Case: United States v. Bank United

1:99-cv-00526 | U.S. District Court for the Western District of New York

Filed Date: July 28, 1999

Closed Date: 2002

Clearinghouse coding complete

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 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 appl…

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.

Summary Authors

Zhandos Kuderin (11/20/2014)

People


Judge(s)

Skretny, William M. (New York)

Attorneys(s) for Plaintiff

Fleming, Mary Pat (New York)

Halperin, Eric I. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Magagna, Joan A. (District of Columbia)

O'Donnell, Denise E. (New York)

Reno, Janet (District of Columbia)

Thabault, Isabelle M (District of Columbia)

Attorneys(s) for Defendant

Davies, R. Scott (Minnesota)

Judge(s)

Skretny, William M. (New York)

Attorneys(s) for Plaintiff

Fleming, Mary Pat (New York)

Halperin, Eric I. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Magagna, Joan A. (District of Columbia)

O'Donnell, Denise E. (New York)

Reno, Janet (District of Columbia)

Thabault, Isabelle M (District of Columbia)

Attorneys(s) for Defendant

Davies, R. Scott (Minnesota)

Documents in the Clearinghouse

Document

1:99-cv-00526

Docket

USA v. Bank United

Aug. 5, 1999

Aug. 5, 1999

Docket
1

1:99-cv-00526

Complaint

United States of America v. Bank United

July 28, 1999

July 28, 1999

Complaint
2

1:91-cv-00526

Consent Decree Between the United States and Bank United

United States of America v. Bank United

Aug. 5, 1999

Aug. 5, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (mj) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

No summons issued (pursuant to note from intake counter) (mj) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

2

CONSENT DECREE ( by USDJ William M. Skretny ) Notice and copy to R. Scott Davies, Eric I. Halperin, Isabelle M. Thabault, Bill Lann Lee, Joan A. Magagna, Mary Pat Fleming (JMD) (Entered: 08/05/1999)

Aug. 5, 1999

Aug. 5, 1999

Case closed (JMD) (Entered: 08/05/1999)

Aug. 5, 1999

Aug. 5, 1999

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 28, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of physically disabled individuals as defined by the Fair Housing Act.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth United Mortgage , Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $25,000

Order Duration: 1999 - 2002

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Confidentiality

Housing

Predatory lending

Discrimination-area:

Housing Sales/Rental

Lending

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified