University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name United States v. Bank United FH-NY-0019
Docket / Court 1:99-cv-00526 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On July 28, 1999, the U.S. Department of Justice (DOJ) filed a complaint on behalf of a disabled individual and her minor children in the U.S. District Court for the Western District of New York under the Fair Housing Act, 42 U.S.C. § 3602 (h) against Bank United. The complaint alleged that the ... read more >
On July 28, 1999, the U.S. Department of Justice (DOJ) filed a complaint on behalf of a disabled individual and her minor children in the U.S. District Court for the Western District of New York under the Fair Housing Act, 42 U.S.C. § 3602 (h) against Bank United. The complaint alleged that the defendant had engaged in discriminatory housing practices against the disabled individual. Specifically, it alleged that the defendant discriminated against her on the basis of her disability in her application for Federal Housing Administration-insured mortgage loan. The defendant allegedly repeatedly inquired into the nature of her and her children's disability, and, as a result, the complainant withdrew her application. The complaint asked for declaratory, injunctive and monetary relief.

The parties entered into a settlement agreement, and the court issued a consent decree on August 5, 1999. Under the agreement, the defendant was permanently enjoined from establishing, publishing, or applying policies or practices that request or require the disclosure of confidential personal or medical information or the nature or extent of disability and from any other discrimination on the basis of disability as prohibited by the Fair Housing Act. The defendant agreed to pay $25,000 to the individual and her children in exchange for the release of all claims arising from the facts at issue. The defendant also agreed to implement procedures ensuring that no discrimination on the basis of disability occurs, whereas the bank can only request documentation that relates to the source of payments for the loan. The defendant also had to keep records relating to any persons that applies for a mortgage on the basis of disability income. The defendant agreed to provide anti-discrimination training.

The defendant agreed to send pertinent files to the United States. The duration of the agreement was three years and three months. The case is closed.

Zhandos Kuderin - 11/20/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Develop anti-discrimination policy
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Bank or credit provider
Disability
disability, unspecified
Discrimination-area
Housing Sales/Rental
Lending
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Confidentiality
Housing
Predatory lending
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Commonwealth United Mortgage
Plaintiff Description U.S. Department of Justice on behalf of physically disabled individuals as defined by the Fair Housing Act.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1999 - 2002
Case Closing Year 1999
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:99−cv−00526 (W.D.N.Y.) 08/05/1999
FH-NY-0019-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/28/1999
FH-NY-0019-0002.pdf | Detail
Consent Decree Between the United States and Bank United 08/05/1999 (W.D.N.Y.)
FH-NY-0019-0003.pdf | Detail
Judges Skretny, William M. (W.D.N.Y.)
FH-NY-0019-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fleming, Mary Pat (New York)
FH-NY-0019-0002 | FH-NY-0019-0003 | FH-NY-0019-9000
Halperin, Eric I. (District of Columbia)
FH-NY-0019-0002 | FH-NY-0019-0003 | FH-NY-0019-9000
Lee, Bill Lann (District of Columbia)
FH-NY-0019-0002 | FH-NY-0019-0003 | FH-NY-0019-9000
Magagna, Joan A. (District of Columbia)
FH-NY-0019-0002 | FH-NY-0019-0003 | FH-NY-0019-9000
O'Donnell, Denise E. (New York)
FH-NY-0019-0002 | FH-NY-0019-0003
Reno, Janet (District of Columbia)
FH-NY-0019-0002
Thabault, Isabelle M (District of Columbia)
FH-NY-0019-0002 | FH-NY-0019-0003 | FH-NY-0019-9000
Defendant's Lawyers Davies, R. Scott (Minnesota)
FH-NY-0019-0003 | FH-NY-0019-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -