`
`
`MERRICK B. GARLAND
`Attorney General
`KRISTEN CLARKE
`Assistant Attorney General
`SAMEENA SHINA MAJEED
`Chief, Housing and Civil Enforcement Section
`JON M. SEWARD
`Principal Deputy Chief, Housing and Civil Enforcement Section
`CARRIE PAGNUCCO
`Deputy Chief, Housing and Civil Enforcement Section
`SARA L. NILES (MA Bar No. 634257)
`KINARA A. FLAGG (NY Bar No. 5092143)
`Trial Attorneys
`U.S. Department of Justice, Civil Rights Division
`950 Pennsylvania Ave. NW – 4CON
`Washington, D.C. 20530
`Telephone: (202) 514-4713, Facsimile: (202) 514-1116
`Email: Sara.Niles@usdoj.gov
`
`E. MARTIN ESTRADA
`United States Attorney
`DAVID M. HARRIS
`Chief, Civil Division
`RICHARD M. PARK (CA State Bar No. 236173)
`Chief, Civil Rights Section, Civil Division
`KATHERINE M. HIKIDA (CA State Bar No. 153268)
`Assistant United States Attorneys
`Federal Building, Suite 7516
`300 North Los Angeles Street
`Los Angeles, California 90012
`Telephone: (213) 894-2285, Facsimile: (213) 894-7819
`E-mail: Katherine.Hikida@usdoj.gov
`Attorneys for Plaintiff United States of America
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`Case 2:23-cv-00204-DMG-RAO Document 1 Filed 01/12/23 Page 2 of 16 Page ID #:2
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`UNITED STATES DISTRICT COURT
`
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`WESTERN DIVISION
`
` Case No. 2:23-00204
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`COMPLAINT AND
`v.
`DEMAND FOR JURY TRIAL
`
`CITY NATIONAL BANK,
`
`Defendant.
`Hon.
`United States District Judge
`
`COMPLAINT
`Plaintiff, the United States of America (“United States”), alleges as follows:
`I.
`INTRODUCTION
`1.
`The United States brings this action against City National Bank (“City
`National” or the “Bank”) under the Fair Housing Act (“FHA”), 42 U.S.C. §§3601-3619,
`and the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. §§ 1691-16911f.
`2.
`The FHA and ECOA prohibit creditors, such as banks, from discriminating
`in home loans or other residential credit transactions on the basis of race, color, national
`origin, and other characteristics.
`3.
`“Redlining” is one type of discrimination prohibited under the FHA and
`ECOA and ECOA’s implementing regulation, known as “Regulation B,” 24 C.F.C. pt.
`100, 12 C.F.R. pt. 1002. Redlining occurs when lenders deny or discourage applications
`or avoid providing loans and other credit services in neighborhoods based on the race,
`color, or national origin of the residents of those neighborhoods.
`4.
`From 2017 through at least 2020 (the “Relevant Time Period”), City National
`Bank engaged in a pattern or practice of unlawful redlining. As alleged in detail herein,
`City National avoided providing home loans and other mortgage services in majority-
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`Black and Hispanic neighborhoods in the Los Angeles Metropolitan Division (“Los
`Angeles MD” or “Los Angeles County”).1
`5.
`City National maintained only three of its 37 branches in majority-Black and
`Hispanic neighborhoods during the Relevant Time Period, despite the fact that well over
`50 percent of census tracts in Los Angeles County are majority-Black and Hispanic. The
`Bank relied on unmonitored “relationship managers” to generate applications largely from
`its existing customers, who are disproportionately white, instead of marketing or
`advertising its loan products and services in majority-Black and Hispanic areas. City
`National also failed to train or incentivize its lending staff to compensate for its lack of
`branches, and failed to provide adequate staff resources to serve the mortgage lending
`needs of residents in majority-Black and Hispanic neighborhoods.
`6.
`Further, during the Relevant Time Period, the Bank’s internal fair-lending
`oversight, policies, and procedures were inadequate to ensure that the Bank provided equal
`access to credit to residents of majority-Black and Hispanic neighborhoods. Moreover,
`City National failed to act on internal reports indicating fair lending and redlining risk.
