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Financial Services Law Insights and Observations

District Court rules city failed to prove bank engaged in discriminatory lending practices

Courts Fair Lending Disparate Impact

Courts

On June 29, the U.S. District Court for the Southern District of Florida granted a national bank’s Motion for Summary Judgment against the City of Miami Gardens (City) on the City’s claims that the bank allegedly made loans to minority borrowers that were more expensive than those given to non-minority borrowers, resulting in greater rates of default and foreclosure, which led to reduced property values in the City and decreased the City’s property tax revenue. (See previous Buckley Sandler Special Alert on a 2017 Supreme Court ruling addressing whether cities have standing to bring discriminatory lending claims under the FHA to recover lost tax revenue and upkeep costs). The court, siding with the bank, found the City had failed to present sufficient evidence to support a claim of discriminatory lending. According to the order, the parties agreed that the bank had not made any predatory loans during the limitations period. Because the City only identified two types of loans from a total of 153 loans issued by the bank during the limitations period as having been made at a higher cost to minorities, the record was insufficient to show the bank’s policies produced “statistically imbalanced lending patterns” and failed to support a claim for disparate impact. The judge further determined that the bank established that there were “legitimate nondiscriminatory reasons that motivated the different pricing,” and that “the City ultimately cannot carry its burden to show by a preponderance of the evidence that [the bank’s] reasons for the price differentials were a mere pretext for discrimination.” On these bases, the court granted the motion.

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