Filed Date: Feb. 6, 1978
Closed Date: Sept. 26, 1979
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In 1978, Plaintiff-Associations filed a declaratory suit in the U.S. District Court for the Eastern District of California requesting the court to find that California's Housing Financial Discrimination Act was pre-empted by federal regulation. The California Act required Savings & Loans to post notices explaining fair lending rights under state law. Plaintiff-Associations had refused to comply with the Act's notice requirements, and state courts had held the Plaintiffs liable for statutory damages for non-compliance. People v. West Coast Federal Savings and Loan Ass'n, No. 220012 (Cal. Super. Ct. Feb. 28, 1978).
U.S. District Court Judge Philip C. Wilkins granted Plaintiffs' requested declaratory relief and held that federal law pre-empted state law. On September 26, 1979, the Ninth Circuit affirmed Judge Wilkins's ruling, holding that the "broad regulatory authority over the federal associations conferred upon the Bank Board by HOLA does wholly pre-empt the field of regulatory control over these associations." Conf. of Fed. Sav. and Loan Ass'ns v. Stein, 604 F.2d 1256, 1260 (9th Cir. 1979). The United States Supreme Court affirmed without an opinion. Stein v. Conference of Federal Savings and Loan Associations, 445 U.S. 921 (1980).
Summary Authors
Andrew Nash (6/2/2008)
Hug, Procter Ralph Jr. (Nevada)
Fraser, G. Howden (California)
DeGoede, Arthur C. (California)
Deukmejian, George (California)
Greenberg, Jack (New York)
Hug, Procter Ralph Jr. (Nevada)
Merrill, Charles Merton (Nevada)
Port, Edmund (New York)
Last updated March 30, 2024, 3:11 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: Feb. 6, 1978
Closing Date: Sept. 26, 1979
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Several California-based federal savings and loans associations who feared that California state law was preempting the federal Home Owners' Loan Act by giving regulatory control to the state.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of the Business and Transportation Agency, State
Business and Transportation Agency of California, State
Case Details
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1978 - None