The Fair Housing Act, considered under threat by the Trump Administration and the Republican majority in Congress, still has power, but cities have long road ahead to prove bans liable for harms caused by predatory and discriminatory lending.
"The U.S. Supreme Court ruled Monday that the city of Miami can sue the nation’s largest financial institutions over allegations that predatory lending practices in minority communities violated the Fair Housing Act and contributed to a real estate meltdown that nearly bankrupted the city," report Lance Dixon and David Smiley.
In effect, the ruling protects the right of the city to sure the banks, but Dixon and Smiley describe the court victory as partial: "the justices also vacated the portion of the 11th Circuit’s ruling that found the city had sufficiently argued that the banks’ activities can be directly blamed for the city’s financial problems on the basis that the fallout should have been foreseeable. They directed the court to reassess that issue, with the three dissenting justices remaining highly skeptical that the city can prove its case."
That being said, the ruling opens the door for cities all over the country to sue banks for discriminatory and predatory lending. Similar lawsuits are pending in Los Angeles, Cook County in Illinois, Oakland, and Miami Gardens.
There's another takeaway from the court ruling, as expressed in a follow-up article by Oscar Perry Abello: "The Fair Housing Act (FHA) lives, for now." Perry Abello quotes from a statement released by the American Civil Liberties Union following the Supreme Court decision, with this soundbite from Dennis Parker, director of the ACLU’s Racial Justice Program: "With this decision, the Supreme Court has acknowledged the crucial role of municipal governments in protecting residents’ rights. In housing and lending as in other areas, cities can and should serve as a bulwark against discrimination."
Read the full story: Miami can sue big banks for predatory lending, Supreme Court rules
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
California plans to bury El Niño’s downpour
If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.
Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River
Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.
US buildings threatened, destroyed by fires set to triple by 2060
Researchers found a high fire risk for socioeconomically vulnerable neighborhoods in the American West.
LA residents may be allowed to paint their own crosswalks
Councilwoman Katy Yaroslavsky put out a motion instructing the Los Angeles Department of Public Transportation to study the feasibility of allowing volunteers to paint crosswalks.
Dallas moves to overhaul its zoning code
The city's zoning reform will allow more multi-family and mixed-use developments.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
City of Rosemead
Rutgers University, Edward J. Bloustein School of Planning and Public Policy
One Hundred Miles
Hunter College, City University of New York (CUNY)
The Architects Foundation
University of Cincinnati Online
City of Cambridge
Montrose County
The Pocatello Development Authority