`Despite its capacity to hold affordable loan products in its portfolio, City National did not
`develop or offer any affordable loan products.
`7.
`As a result of the above-described conduct and practices, the Bank generated
`disproportionately low numbers of loan applications and home loans during the Relevant
`Time Period from majority-Black and Hispanic neighborhoods in the Los Angeles MD
`compared to similarly-situated lenders.
`8.
`City National Bank’s conduct and practices were intended to deny, and had
`the effect of denying, residents of majority-Black and Hispanic neighborhoods equal
`
`
`1 The complaint uses “majority-Black and Hispanic census tract,” “majority-Black
`and Hispanic area,” and “majority-Black and Hispanic neighborhood” interchangeably to
`mean a census tract where more than 50 percent of the residents are identified as either
`“Black or African American” or “Hispanic or Latino” by the United States Census
`Bureau.
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`access to home loans and otherwise discouraged these residents from applying for home
`loans. The Bank’s conduct was not justified by a business necessity and was not necessary
`to achieve a substantial, legitimate, non-discriminatory interest.
`II.
`JURISDICTION AND VENUE
`9.
`This Court has subject-matter jurisdiction over this action under 28 U.S.C.
`§ 1331, 28 U.S.C. § 1345, 42 U.S.C. § 3614(a), and 15 U.S.C.§ 1691e(h) because the
`action arises under the laws of the United States, and the United States brings this case as
`a plaintiff.
`10. Venue is proper in this Court under 28 U.S.C. § 1391 and in this division
`because a substantial part of the events or omissions giving rise to the claims occurred in
`this District and division.
`
`III. PARTIES
`11. Plaintiff United States brings this action to enforce the provisions of the FHA
`and ECOA. The FHA and ECOA authorize the Attorney General to bring a civil action in
`federal district court whenever he has reason to believe that an entity is engaged in a
`pattern or practice of resistance to the full enjoyment of rights secured by the FHA and
`ECOA. 42 U.S.C. § 3614(a); 15 U.S.C. § 1691e(h). The FHA further authorizes the
`Attorney General to bring suit where the defendant has denied rights to a group of persons
`and that denial raises an issue of general public importance. 42 U.S.C. § 3614(a).
`12. Defendant City National Bank is a national bank headquartered in Los
`Angeles, California that offers commercial, consumer, mortgage, and wealth management
`banking services. As of April 30, 2022, the Bank had total assets of $90.9 billion and
`operated 79 branches in California, Delaware, Florida, Georgia, Massachusetts,
`Minnesota, Nevada, New York, Tennessee, Virginia, and the District of Columbia. Los
`Angeles County is, by far, City National’s largest market where it maintains 80 percent of
`its deposits and presently operates 33 of its branches. City National is the largest bank
`headquartered in the Los Angeles MD. City National is a wholly-owned subsidiary of
`RBC USA Holdco Corp. (“RBC”).
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`13. City National is subject to the regulatory authority of the Office of the
`Comptroller of the Currency (“OCC”). Because its assets exceed $10 billion, City National
`is also regulated by the Consumer Financial Protection Bureau.
`14. City National is subject to the FHA, ECOA, and their respective
`implementing regulations, 24 C.F.R. pt. 100 and 12 C.F.R. pt. 1002.
`15. City National is a “creditor” within the meaning of ECOA, 15 U.S.C.
`§ 1691a(e), and is engaged in “residential real estate-related transactions” under the FHA,
`42 U.S.C. § 3605.
`
`A.
`
`IV. FACTUAL ALLEGATIONS
`The Los Angeles MD and City National’s Assessment Area
`16. During the Relevant Time Period, the Los Angeles MD encompassed all of
`Los Angeles County, which is the most populous county in the United States.
`17. The Los Angeles MD has over 10 million residents. According to 2015 data
`from the United States Census Bureau, the region’s residents are 27 percent non-Hispanic
`white (“white”), 48 percent Hispanic or Latino, eight percent Black, and 14 percent Asian.
`The Los Angeles MD has 2,346 census tracts of which 1,294, or approximately 55 percent,
`are majority-Black and Hispanic.
