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1
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CONSENT DECREE
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EXTRACTED KEY WORDS
CONSENT DECREE UNITED STATES APPLICANTS LENDER ACT CREDIT HOUSING HOME MORTGAGE FAIR HOUSING BASIS COMMUNITY REINVESTMENT ACT LOAN ASSOCIATION CIVIL RIGHTS EQUAL CREDIT OPPORTUNITY DISCRIMINATION UNDERWRITING ADVERTISING DECATUR FEDERAL SAVINGS BLACK NEIGHBORHOODS PREDOMINANTLY BLACK PREDOMINANTLY BLACK AREAS REAL ESTATE COMPLIANCE MORTGAGE LENDING ACCOUNT EXECUTIVES APPLICATIONS CONSENT DECREE PERIOD PROVISIONS UNITED STATES DISTRICT |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 1 92-CV-2198-CAM
DECATUR FEDERAL SAVINGS AND
LOAN ASSOCIATION,
Defendant.
_________________________________
CONSENT DECREE
The United States files this Consent Decree simultaneously with its
Complaint against Defendant Decatur Federal Savings and Loan
Association ("Decatur Federal" or "the lender") alleging violations
of the Fair Housing Act (Title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988), 42
U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15
U.S.C. §§ 1691-1691f. The Complaint alleges that Decatur Federal
has engaged in policies and practices that discriminated against
potential and actual mortgage loan applicants on the basis of race.
Decatur Federal categorically denies all of the allegations in the
Complaint and is prepared to show that it has never discriminated
on the basis of race and has had in place programs designed to
serve all segments of the community, regardless of race.
More specifically, the United States alleges that Decatur Federal
has for many years engaged in lending practices that discriminate
on the basis of race by conducting its home mortgage loan marketing
in a manner that excludes potential black borrowers; by originally
defining its customer service area under the Community Reinvestment
Act ("CRA") in 1979 so as to exclude most black residents of South
Fulton County; by opening virtually all of its branch offices in
neighborhoods that were predominantly white at the time and closing
branches in neighborhoods that were or became predominantly black;
by advertising primarily to potential white customers; by focusing
its solicitation efforts in white neighborhoods; by avoiding
origination of loan products with particular appeal to black
borrowers, such as Federal Housing Administration ("FHA") and
Veterans Administration ("VA") loans; and by employing few blacks
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2
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COMPLAINT
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EXTRACTED KEY WORDS
MORTGAGE LOANS APPLICANTS ACT ATLANTA DEFENDANT HOME MORTGAGE FAIR HOUSING CREDIT ATLANTA REGION ORIGINATIONS CIVIL RIGHTS RESIDENTS PRACTICES TRACTS POLICIES UNITED STATES REAL ESTATE NEIGHBORHOODS DISCRIMINATORY CENSUS APPRAISERS GEORGIA LENDING COMMUNITY EQUAL CREDIT OPPORTUNITY PURSUANT CREDIT NEEDS RACE REJECTION |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 1 92-CV-2198-CAM
DECATUR FEDERAL SAVINGS AND
LOAN ASSOCIATION,
Defendant.
_________________________________
COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce the
provisions of Title VIII of the Civil Rights Act of 1968 (the Fair
Housing Act), as amended by the Fair Housing Amendments Act of
1988, 42 U.S.C. §§3601-3619, and the Equal Credit Opportunity Act,
15 U.S.C. §§1691-1691f.
2. This Court has jurisdiction of this action pursuant to 28 U.S.C.
§1345, 42 U.S.C. §3614, and 15 U.S.C. §1691(h).
3. Defendant, Decatur Federal Savings and Loan Association
(hereinafter "Decatur Federal" or "the Association"), is a
federally chartered savings and loan association doing business in
the State of Georgia, and is a subsidiary of DFSoutheastern
Incorporated. Its headquarters office is located in Decatur,
Georgia. Its business includes engaging in residential real
estate-related transactions and regularly extending credit to
persons.
4. As of December 31, 1991, Decatur Federal had $2.03 billion in
deposits, assets of $2.56 billion, a net worth of $124 million,
and 39 branch offices (including five regional loan offices) in
nine counties in the state of Georgia. All but four of those
branch offices are located in the 18-county Atlanta Metropolitan
Statistical Area (MSA), as defined by the 1990 Census.
5. Decatur Federal is one of the largest originators of home
mortgages in the Atlanta area. According to data submitted by the
Association pursuant to the Home Mortgage Disclosure Act, in 1990
Decatur Federal originated in the Atlanta MSA 1,738 home mortgage
loans (purchase or refinance) totaling more than $170 million. As
used in this complaint, "home mortgage loan" refers to
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