Policy Briefs, Reports and Press Releases
- Press Release: NCLC Working to Improve Mortgage Lenders' Data to Promote Fair Housing, March 24, 2014
- Report: Why Responsible Mortgage Lending Is a Fair Housing Issue, Feb. 2012
- Comments to CFPB on the proposed rule amending Regulation C of the Home Mortgage Disclosure Act (HMDA), Oct. 29, 2014
- Letter to the Senate Banking Committee on fair housing and GSE reform, February 26, 2014
- Comments on the proposed credit retention rule relating to home mortgages and its exceptions: the QRM, October 30, 2013
- Comments on Qualified Mortgage Definition for HUD Insured and Guaranteed Single Family Mortgages, October 30, 2013
- Comments to the CFPB re Amendments to the 2013 Mortgage Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z), July 22, 2013
- Comments to CFPB on Truth in Lending Act – Regulation Z: Ability to Repay Standards under the Truth-in-Lending Act, Feb. 25, 2013
- Comments on collection of Home Mortgage Disclosure Act (HMDA) data, Nov. 26, 2012
- Comments to the Federal Reserve Board regarding its proposed Truth in Lending (TILA) rules for closed end and open-end mortgage credit, December 24, 2009
- Comments on Real Estate Settlement Procedures Act (RESPA) Proposed Rule to Simplify and Improve the Process of Obtaining Mortgages to Reduce Settlement Costs to Consumers, June 16, 2008
- Comments to the Board of Governors of the Federal Reserve System regarding the Board's Authority under HOEPA to Prohibit Unfair Acts or Practices in Connection with Mortgage Lending, August 2007
Litigation & Amicus Briefs
- Property Casualty Insurers Assoc. of America v. Donovan (N.D. Ill. 2014). The NCLC, along with 12 civil rights and grassroots organizations, filed an amicus brief in an action brought by the insurance industry challenging a rule formalized by HUD in 2013 that recognized disparate impact liability under the Fair Housing Act. The insurance industry sought to invalidate the rule's application to the homeowner's insurance industry. Examining the history and persistence of insurance redlining, the organizations argued that application of the rule is vital to ensuring fairness in the market for homeowner's insurance and is consistent with sound actuarial practices, and other business related practices.
Decision: The U.S. District Court, Northern District of Illinois decision dismissed the industry's claim under McCarran-Ferguson for lack of subject matter jurisdiction as that claim was not ripe for judicial review and also rejected the industry's challenge to HUD's adoption, in the rule, of a three-step burden-shifting approach. However, the court did determine that HUD did not adequately consider substantive comments submitted by the industry prior to adoption of the rule and remanded the case to HUD to provide further reasoned explanations of the rule's impact under McCarran-Ferguson, the filed-rate doctrine, and its general effects on the insurance industry.
American Insurance Assoc. v. U.S. Department of Housing and Urban Dev. (D.C. 2014). The NCLC joined the NAACP Legal Defense and Educational Fund, American Civil Liberties Union (ACLU), and the National Community Reinvestment Coalition in an amicus brief in support of HUD in an action brought by homeowner's insurance associations seeking to invalidate the agency's issuance of a rule which codified its long-standing interpretation that the Fair Housing Act prohibits disparate impact discrimination. Noting the history and persistence of insurance redlining, NCLC argued that this pre-enforcement challenge to the rule should be dismissed on jurisdictional grounds without reaching the merits.
- Beverly Adkins et al. v Morgan Stanley: NCLC is co-counsel for African American plaintiffs in a landmark lawsuit brought against Morgan Stanley. The lawsuit claims that the Defendant violated federal civil rights laws, the Fair Housing Act and the Equal Credit Opportunity Act as well as state laws by adopting mortgage securitization policies that caused predatory lending and adversely impacted African Americans in the Detroit, Michigan area.
- Subprime Mortgage Discrimination: National class action cases brought under the Fair Housing Act and the Equal Credit Opportunity Act against certain subprime mortgage lenders
- Magner v. Gallaher, U.S. Supreme Court No.1032
NCLC has joined an amicus brief prepared by the Lawyers' Committee for Civil Rights Under Law with other national civil rights organizations arguing that the Fair Housing Act properly is interpreted to authorize disparate impact claims and that the Eight Circuit applied the correct burden shifting approach to litigating disparate impact claims consistent with the way Title VII cases are litigated and HUD's proposed regulation governing this subject. Brief. NCLC also consulted with the ACLU (which cites NCLC's Credit Discrimination manual and references NCLC's sub-prime mortgage discrimination disparate impact cases brought under the Fair Housing Act) and the Department of Justice with regards to the preparation of the amicus briefs they separately prepared and filed with the Supreme Court in the appeal. Briefs.