`18. As a depository bank, City National is subject to the requirements of the
`Community Reinvestment Act (“CRA”), 12 U.S.C. §§ 2901-2908, and its enabling
`regulations, which require most banks to meet the credit needs of the communities that
`they serve. Each bank subject to the CRA self-identifies the communities that it serves in
`the bank’s “assessment areas.” Federal regulators look at a bank’s assessment area in
`evaluating whether an institution is meeting the credit needs of its entire community. As
`of 2016, the Los Angeles MD was City National’s largest assessment area.
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`B. City National’s Los Angeles MD Branches Do Not Meet the Needs of
`
`Majority-Black and Hispanic Neighborhoods
`19. During the Relevant Time Period, City National operated 37 branches in the
`Los Angeles MD. As of April 2022, 33 of these branches remain open and operational.
`See Exhibit A.
`20. Although 55 percent of the census tracts in the Los Angeles MD are majority-
`Black and Hispanic, throughout the Relevant Time Period, the Bank maintained only three
`branches in majority-Black and Hispanic areas.
`21. Of the 11 branches that City National opened or acquired in the Los Angeles
`MD in the last 20 years, only one branch, the Crenshaw branch, is located in a majority-
`Black and Hispanic neighborhood.
`22. Each City National branch offers traditional banking services, including
`deposits and check cashing. Most branches are staffed with at least two or three, but up to
`as many as ten, relationship managers who report to the branch manager and are assigned
`to service the Bank’s clients who are associated with that branch.
`23. Unlike the Bank’s other branches, the Crenshaw branch is staffed by just one
`relationship manager. Neither that relationship manager, nor anyone else at this branch, is
`charged with increasing mortgage lending in the surrounding community.
`24. City National knew its branches were not serving the credit needs of majority-
`Black and Hispanic communities by generating mortgage applications or originating
`mortgage loans, but did not take steps to address this failure.
`C. City National’s Marketing Is Focused on its Existing Customer Base
`25. Until late 2016, City National described itself as a commercial bank that
`made mortgage loans as an accommodation to its commercial, high net worth, and
`entertainment clients. City National offered residential mortgage loan products only as a
`way to “grow its client relationships” with its existing customers. Until late 2016, City
`National’s prudential regulator, the OCC, considered City National to be an
`“accommodation lender,” meaning that the Bank generally made mortgages available only
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`as an “accommodation” to its existing client base, and offered mortgage loans “ancillary
`to a larger commercial relationship.” Because of this, when evaluating the Bank’s overall
`lending performance under the CRA, the OCC did not factor in City National’s mortgage
`lending practices.
`26. After its acquisition by RBC in 2015, City National sought to expand its
`mortgage lending to prospective clients. In early 2017, the Bank relinquished its
`“accommodation lender” status and began expansion toward a 50-state mortgage platform
`to gain market share in residential mortgages and establish the Bank as a mortgage lender.
`27. Since early 2017, in accordance with its plans to grow its residential lending,
`the Bank significantly increased its residential mortgage lending, largely in majority-white
`census tracts. The Bank did not engage in marketing intended to increase residential
`mortgage lending in majority-Black and Hispanic census tracts.
`28. City National’s operations, including its marketing practices, remain largely
`unchanged since the Bank relinquished its “accommodation” status. City National has
`continued to focus on marketing to its existing client base rather than take steps to reach
`majority-Black and Hispanic tracts or borrowers.
`29. During the Relevant Time Period, City National relied on unmonitored
`“relationship managers’ to generate mortgage loan applications instead of marketing or
`advertising its loan products and services in majority-Black and Hispanic areas. City
`National neither directed nor trained its relationship managers to expand the Bank’s
`residential mortgage marketing to reach the underserved majority-Black and Hispanic
`neighborhoods within its assessment areas.
`30. During the Relevant Time Period, City National took no steps to market,
`conduct outreach, or otherwise encourage mortgage loan applications from majority-Black
`and Hispanic areas.
`D. City National Offers No Affordable Loan Products
`31. The median income in majority-Black and Hispanic portions of the Los
`Angeles market is less than half of the median income in majority-white census tracts.
