Austin Holland

Austin Holland’s practice focuses on financial services litigation. Prior to joining Bradley, Austin worked for the U.S. Department of Housing and Urban Development in the Office of Litigation, where he handled matters related to reverse mortgages, bankruptcy, foreclosures, grant recaptures, withdrawals of SAFMR and AFFH rules, religious discrimination, and the Appointments Clause of the U.S. Constitution. View articles by Austin.

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HUD Acts to Revive Two Fair Housing Policies

Roughly three months ago, President Biden signed an executive order that, among other things, directed HUD to reevaluate earlier agency decisions perceived to weaken the Fair Housing Act. In response to this directive, HUD has submitted draft rules to the Office of Management and Budget that would roll back two significant changes made by the … Continue Reading

Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment

By Austin Holland, Christopher K. Friedman and J. Tanner Lusk on April 1, 2021 Posted in Affordable Housing, Compliance, Disparate Impact, Fair Housing, Fair Lending, HUD, HUD Requirements, Tenant Protection

On March 21, 2021, the United States Court of Appeals for the Second Circuit held en banc in Francis v. Kings Park Manor, Inc., et al. (Francis II) that landlords, who do not have discriminatory intent, are not liable under the Fair Housing Act (FHA) for ignoring tenant-on-tenant racial harassment in their buildings. In considering … Continue Reading

FHA Clarifies That DACA Classified Residents Are Permitted to Apply for FHA-Insured Mortgages

By Austin Holland and Christopher K. Friedman on January 22, 2021 Posted in Affordable Housing, Banking, Compliance, Disparate Impact, Fair Housing, Fair Lending, HUD Requirements, Mortgage Loan Originators, Tenant Protection

On January 20, 2021, the U.S. Department of Housing and Urban Development (HUD) released guidance clarifying its definition of the term “lawful residency.” Under the updated guidance, HUD makes clear that individuals classified under the Deferred Action for Childhood Arrivals (DACA) program with the U.S. Citizenship and Immigration Service (USCIS) and are legally permitted to … Continue Reading

FHA Posts Proposed Rule Permitting Acceptance of Private Flood Insurance

By Heather Howell Wright and Austin Holland on November 11, 2020 Posted in Banking, Compliance, Flood Insurance Regulation, Insurance, Mortgage Loan Originators

On November 10, 2020, the U.S. Department of Housing and Urban Development (HUD) released a proposed amendment to Federal Housing Administration (FHA) regulations that would allow lenders to accept private flood insurance policies on FHA-insured properties located in Special Flood Hazard Areas. HUD will accept comments for 60 days following the date the proposed rule, … Continue Reading

Federal District Court Stays Effective Date and Enjoins Enforcement of HUD’s Final Rule on the Fair Housing Act’s Disparate Impact Standard

By Austin Holland and Christopher K. Friedman on November 2, 2020 Posted in Affordable Housing, Banking, Commercial Lending, Compliance, Disparate Impact, Fair Housing, Fair Lending, HUD, HUD Requirements, Mortgage Loan Originators, Tenant Protection

On October 24, 2020, the U.S. Department of Housing and Urban Development’s (HUD) final rule on the implementation of the Fair Housing Act’s disparate impact standard was scheduled to become effective. That effective date was short lived: on October 25, 2020, the U.S. District Court for the District of Massachusetts entered a preliminary injunction staying … Continue Reading

HUD Issues Final Rule on the Fair Housing Act’s Disparate Impact Standard

By Austin Holland and Christopher K. Friedman on September 10, 2020 Posted in Affordable Housing, Banking, Commercial Lending, Compliance, Disparate Impact, Fair Housing, Fair Lending, HUD, HUD Requirements, Mortgage Loan Originators, Tenant Protection

On September 3, 2020, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits discrimination in many housing-related activities on the basis of race, color, religion, sex, disability, familial status, and national origin. For at … Continue Reading

Agencies Offer Regulatory Assistance in Disaster Affected Areas

By Heather Howell Wright, Judea S. Davis and Austin Holland on September 3, 2020 Posted in Banking, Environmental, Federal Agencies, Insurance, Loan Modification

