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What is a facially neutral policy?

Question: 
What is a facially neutral policy?
Answer: 

Under the Discriminatory Effects Standard ruling, which was restored in March 2023, disparate impact occurs when a facially neutral policy or practice burdens certain persons on a prohibited basis. Facially neutral means that on the surface, or “face value,” no one is expressly excluded, however the lender’s standards are found to disproportionally exclude protected groups. Because there is no intent to discriminate, the impact is considered unintentional.

Fair and Inclusive Mortgage Lending Outreach is the premier 2023 resource guide for implementing fair lending goals. Covers modern-day redlining, appraisal equality, marketplace demographics, credit needs assessment, peer analysis, product enhancement, community outreach, and preparing for an examination. PDF format with dozens of infographics and links to resources.

First published on 07/23/2023

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