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`32. City National does not offer, and has never offered, any affordable loan
`products, despite its substantial capital and capacity to originate and hold loans on its
`books. This ability to hold loans in its portfolio would allow City National to offer a non-
`conforming affordable loan product that could be desirable in majority-Black and Hispanic
`neighborhoods.
`33.
`Instead, City National offers and funds only those mortgage loan products
`specifically designed to service its target market of “high net-worth” individuals.
`34. City National represented to its regulator that it intended to develop and offer
`an affordable mortgage loan product in 2019. To date, the Bank still offers no affordable
`mortgage loan product.
`E. City National Receives Disproportionately Low Numbers of Home Loan
`
`Applications from Majority-Black and Hispanic Neighborhoods in the Los
`
`Angeles MD
`
`35. City National’s policies and practices alleged herein have discouraged
`applicants in majority-Black and Hispanic neighborhoods in the Los Angeles MD from
`applying for and obtaining home loans and other mortgage-related services.
`
`36. City National’s own data on loan applications and originations that it is
`required to report to regulators under the Home Mortgage Disclosure Act of 1975
`(“HMDA”), 12 U.S.C. §§ 2801-2811, confirms that City National has avoided serving
`majority-Black and Hispanic neighborhoods in the Los Angeles MD. See Exhibit B.
`
`37. Between 2017 and 2020, City National significantly underperformed its “peer
`lenders” in generating home mortgage loan applications from majority-Black and
`Hispanic areas in the Los Angeles MD. “Peer lenders” are similarly-situated financial
`institutions that received between 50 percent and 200 percent of the Bank’s annual volume
`of home mortgage loan applications.
`
`38. The disparity between the rate of applications generated by City National and
`the rate generated by its peer lenders from majority-Black and Hispanic areas is both
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`statistically significant – meaning unlikely to be caused by chance – and sizable across the
`time period of 2017 to 2020.
`
`39. City National received 8,593 HMDA-reportable mortgage loan applications
`within the Los Angeles MD from 2017 through 2020. Of those applications, eight percent
`came from residents of majority-Black and Hispanic census tracts. By contrast, during the
`same time period, City National’s peers generated 46 percent of their applications from
`majority-Black and Hispanic census tracts.
`
`40.
`In other words, City National’s peers generated close to six times the number
`of mortgage loan applications from residents of majority-Black and Hispanic census tracts
`than did City National. These disparities are statistically significant – meaning, unlikely
`to have been produced by chance – across the Relevant Time Period and in every year
`analyzed.
`
`41. For example, in 2019, nine percent of City National’s mortgage loan
`applications came from residents of majority-Black in Hispanic tracts, while City
`National’s peers generated 47 percent of their applications from such tracts. Similarly, in
`2020, while City National generated seven percent of its applications from majority-Black
`and Hispanic tracts, its peers generated 41 percent of their loans from these neighborhoods.
`
`42.
`In other words, in 2019 and 2020, City National’s peers generated between
`five and six times the number of mortgage loan applications from residents of majority-
`Black and Hispanic neighborhoods than did City National.
`
`43. The statistically significant disparities between applications City National
`generated from majority-Black and Hispanic neighborhoods and those that its peers
`generated show that there were residents in majority-Black and Hispanic areas in the Los
`Angeles MD who were seeking and applying for home loans. City National had no
`legitimate, non-discriminatory reason to draw so few applications from these areas.
`
`44. These figures show a statistically significant failure by City National, relative
`to its peer lenders, to draw applications for home loans and provide residential mortgage
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`services to residents of majority-Black and Hispanic census tracts in the Los Angeles MD
`on a non-discriminatory basis from 2017 through 2020.
`F.
`City National Made Disproportionately Low Number of Mortgage Loans in
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`Majority-Black and Hispanic Neighborhoods of the Los Angeles MD
`
`45. City National’s lending practices have discouraged prospective applicants in
`majority-Black and Hispanic neighborhoods from seeking home loans. As a result, the
`Bank made a smaller percentage of HMDA-reportable residential mortgage loans in these
`neighborhoods compared to its peers from 2017 through 2020. See Exhibit C.