On the first day of National Preparedness Month, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Conference of State Bank Supervisors issued a joint statement recognizing the impact of Hurricane Laura and the California … Continue Reading

HUD, Fannie Mae, and Freddie Mac Suspend Foreclosures and Evictions for 60 Days

By James W. Wright Jr., Michael Gordon and Austin Holland on March 19, 2020 Posted in Affordable Housing, Banking, Bankruptcy, CFPB, Compliance, COVID-19 (Coronavirus), FHA, Foreclosing Entities, Foreclosure, HUD, Mortgage Loan Originators, Mortgage Servicing, Reverse Mortgage

During a COVID-19 press briefing at the White House on March 18, 2020, President Donald Trump announced that the Department of Housing and Urban Development (HUD) will temporarily suspend “all foreclosures and evictions.” The president made this announcement to provide “immediate relief” to homeowners and renters struggling to make rent and mortgage payments. The president’s … Continue Reading

HUD Proposes Amendments to the Federal Manufactured Home Construction and Safety Standards

By Austin Holland and Jason R. Bushby on February 7, 2020 Posted in Affordable Housing, Manufactured Housing

On January 30, 2020, U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson announced the release of a proposed rule to amend the Federal Manufactured Home Construction and Safety Standards. Secretary Carson made the announcement while touring the Clayton Homes Manufacturing Plant in Russellville, Alabama. The proposed rule covers numerous changes to the … Continue Reading

HUD and DOJ Release Memorandum on the Application and Enforcement of FHA Violations Involving the False Claims Act

By F. Wendell Allen, James W. Wright Jr. and Austin Holland on October 29, 2019 Posted in Affordable Housing, Banking, Compliance, False Claims Act, FHA, HUD, Investigations / Enforcement, Manufactured Housing, Mortgage Loan Originators, Mortgage Servicing, Reverse Mortgage

In an effort to provide clarity and certainty to Federal Housing Administration (FHA) approved lenders, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) jointly issued a memorandum of understanding (MOU) on October 28, 2019, describing broad guidelines about how HUD and DOJ will coordinate using the False … Continue Reading

Regulators Release Updated Examination Procedures for Acceptance of Private Flood Insurance

By Heather Howell Wright and Austin Holland on October 8, 2019 Posted in Banking, Compliance, Flood Insurance Regulation, Insurance, Mortgage Loan Originators

The final rule promulgated by the Board of Governors of the Federal Reserve (Federal Reserve), the Farm Credit Administration, the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration, and the Office of the Comptroller of the Currency (OCC) went into effect on July 1, 2019, to implement the portion of the Biggert-Waters Flood … Continue Reading

House Financial Services Committee Meets to Discuss Improvements to FHA HECM Program

By James W. Wright Jr. and Austin Holland on October 1, 2019 Posted in Compliance, FHA, HUD, Reverse Mortgage

The U.S. House of Representatives Financial Services Subcommittee on Housing, Community Development, and Insurance convened a hearing on September 25, 2019, to discuss the federal Home Equity Conversion Mortgage (HECM) program, including recently proposed HECM legislation. The subcommittee hearing, titled “Protecting Seniors: A Review of the FHA’s Home Equity Conversion Mortgage Program,” included testimony from … Continue Reading

Secretary Carson Focused on Improving Access to Manufactured Housing

By Jonathan R. Kolodziej and Austin Holland on September 16, 2019 Posted in Affordable Housing, HUD, Manufactured Housing

During testimony before the United States Senate, Department of Housing and Urban Development (HUD) Secretary Ben Carson stated his belief that manufactured housing plays a “vital role in meeting the nation’s affordable housing needs,” and supported removing barriers that may prevent some consumers from obtaining manufactured housing. Secretary Carson’s comments, which provided a detailed look … Continue Reading

