University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Laufman v. Oakley Building & Loan Company FH-OH-0008
Docket / Court 74-153 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
The plaintiffs filed suit under the Fair Housing Act, 42 U.S.C. § 3604, on April 24, 1974, in the U.S. District Court for the District of Southern Ohio. The plaintiffs, a white married couple, approached the Defendant-savings and loan about obtaining a loan for a home purchase in a racially ... read more >
The plaintiffs filed suit under the Fair Housing Act, 42 U.S.C. § 3604, on April 24, 1974, in the U.S. District Court for the District of Southern Ohio. The plaintiffs, a white married couple, approached the Defendant-savings and loan about obtaining a loan for a home purchase in a racially integrated neighborhood in Cincinnati. The plaintiffs alleged that they were denied credit on the basis of the racial composition of the neighborhood in which they desired to purchase property. Originally filed as a class action, the plaintiffs eventually pursued the case as a damages claim based on the less favorable terms of credit that they obtained from another lending institution to purchase their home.

The plaintiffs alleged that the Defendant's denial of credit for a home purchase effectively made "unavailable... [a] dwelling" in violation of 42 U.S.C. § 3604. One of the plaintiffs was also a civil rights attorney, and he litigated the case on a pro se basis. The plaintiffs were also represented in part by lawyers from the National Committee Against Discrimination in Housing (NCDH), a Washington, D.C.-based fair housing non-profit. On June 18, 1975, the U.S. Department of Justice filed an amicus brief in support of the plaintiffs' position. Laufman v. Oakley Bldg. & Loan Co., 404 F. Supp. 791 (S.D. Ohio 1975) (rejecting Defendants' attempt to prevent the United States Department of Justice from filing an amicus brief in the case).

U.S. District Court Judge David S. Porter denied the Defendant's Motion for Summary Judgment on February 13, 1976, making this the first case in which a federal court held that race-based lending discrimination violates the Fair Housing Act. Laufman v. Oakley Bldg. & Loan Co., 408 F. Supp. 489 (S.D. Ohio 1976). The litigants eventually settled the case out of court. One of the terms of the settlement agreement was the creation of a lending monitoring board for the City of Cincinnati.

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Racial segregation
Plaintiff Type
Private Plaintiff
Race
Black
White
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Oakley Building & Loan Company
Plaintiff Description All property owners/prospective purchasers of homes in racially integrated or predominantly black neighborhoods in Hamilton County, OH.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1976 - n/a
Case Closing Year 1976
Case Ongoing No
Additional Resources
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Case Studies The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint 04/29/1974
FH-OH-0008-0001 PDF | Detail
Motion for Summary Judgment in Favor of Defendants 05/02/1975
FH-OH-0008-0006 PDF | Detail
Brief of United States as Amicus Curiae 06/16/1975
FH-OH-0008-0004 PDF | Detail
Brief of the Federal Home Loan Bank Board, Amicus Curiae 06/18/1975
FH-OH-0008-0003 PDF | Detail
Defendants' Brief in Reply to Plaintiffs' and Amicus Curiae's Memoranda Contra Defendants' Motion for Summary Judgment 07/21/1975
FH-OH-0008-0007 PDF | Detail
Plaintiffs' Memorandum in Response to Defendants' Reply Brief 08/01/1975
FH-OH-0008-0002 PDF | Detail
Order [Granting U.S. Leave to File Amicus Brief] 09/08/1975 (404 F.Supp. 791) (S.D. Ohio)
FH-OH-0008-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion [Denying Motion for S/J] 02/13/1976 (408 F.Supp. 489) (S.D. Ohio)
FH-OH-0008-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
"The Law Closes in on Mortgage Discrimination" 03/22/1976
FH-OH-0008-0005 PDF | Detail
Opinion and Order [Granting Plaintiff's Motion to Compel] 09/08/1976 (72 F.R.D. 116) (S.D. Ohio)
FH-OH-0008-0010 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Porter, David Stewart (S.D. Ohio)
FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Monitors/Masters None on record
Plaintiff's Lawyers Colegrove, Donald F. (Ohio)
FH-OH-0008-0001 | FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0006 | FH-OH-0008-0007 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Laufman, Robert Franklin (Ohio)
FH-OH-0008-0001 | FH-OH-0008-0008 | FH-OH-0008-0009
Mulkeen, Jay (District of Columbia)
FH-OH-0008-0001 | FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0004 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Searing, Daniel A. (District of Columbia)
FH-OH-0008-0001 | FH-OH-0008-0002
Sloane, Martin (District of Columbia)
FH-OH-0008-0001 | FH-OH-0008-0002 | FH-OH-0008-0006 | FH-OH-0008-0007
Defendant's Lawyers Ginocchio, Louis A. (Ohio)
FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0004 | FH-OH-0008-0006 | FH-OH-0008-0007 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Lowe, Warren R. (Ohio)
FH-OH-0008-0009 | FH-OH-0008-0010
Other Lawyers Allen, Charles E. (Ohio)
FH-OH-0008-0003
Ash, Matthew G. (District of Columbia)
FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0008 | FH-OH-0008-0009
Dennis, Warren L. (District of Columbia)
FH-OH-0008-0002 | FH-OH-0008-0004
Goldberg, Daniel J. (District of Columbia)
FH-OH-0008-0003 | FH-OH-0008-0007
Kaminsky, Jerry F. (Ohio)
FH-OH-0008-0004 | FH-OH-0008-0009
McGraw, Paul E. (District of Columbia)
FH-OH-0008-0003
Milligan, William W. (District of Columbia)
FH-OH-0008-0004
Schwelb, Frank E. (District of Columbia)
FH-OH-0008-0004 | FH-OH-0008-0008 | FH-OH-0008-0009
Shore, Harold B. (District of Columbia)
FH-OH-0008-0003

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