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46 Suffolk U. L. Rev. 935 (2013)
Discriminatory Effects of Credit Scoring on Communities of Color

handle is hein.journals/sufflr46 and id is 977 raw text is: Discriminatory Effects of Credit Scoring
on Communities of Color
Lisa Rice* & Deidre Swesnik**
TABLE OF CONTENTS
I. INTRODUCTION...............................             .............. 936
II. THE NATION'S DUAL CREDIT MARKET ROOTED IN DISCRIMINATION.......940
A. Overt Historical Discrimination .....................940
B. Subprime Lending and Its Long-Term Discriminatory Effects.....943
C. The Proliferation of Fringe Lenders in Communities of Color......947
III. CREDIT SCORING HAS A DISCRIMINATORY IMPACT AND IS NOT THE
BEST MEASURE OF RISK     .....................       ........949
A. Limited Scope, Quality, and Transparency of Credit
Information        .............................   ......950
B. Disparate Impact of Credit-Scoring Factors ........................952
1. Payment History: 35% of FICO Score......................953
2. Amounts Owed: 30% of FICO Score .......   ................954
3. Length of Credit History: 15% of FICO Score......................955
4. New Credit: 10% of FICO Score............       ......956
5. Types of Credit Used: 10% of FICO Score ......   ......957
C. Existing Credit-Scoring Systems Do Not Adequately Predict
Risk.......................................957
D. Risky Loan Products and Unsafe Lending Environments-Not
Borrowers-Were Clearly the Culprit.......................960
IV. WHY THE FEDERAL GOVERNMENT AND LENDERS HAVE AN
OBLIGATION TO CHANGE THE SYSTEM....................961
V. POLICY AND ENFORCEMENT SOLUTIONS TO IMPROVE CREDIT-SCORING
SYSTEMS........................................962
A. Broaden the Scope of Financial Data Utilized by Underwriting
and Credit Scoring Models . .........................963
* Vice President, National Fair Housing Alliance.
** Director of Public Policy and Communications, National Fair Housing Alliance. About the National Fair
Housing Alliance (NFHA): Founded in 1988 and headquartered in Washington, DC, NFHA is a consortium of
more than 220 private, nonprofit fair housing organizations, state and local civil rights agencies, and
individuals from throughout the United States. Through comprehensive education, advocacy, and enforcement
programs, NFHA protects and promotes equal access to apartments, houses, mortgage loans, and insurance
policies for all residents of the nation.

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