[TD="class: label"]Case Name[/TD]
[TD="class: fieldMultiLine"]
Buycks-Roberson v. Citibank Fed. Sav. Bank
[/TD]
[TD="align: right"] FH-IL-0011[/TD]
[TD="class: label"] Docket / Court[/TD]
[TD="class: field"] 94 C 4094 ( N.D. Ill. )[/TD]
[TD="align: right"][/TD]
[TD="class: label"] State/Territory[/TD]
[TD="class: field"] Illinois[/TD]
[TD="align: right"][/TD]
[TD="class: label"] Case Type(s)[/TD]
[TD="class: tight, colspan: 2"] Fair Housing/Lending/Insurance[/TD]
[TD="class: label"] Case Summary[/TD]
[TD="class: tight, colspan: 2"] Plaintiffs filed their class action lawsuit on July 6, 1994, alleging that Citibank had engaged in
redlining practices
in the Chicago metropolitan area in violation of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; the Fair Housing Act, 42 U.S.C. 3601-3619; the Thirteenth Amendment to the U.S. Constitution; and 42 U.S.C. 1981, 1982. Plaintiffs alleged that the defendant-bank rejected loan applications of minority applicants while approving loan applications filed by white applicants with similar financial characteristics and credit histories. Plaintiffs sought injunctive relief, actual damages, and punitive damages.
This case has received a good deal of press and blogger attention because one of the plaintiffs' lawyers was Barack Obama, then just a couple of years out of law school.
U.S. District Court Judge Ruben Castillo certified the plaintiffs' suit as a class action on June 30, 1995. Buycks-Roberson v. Citibank Fed. Sav. Bank, 162 F.R.D. 322 (N.D. Ill. 1995). Also on June 30, Judge Castillo granted Plaintiffs' motion to compel discovery of a sample of Defendant-bank's loan application files. Buycks-Roberson v. Citibank Fed. Sav. Bank, 162 F.R.D. 338 (N.D. Ill. 1995).
The parties settled the case on May 12, 1998, with an agreement that provided for waiver of some fees for class members, should they reapply for a loan, and also for various procedures to ensure that Citibank followed its own loan policies in a race neutral way.
Andrew Nash - 06/02/2008
[/TD]
Redlining:
The CRA was also part of an effort to prevent what was referred to as “redlining.” Redlining refers to the practice by bankers of literally drawing a red line around certain areas (typically LMI neighborhoods) on a map and declaring that no loans or mortgages will be made that originate from the redlined area. The issue was that many financial institutions that redlined certain areas took deposits from these areas, effectively using the deposits of the poor to fund credit for the rich. Therefore, in combination with the Home Mortgage Disclosure Act of 1975 or “HMDA”, Congress passed the CRA and regulators began seeking out redlining and stopping it.
Perhaps the most significant piece of legislation affecting the CRA was the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, which made
CRA performance evaluations a major determinant in whether or not the government would approve bank mergers, acquisitions, and the opening of new branches. Essentially, when a bank wanted to expand via one of the aforementioned processes the Federal Reserve – though possibly another agency – would complete a CRA evaluation of the bank. The CRA evaluation would then be presented to the public and community organizers, such as ACORN, would have the ability to review the CRA evaluations. If a bank was underperforming in the eyes of the government or the community organizers, either party had the
ability to object to the merger/acquisition/new branch. Such objections have a very high potential to halt a bank’s expansion. So, any bank within CRA areas had to be sure to carefully follow CRA rules or else their ability to expand would be seriously impeded.