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The Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) -- the "fair lending laws" -- prohibit discrimination in lending. Responsibility for their oversight is shared among three enforcement agencies -- HUD, the FTC, and Dept. of Justice -- and five depository institution regulators -- the FDIC, the Fed. Reserve, Nat. Credit Union Admin., Office of the Comptroller of the Currency, and the Office of Thrift Supervision. This report examines: (1) data used by agencies and the public to detect potential violations and options to enhance the data; (2) fed. oversight of lenders that are identified as at heightened risk of violating the fair lending laws; and (3) recent cases involving fair lending laws and associated enforcement challenges. Illus.
Federal Fair Lending Laws, enacted in 1968 and 1974, prohibit discrimination in all forms of credit transactions, including consumer and business loans as well as mortgage loans. This report reviews federal efforts to strengthen enforcement of the fair lending laws, discusses the challenges federal regulators face in their efforts to detect discrimination and ensure compliance, and recommends actions to meet some of those challenges. Charts and tables.
The Fed. Reserve Board¿s (FRB) Regulation B prohibits lenders from collecting certain data from loan applicants, such as their race or gender, for non-mortgage loans (e.g., small business loans). This provision minimized the chances that lenders would use such data in an unlawful and discriminatory manner. However, others argue that the prohibition limits the capacity of researchers and regulators to identify possible discrimination in non-mortgage lending. This testimony discusses an analysis of: (1) studies on possible discrimination in non-mortgage lending and the data used in them; (2) FRB¿s 2003 decision to retain the prohibition of voluntary data collection; and (3) the benefits and costs of a data collection and reporting requirement.
Praise for Fair Lending ComplianceIntelligence and Implications for Credit Risk Management "Brilliant and informative. An in-depth look at innovative approaches to credit risk management written by industry practitioners. This publication will serve as an essential reference text for those who wish to make credit accessible to underserved consumers. It is comprehensive and clearly written." --The Honorable Rodney E. Hood "Abrahams and Zhang's timely treatise is a must-read for all those interested in the critical role of credit in the economy. They ably explore the intersection of credit access and credit risk, suggesting a hybrid approach of human judgment and computer models as the necessary path to balanced and fair lending. In an environment of rapidly changing consumer demographics, as well as regulatory reform initiatives, this book suggests new analytical models by which to provide credit to ensure compliance and to manage enterprise risk." --Frank A. Hirsch Jr., Nelson Mullins Riley & Scarborough LLP Financial Services Attorney and former general counsel for Centura Banks, Inc. "This book tackles head on the market failures that our current risk management systems need to address. Not only do Abrahams and Zhang adeptly articulate why we can and should improve our systems, they provide the analytic evidence, and the steps toward implementations. Fair Lending Compliance fills a much-needed gap in the field. If implemented systematically, this thought leadership will lead to improvements in fair lending practices for all Americans." --Alyssa Stewart Lee, Deputy Director, Urban Markets Initiative The Brookings Institution "[Fair Lending Compliance]...provides a unique blend of qualitative and quantitative guidance to two kinds of financial institutions: those that just need a little help in staying on the right side of complex fair housing regulations; and those that aspire to industry leadership in profitably and responsibly serving the unmet credit needs of diverse businesses and consumers in America's emerging domestic markets." --Michael A. Stegman, PhD, The John D. and Catherine T. MacArthur Foundation, Duncan MacRae '09 and Rebecca Kyle MacRae Professor of Public Policy Emeritus, University of North Carolina at Chapel Hill
Well-known fair housing and fair lending activists and organizers examine the implications of the new wave of fair housing activism generated by Occupy Wall Street protests and the many successes achieved in fair housing and fair lending over the years. The book reveals the limitations of advocacy efforts and the challenges that remain. Best directions for future action are brought to light by staff of fair housing organizations, fair housing attorneys, community and labor organizers, and scholars who have researched social justice organizing and advocacy movements. The book is written for general interest and academic audiences. Contributors address the foreclosure crisis, access to credit in a changing marketplace, and the immoral hazards of big banks. They examine opportunities in collective bargaining available to homeowners and how low-income and minority households were denied access to historically low home prices and interest rates. Authors question the effectiveness of litigation to uphold the Fair Housing Act’s promise of nondiscriminatory home loans and ask how the Consumer Financial Protection Bureau is assuring fair lending. They also look at where immigrants stand, housing as a human right, and methods for building a movement. Chester Hartman is an urban planner, academic, author of more than twenty books, and director of research for the Poverty & Race Research Action Council. Gregory Squires is a professor of sociology, public policy, and public administration at George Washington University and advisor to the John Marshall Law School Fair Housing Legal Support Center.
The federal Fair Housing Act of 1968 was passed in a time of turmoil, conflict, and often conflagration in cities across the nation. It took the assassination of Dr. Martin Luther King, Jr. to finally secure its passage. The Kerner Commission warned in 1968 that "to continue present policies is to make permanent the division of our country into two societies; one largely Negro and poor, located in the central cities; the other, predominantly white and affluent, located in the suburbs and outlying areas". The Fair Housing Act was passed with a dual mandate: to end discrimination and to dismantle the segregated living patterns that characterized most cities. The Fight for Fair Housing tells us what happened, why, and what remains to be done. Since the passage of the Fair Housing Act, the many forms of housing discrimination and segregation, and associated consequences, have been documented. At the same time, significant progress has been made in counteracting discrimination and promoting integration. Few suburbs today are all white; many people of color are moving to the suburbs; and some white families are moving back to the city. Unfortunately, discrimination and segregation persist. The Fight for Fair Housing brings together the nation’s leading fair housing activists and scholars (many of whom are in both camps) to tell the stories that led to the passage of the Fair Housing Act, its consequences, and the implications of the act going forward. Including an afterword by Walter Mondale, this book is intended for everyone concerned with the future of our cities and equal access for all persons to housing and related opportunities.