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Case Name USAA Federal Savings Bank v. Pennsylvania Human Relations Commission FH-PA-0003
Docket / Court 2:10-cv-07220 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On December 13, 2010, the USAA Federal Savings Bank filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the Pennsylvania Human Relations Commission requesting injunctive and declaratory relief due to allegations of non-compliance with the federal ... read more >
On December 13, 2010, the USAA Federal Savings Bank filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the Pennsylvania Human Relations Commission requesting injunctive and declaratory relief due to allegations of non-compliance with the federal Homeowners' Loan Act.

Specifically, The Pennsylvania Human Relations Commission had received a complaint, in June 2009, from an individual that USAA Federal Savings Bank had discriminated against her when they had denied the cash out refinancing loan on her investment property. In order to investigate this complaint, the Pennsylvania Human Relations Commission attempted to retrieve documents to look into the USAA Federal Saving Bank's lending practices. Rather than turn over documentation to the Pennsylvania Human Relations Commission, USAA Federal Savings Bank filed this lawsuit under the argument that only the Office of Thrift Supervision, USAA's federal regulator at the time of the lawsuit, can oversee the USAA's lending practices.

The Pennsylvania Human Relations Commission filed a motion to dismiss on February 7, 2011. On February 10, 2011, the court [Judge Timothy J. Savage] requested that both parties file motions for summary judgment.

On April 28, 2011, the United States filed a statement of interest in this matter in which it stated that the Pennsylvania Human Relations Commission's motion for summary
judgment dismissing USAA Federal Savings Bank's lawsuit should be granted, and USAA's motion for summary judgment should be denied. The United States also stated that the Pennsylvania Human Relations Commission, as a state agency certified by the United States Department of Housing and Urban Development to enforce a state fair housing law substantially equivalent to the Fair Housing Act (FHA), is authorized by the FHA to investigate lending discrimination complaints as a matter of law.

After completing oral arguments on August 10, 2011, the court [Judge Timothy J. Savage] issued an order granting the Pennsylvania Human Relations Commission's motion for summary judgment on August 23, 2011. The court concluded that the Pennsylvania Human Relations Commission's investigation, pursuant to the Pennsylvania Human Relations Act, was not preempted by federal law. Rather, it was mandated by federal law. (2011 WL 3715056). On August 31, 2011, the court dismissed the case.

Megan Richardson - 12/05/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Supremacy Clause
Discrimination-area
Lending
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Pennsylvania Human Relations Commission
Plaintiff Description USAA Federal Savings Bank is a federal savings association.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
2:10−cv−07220 (E.D. Pa.) 08/31/2011
FH-PA-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint for Injunctive and Declaratory Relief 12/13/2010
FH-PA-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States 04/28/2011
FH-PA-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 08/23/2011 (2011 WL 3715113) (E.D. Pa.)
FH-PA-0003-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/23/2011 (2011 WL 3715056) (E.D. Pa.)
FH-PA-0003-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/31/2011 (E.D. Pa.)
FH-PA-0003-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Savage, Timothy J. (E.D. Pa.)
FH-PA-0003-0003 | FH-PA-0003-0004 | FH-PA-0003-0005 | FH-PA-0003-9000
Monitors/Masters Memeger, Zane D. (Pennsylvania)
FH-PA-0003-0002
Mosteller, Daniel P. (District of Columbia)
FH-PA-0003-0002
Murphy, Donna M. (District of Columbia)
FH-PA-0003-0002
Perez, Thomas E. (District of Columbia)
FH-PA-0003-0002
Rosenbaum, Steven H. (District of Columbia)
FH-PA-0003-0002
Plaintiff's Lawyers Bryce, Martin C Jr. (Pennsylvania)
FH-PA-0003-0001 | FH-PA-0003-9000
Kaplinsky, Alan S. (Pennsylvania)
FH-PA-0003-0001
Mehta, Tejal K. (Pennsylvania)
FH-PA-0003-0001 | FH-PA-0003-9000
Defendant's Lawyers Hancock, Ryan Allen (Pennsylvania)
FH-PA-0003-9000
Kramer, Barry N. (Pennsylvania)
FH-PA-0003-9000
Nier, Charles Lewis (Pennsylvania)
FH-PA-0003-9000
Other Lawyers Blume, Michael S. (Pennsylvania)
FH-PA-0003-0002 | FH-PA-0003-9000

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