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115 Banking L.J. 900 (1998)
Disparate-Impact Analysis in the Mortgage Lending Context

handle is hein.journals/blj115 and id is 898 raw text is: DISPARATE-IMPACT ANALYSIS IN THE MORTGAGE LENDING CONTEXT STEPHEN M. DANE Lenders relying on written standards and criteria in making decisions as to whether to grant a residential mortgage loan application run the risk of exposure to liability under the civil rights law doctrine known as disparate-impact analysis. This article discusses the fundamentalpriniples of the doctrine, identifies rpecific residential mortgage lending practices and policies that are particularly susceptible to the doctrine, and suggests ways that lending institutions can minimiZe their exposure to disparate-impact claims. Alleged illegal discrimination by residential home mortgage lenders is once again a hot topic for Congress, the federal regulatory agencies, and the media. Statistical and academic studies analyzing mortgage lending data receive wide publicity in the press. Congressional committees conduct hearings on the subject yearly. Federal financial regulatory agencies have restructured their examination criteria and procedures to focus more on equal-access issues. The issue is spilling over into the courts. High-pro- file lawsuits filed by the U.S. Department of Justice, as well as lawsuits initi- ated by private litigants, are putting the mortgage lending decisionmaking process under the scrutiny of juries composed of average citizens. Civil rights litigation against employers, municipalities, educational insti- tutions, housing providers, and other industries has been a constant in the courts for decades, but so far lenders have been able to avoid the substan- tial costs and expenses associated with litigation in this area. The near future, Mr. Dane is a shareholder in the law firm of Cooper, Walinski and Cramer, LPA, Toledo, Ohio 900

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