FHA Rule Reduces Barriers to Reverse Mortgages for Condominium Owners

By James W. Wright Jr. and Austin Holland on August 26, 2019 Posted in Compliance, FHA, HUD, Reverse Mortgage

After a nearly three-year delay, the U.S. Department of Housing and Urban Development (HUD) has finally released an update to its FHA condominium rules. The new rules, which take effect October 15, 2019, allow for FHA insurance approval on individual condominium units and ease burdensome FHA-insured reverse mortgage application requirements on condos, expanding access to … Continue Reading

HUD Proposed Rule Demands More Disparate and More Impact to Establish Disparate Impact Liability

By Austin Holland, Heather Howell Wright and Christopher K. Friedman on August 12, 2019 Posted in Affordable Housing, Banking, Commercial Lending, Compliance, Credit Reporting Industry, Disparate Impact, Fair Housing, Fair Lending, Foreclosure, HUD, HUD Requirements, Mortgage Loan Originators, Tenant Protection

The United States Department of Housing and Urban Development (HUD) released a sweeping proposed rule on August 1 seeking to amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard. According to HUD, the proposed rule is designed to better reflect the U.S. Supreme Court’s 2015 ruling in Texas Department of Housing and Community … Continue Reading

New Law Expands Protections for Manufactured Homeowners and Tenants in New York

By Jason R. Bushby and Austin Holland on July 23, 2019 Posted in Affordable Housing, Manufactured Housing

Effective July 14, 2019, the State of New York greatly expanded tenant protections with a large package of bills covering topics ranging from rent control to eviction restrictions to rent-to-own contracts for manufactured homes (MH). A majority of the law is aimed at protections for apartment renters in New York City and throughout the state. … Continue Reading

United States Senate to Consider Legislation Expanding Fair Housing Protection to LGBTQ Community

By Heather Howell Wright, Christopher K. Friedman and Austin Holland on May 13, 2019 Posted in Affordable Housing, Disparate Impact, Fair Housing, Fair Lending, HUD

A bipartisan measure was introduced in the United States Senate in late April to expand fair housing protections to LGBTQ persons. The Fair and Equal Housing Act of 2019, introduced by Senators Susan Collins (R-ME), Angus King (I-ME), and Tim Kaine (D-VA), would expressly include “sexual orientation and gender identity” as characteristics protected by the … Continue Reading

HUD Charges Facebook with Violating the Fair Housing Act over Targeted Ads

By Heather Howell Wright, Christopher K. Friedman and Austin Holland on April 18, 2019 Posted in Affordable Housing, Fair Housing, HUD

The United States Department of Housing and Urban Development (HUD) recently announced charges against social media company Facebook for violating the Fair Housing Act (42 U.S.C. 3601-3619 and 3631). The charges derive from Facebook enabling housing advertisers to target Facebook users based on protected class status: race, nationality, religion, color, familial status, sex, and disability. HUD … Continue Reading

FHA Expands Program to Accelerate Financing of Low-Income Housing Tax Credit Multifamily Housing Projects

By Heather Howell Wright and Austin Holland on March 18, 2019 Posted in Affordable Housing, Compliance, Fair Housing, HUD, HUD Requirements, Regulatory Supervision

The mission of the U.S. Department of Housing and Urban Development (HUD) is, in part, to bolster the economy by strengthening the housing market, protecting consumers, and working to meet the needs for quality affordable rental homes. To further this mission, the Federal Housing Administration (FHA) launched a pilot program in 2012 to streamline mortgage … Continue Reading

HUD Drastically Cuts Advance Notice for REAC Inspections

By Heather Howell Wright, Austin Holland and Christopher K. Friedman on February 27, 2019 Posted in Affordable Housing, Compliance, Fair Housing, HUD, HUD Requirements, Regulatory Supervision

You are the property manager for a HUD-subsidized apartment development. One day, the owner of the development rushes into your office, visibly frantic. The owner says, “We just received a letter from HUD’s Real Estate Assessment Center (REAC) that REAC inspectors have scheduled the property for an inspection.” You respond, “Don’t worry — with extensions … Continue Reading