Disparate Treatment and Impact in USPAP

Baggins says:

Interesting, Eric, interesting. Well, if we’re going to incorporate these terms into the ethics book, it’s best to know the full details. DOJ on disparate impact.
https://www.justice.gov/crt/fcs/T6Manual7

And we’re back to the ‘nature of harm’ consideration. Where if appraisers over valued peoples houses for unrealistic numbers they could not actually sell for in the free market, that may be actually passing the three judicial consideration tests of intentional disparate treatment and subsequent disparate harm. Do you think the geniuses rewriting the ethics draft for the fifth time bothered to read these details? It is not necessary to add watered down language to an ethic book, when the terms described are clearly established law which applies universally to everyone in the first place. However we can accept these terms, as now there is official language in the ethic book which can be argued to highlight the disparate treatment and disparate impact the amc industry has imposed upon all licensed appraisers, which has led to the inability to hire and take on new people, increase diversity of the ranks, has limited the opportunity of appraisers, imposed a restraint of trade system as well as a pay to play system upon all of us. The imposition of remote inspection services is also apparently another example of current real world disparate treatment and disparate impact upon appraisers which further contributes to lack of resources, and therefore lack of diversity and new opportunity.

‘ AGENCY PRACTICE TIP
There is no one-size-fits-all measure for disparity. Investigating agencies must tailor their methodology to the circumstances in each case in order to ensure an accurate measurement. For example, under the Fair Housing Act, HUD noted that deciding whether “a particular practice results in a discriminatory effect is a fact–specific inquiry” and that because there are “numerous and varied practices and wide variety of private and governmental entities covered by the Act, it would be impossible to specify in the rule the showing that would be required to demonstrate a discriminatory effect in each of these contexts.” Implementation of the Fair Housing Act’s Disparate Impact Standard, 78 Fed. Reg. 11,460, 11,468, (Feb. 15, 2013). Where recurring case types have sufficient commonalities, however, agencies can consider crafting guidelines for measuring and defining adverse disparate impact in their recipients’ programs. Where such guidelines apply, the investigating agency should, of course, use the methodologies developed for specific matters. ‘

Did that just take us full circle back to how the credit programs instituted by lenders are to blame more than the reading of current market values by appraisers? Here is another one; The disparate impact of the fictitious Brookings study on racist appraisers. 1. Intention. 2. Clearly caused harm. 3. Proven inadequate and/or faulty methods by the AEI report. 4. Causation is proved by the special benefits Brookings seeks to receive, and hand out, by their act of intentional harm and slander upon the appraisal community, use of improper influence upon TAF. Hell, this could even apply to the amc’s whom sat on the PAVE task force. Dave Bunton, the chief disparate impact champion. Intention. Harm. Inadequate qualifications coupled with inept leadership. Receiving of special benefits. Another four tests passing grade. Winning! (That is a long MF read, I made it through about half and bookmarked for later, suggest you save also.) This will give me a lot of interesting things to drone on about and inject with unnecessary questions in the next live ethics class, lol. Good luck to anyone trying to teach appraisers about this subject matter, after one would have already read the DOJ advisement and example positions from the Title VI legal manual, section VII. And that’s how it’s done, easy. It’s incorporated into the uspap book and therefore, expertise and mastery of this topic matter is now an additional licensing requirement for appraisers. No problem, give me another. PAREA graduates don’t stand a chance.