ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Legal

Federal Court Rules NYC’s Responsible Banking Act Preempted by NBA

August 7, 2015
Reading Time: 2 mins read

Case: New York Bankers Association v. City of New York

Issue: Whether New York City’s Responsible Banking Act violates the preemption doctrine of the National Bank Act.

Case Summary: A New York district court ruled that New York City’s Responsible Banking Act (RBA or the ordinance) is preempted by the National Bank Act (NBA).
The RBA was enacted in 2012 and established an eight member Community Investment Advisory Board (CIAB) to provide a written assessment of the “credit, financial and banking services needs through NYC with a particular emphasis on low and moderate income individuals and communities.” The CIAB was tasked with collecting information at the “census tract level” to evaluate each deposit bank’s efforts to address to needs of each area. The CIAB published this information in its annual report to identify any deposit bank that failed to provide the required information.

The New York Bankers Association (NYBA) brought the suit challenging the ordinance for its improper regulations on national banks in violation of the preemption doctrine of the NBA.

The New York district court ruled that the ordinance was preempted by the NBA. First, the court found that the ordinance impermissibly regulated core banking activities by coercing banks to provide data and information to the CIAB under the threat of reputational injury and encouraging banks to modify loans or increase lending for low and moderate income individuals. Second, the court found that the ordinance improperly granted visitorial powers to the CIAB because the NBA grants exclusive visitorial power over national banks to the Office of the Comptroller of the Currency (OCC). Finally, the court held that the ordinance conflicted with the Community Reinvestment Act (CRA) because the ordinance was more burdensome than the CRA, and in the court’s view, the ordinance stood as an “obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”

Bottom Line: The district court’s ruling aligned with the arguments in the ABA’s amicus brief.

Tags: Fair lendingNational Bank ActReporting
ShareTweetPin

Author

Thomas Pinder

Thomas Pinder

Thomas Pinder is senior vice president and deputy general counsel at ABA.

Related Posts

Producer price index increased 1.3% in September

Economy
October 15, 2026

The Producer Price Index for final demand increased 1.3% in September, seasonally adjusted, according to the U.S. Bureau of Labor Statistics report. Final demand prices edged up 0.5% in August and 0.2% in July. The September increase is...

Fed report: Rising concerns about global conflict, gas prices

Retail sales excluding gas edge up for the month

Economy
October 15, 2026

This month's retail sales report highlights the continued resilience of consumers despite inflationary pressures weighing on purchasing power.

Robertson, Boyer receive Distinguished Service Awards for AML/CFT and fraud management

Robertson, Boyer receive Distinguished Service Awards for AML/CFT and fraud management

Compliance and Risk
October 14, 2026

ABA announced that Rebecca “Becky” Schauer Robertson at Blue Ridge Bank and Karen Boyer at M&T Bank have received the ABA Distinguished Service Awards for Anti-Money Laundering/Combating the Financing of Terrorism and Fraud Management, respectively.

OCC to merge community bank, large bank supervision departments

OCC releases report on alleged ‘debanking’ by large banks

Compliance and Risk
October 14, 2026

The OCC placed much of the blame on “inexact” reputational risk policies: “This practice infused the value judgments of stakeholders into banks’ business decisions."

District court vacates Labor Department position on rollover advice

Illinois to appeal interchange ruling

Legal
October 14, 2026

The Illinois Attorney General’s Office plans to appeal a court injunction preventing the state from enforcing the Illinois Fee Prohibition Act against certain financial institutions, according to a court filing.

NFIB: Inflation top concern for many small businesses

ABA DataBank: CPI inflation accelerated in September

Economy
October 14, 2026

The ABA Office of the Chief Economist believes that the hot CPI reading in September shows no alleviation of the affordability pressures households face. This could be a headwind for loan demand, particularly for interest rate sensitive products such as...

NEWSBYTES

Producer price index increased 1.3% in September

October 15, 2026

Retail sales excluding gas edge up for the month

October 15, 2026

Robertson, Boyer receive Distinguished Service Awards for AML/CFT and fraud management

October 14, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

Podcast: Creating seamless customer experiences

September 30, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.