Case: Laufman v. Oakley Building & Loan Company

1:74-00153 | U.S. District Court for the Southern District of Ohio

Filed Date: April 29, 1974

Closed Date: 1976

Clearinghouse coding complete

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 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 fi…

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.

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Porter, David Stewart (Ohio)

Attorneys(s) for Plaintiff

Colegrove, Donald F. (Ohio)

Kaminsky, Jerry F. (Ohio)

Laufman, Robert Franklin (Ohio)

Mulkeen, Jay (District of Columbia)

Schwelb, Frank E. (District of Columbia)

Searing, Daniel A. (District of Columbia)

Sloane, Martin (District of Columbia)

Attorneys(s) for Defendant

Ginocchio, Louis A. (Ohio)

Lowe, Warren R. (Ohio)

Judge(s)

Porter, David Stewart (Ohio)

Attorneys(s) for Plaintiff

Colegrove, Donald F. (Ohio)

Kaminsky, Jerry F. (Ohio)

Laufman, Robert Franklin (Ohio)

Mulkeen, Jay (District of Columbia)

Schwelb, Frank E. (District of Columbia)

Searing, Daniel A. (District of Columbia)

Sloane, Martin (District of Columbia)

Attorneys(s) for Defendant

Ginocchio, Louis A. (Ohio)

Lowe, Warren R. (Ohio)

Other Attorney(s)

Allen, Charles E. (Ohio)

Ash, Matthew G. (District of Columbia)

Dennis, Warren L. (District of Columbia)

Goldberg, Daniel J. (District of Columbia)

McGraw, Paul E. (District of Columbia)

Milligan, William W. (District of Columbia)

Shore, Harold B. (District of Columbia)

Documents in the Clearinghouse

Document

Complaint

April 29, 1974 Complaint

Motion for Summary Judgment in Favor of Defendants

May 2, 1975 Pleading / Motion / Brief

Brief of United States as Amicus Curiae

June 16, 1975 Pleading / Motion / Brief

Brief of the Federal Home Loan Bank Board, Amicus Curiae

June 18, 1975 Pleading / Motion / Brief

Defendants' Brief in Reply to Plaintiffs' and Amicus Curiae's Memoranda Contra Defendants' Motion for Summary Judgment

July 21, 1975 Pleading / Motion / Brief

Plaintiffs' Memorandum in Response to Defendants' Reply Brief

Aug. 1, 1975 Pleading / Motion / Brief

Order [Granting U.S. Leave to File Amicus Brief]

404 F.Supp. 791

Sept. 8, 1975 Order/Opinion

Opinion [Denying Motion for S/J]

408 F.Supp. 489

Feb. 13, 1976 Order/Opinion

"The Law Closes in on Mortgage Discrimination"

No Court

March 22, 1976 Press Release

Opinion and Order [Granting Plaintiff's Motion to Compel]

72 F.R.D. 116

Sept. 8, 1976 Order/Opinion

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/abstract=1309365

Dream Deregulated: The Politics of U.S. Housing Finance, 1968-1985

Robert Bruce Henderson

This study bridges scholarship on fair housing and community reinvestment with that on the deregulation of housing finance, and contributes to a deeper understanding of the politics of opportunity in… Jan. 1, 2013 https://drum.lib.umd.edu/bitstream/handle/1903/14090/Henderson_umd_0117E_14183.pdf?sequence=1&isAllowed=y

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Ohio

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: April 29, 1974

Closing Date: 1976

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All property owners/prospective purchasers of homes in racially integrated or predominantly black neighborhoods in Hamilton County, OH.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oakley Building & Loan Company, Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Availably Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1976 - None

Issues

General:

Racial segregation

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black

White