Examining Disparate Impacts of Foreclosure Actions
By Philip Grant | August 23, 2013, at 12:00 AM
Solo practitioner Philip Grant writes: The Appellate Division, Second Department's decision in 'HSBC Bank USA v. Taher' reaffirms a policy in foreclosure actions, which, although ethnically neutral on its face, may nevertheless exacerbate ethnic and economic disparity among New Yorkers' homeownership rights.
The U.S. Supreme Court's recent ruling in Shelby County v. Holder struck down a core provision of the Voting Rights Act, which protected against ethnically neutral changes to voting laws that nevertheless adversely impacted minorities in certain states with a history of voting discrimination. Unfortunately, while New York's history with regard to voting laws is relatively unblemished, the Appellate Division, Second Department's decision in HSBC Bank USA v. Taher, 104 A.D.3d 815 (March 20, 2013) reaffirms a policy in foreclosure actions, which, although ethnically neutral on its face, may nevertheless exacerbate ethnic and economic disparity among New Yorkers' equally important home ownership rights.
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