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 Compliance and Risk

ABA report: Justice Department’s redlining enforcement likely unconstitutional

May 28, 2025
Reading Time: 2 mins read
Seventh Circuit revives CFPB’s lender redlining lawsuit

In recent years, the Department of Justice has targeted banks for alleged racial redlining for conduct that does not constitute redlining, raising serious legal and constitutional questions, according to a new report authored by a civil rights legal expert for the American Bankers Association.

The report by Paul Hancock, senior of counsel at the law firm K&L Gates, examined the DOJ’s approach to redlining, which is prohibited by the Fair Housing Act and Equal Credit Opportunity Act. ABA’s bank members abhor redlining and strive to offer home loans without regard to race, national origin and other factors, but the DOJ has drifted away from its earlier cases, which involved evidence of intent to avoid lending in minority neighborhoods, to rely largely on statistics to bring redlining claims, the report concluded. The Consumer Financial Protection Bureau and banking agencies have also adopted that approach in their examinations.

“[T]he DOJ has targeted banks for failing to ‘provide equal access’ to home loans in minority areas, relying on a statistical analysis called the ‘proportional distribution test,’” Hancock wrote. “That test involves comparing a lender’s proportion of loans in minority census tracts to its loans in nonminority census tracts and then comparing that proportion to the average proportion for all lenders in those census tracts.”

The reliance on statistical analyses is “a stark demand for a racial balance in lending,” which the U.S. Supreme Court has struck down as unconstitutional, Hancock wrote. It also improperly targets lenders who are doing a good job serving minority areas, given the results of the test are driven as much by loan volume in minority areas as they are by loan volume in nonminority areas.

“Recalibration of redlining enforcement is sorely needed,” Hancock wrote. The report called on the DOJ to work collaboratively with ABA and other mortgage industry representatives to devise a reasoned approach for claims of redlining that reflects the modern-day lending industry and captures intentional discrimination. It also called on Congress to clarify that redlining is a form of intentional discrimination and to direct the DOJ, CFPB and banking agencies to update their examination procedures and guidance to reflect that fact.

ABA President and CEO Rob Nichols shared the new report with U.S. Attorney General Pam Bondi, OCC Acting Comptroller Rodney Hood, Federal Reserve Chairman Jerome Powell, Acting FDIC Chairman Travis Hill, Acting CFPB Director Russell Vought and HUD Secretary Scott Turner.

Tags: ABA newsCFPBFair lendingRedlining
ShareTweetPin

Related Posts

Fed, FDIC withdraw statements on managing risks for crypto

ABA questions OCC approval of trust charters for crypto companies

Compliance and Risk
December 12, 2025

ABA President and CEO Rob Nichols said the OCC's approvals raise important questions about the scope and oversight of the institutions.

ABA DataBank: Long-term rates remain higher than when Fed cuts began

ABA DataBank: Long-term rates remain higher than when Fed cuts began

Economy
December 12, 2025

Ten-year treasury yields are still higher than when the Fed began its most recent rate cut cycle last year.

Senate Banking Committee unveils bill to accelerate housing construction

House Financial Services Committee releases housing package

Mortgage
December 12, 2025

The House Financial Services Committee released bipartisan legislation designed to streamline housing development and increase local flexibility.

ABA unveils key policy priorities for 2025

House passes ABA-backed legislation

Compliance and Risk
December 12, 2025

The House approved a capital formation package that included provisions from bills supported by ABA.

Treasury Department launches cybersecurity initiative for financial services

CISA releases updated cybersecurity goals for private sector, critical infrastructure

Compliance and Risk
December 12, 2025

CISA released version 2.0 of its list of voluntary practices that businesses and critical infrastructure can incorporate to bolster their cybersecurity.

Trump orders creation of AI ‘action plan’

Trump issues executive orders to challenge state AI laws, rein in proxy advisors

Cybersecurity
December 11, 2025

President Trump signed two executive orders creating a task force to challenge state laws on artificial intelligence and directing federal agencies to end “the outsized influence of proxy advisors that prioritize radical political agendas over investor returns.”

NEWSBYTES

ABA questions OCC approval of trust charters for crypto companies

December 12, 2025

ABA DataBank: Long-term rates remain higher than when Fed cuts began

December 12, 2025

House Financial Services Committee releases housing package

December 12, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The 2026 outlook for bank M&A

December 11, 2025

Podcast: The outlook for tech-forward community banking

December 4, 2025

Podcast: The Erie Canal at 200

November 6, 2025

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

© 2025 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

© 2025 American Bankers Association. All rights reserved.