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James Kleimann on how the Supreme Court’s Chevron decision could affect housing regulation

HousingWire Daily

NOTE

Frustration of Over Regulation

The recent ruling by the Chief Justice of the Court overruling Chevron has sparked controversy, with some seeing it as allowing courts to set national policy, contrary to their traditional role. However, this ruling is welcomed by the industry, especially in mortgages, as it brings relief from the frustration caused by unclear and unpredictable regulations imposed by agencies like the CFPB. Industry players have long been exasperated by the lack of transparency and consistency in regulatory interpretations, leading to substantial compliance costs and legal uncertainties. The concern over the vast power of agencies like the CFPB being insulated from review and leveraging the Chevron Doctrine for broad statutory interpretation has been a significant issue. The shift in the paradigm may provide a mechanism for better oversight to ensure stronger legal interpretations by regulators to avoid future legal challenges.

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