`
`46. City National made 6,182 residential mortgage loans in the Los Angeles MD
`from 2017 to 2020. Of those loans, seven percent were made to residents of majority-
`Black and Hispanic census tracts. By contrast, City National’s peers made 44 percent of
`their residential mortgage loans to residents of majority-Black and Hispanic census tracts.
`In other words, these peer banks more than six times as many home mortgage loans in
`majority-Black and Hispanic census tracts than did City National.
`
`47. When the disparities were calculated for individual years, including 2019 and
`2020, City National’s peers made loans at a rate between six and seven times the rate of
`City National. The disparities are statistically significant across the Relevant Time Period
`and for each individual year from 2017 to 2020.
`
`48. The statistically significant disparities between the number of home loans
`City National made in majority-Black and Hispanic neighborhoods and those that its peers
`made show that there were residents in majority-Black and Hispanic areas in the Los
`Angeles MD who were seeking and qualified for home loans. City National had no
`legitimate, non-discriminatory reason to make so few home loans from these areas.
`
`49. These figures show a statistically significant failure by City National, relative
`to its peer lenders, to make home loans and provide residential mortgage services to
`residents of majority-Black and Hispanic census tracts in the Los Angeles MD on a non-
`discriminatory basis from 2017 through 2020.
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`50. Even when City National did make loans in tracts where the majority of
`residents are Black or Hispanic, it made those loans disproportionately to the white
`residents of those tracts. Between 2017 and 2020, City National originated only 113 loans
`to Black or Hispanic residents of majority-Black and Hispanic tracts, while making 176
`loans to white residents of those tracts.
`G. City National Was Aware of and Failed to Respond to its Redlining Risk
`
`51. During the Relevant Time Period, City National’s internal fair lending
`oversight, policies, and procedures were inadequate to ensure that the Bank was positioned
`to provide equal access to credit to majority-Black and Hispanic neighborhoods in the Los
`Angeles MD. Moreover, City National’s staffing was insufficient to implement a fair
`lending program commensurate with the size, complexity, and risk profile.
`
`52. During the Relevant Time Period, the Bank’s fair lending oversight was
`centralized under the supervision of a fair lending officer who received no training on
`redlining and did not discuss fair lending issues or concerns with anyone in the business
`divisions that originate or process residential loan applications.
`
`53. Since at least 2015, City National’s fair lending officer prepared reports
`detailing the Bank’s fair lending risk. Each year, these reports showed that the Bank lent
`overwhelmingly to white, non-Hispanic individuals and described City National’s fair
`lending risk as “high” or “increasing.”
`
`
`54. City National’s assessments and reports also contained evidence of lending
`disparities involving Black and Hispanic borrowers, as well as lending disparities in
`census tracts in which the majority of the residents are identified as a “minority.”2 City
`National’s internal compliance reports for the Relevant Time Period all provide
`
`
`2 Majority-minority is a term of art generally used in redlining matters to refer to
`census tracts where the majority (over 50 percent) of people in that area are people of
`color. High-minority tracts refer to census tracts where over 80 percent of resident are
`people of color.
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`information that should have notified the Bank of its ongoing fair lending risks, including
`risks related to redlining.
`55. For instance, City National’s 2016 internal Fair Lending Risk Assessment
`described its aggregate fair lending risk as “high” and the direction of the risk as
`“increasing” due in part to redlining concerns.
`56. An internal Redlining Risk Review dated April 2017 identified disparities in
`lending in high minority tracts, calculated based on the Bank’s lending patterns across the
`United States. This report recommended that the Bank “enhance its marketing efforts for
`residential mortgages to increase its penetration in assessment areas and community
`outreach.”
`57. City National’s 2018 and 2019 internal compliance reports indicate that the
`Bank knew that it was overwhelmingly receiving applications from, and lending to, white
`borrowers. In May 2018, City National found that, of the residential mortgage applications
`that the Bank received in 2017, only three percent were from Black applicants and two
`percent were from Hispanic applicants.
`58.
`It was not until May 2020 that City National’s first attempted to measure its
`lending in communities of color against that of its peers in the Los Angeles MD, its largest
`market. City National’s May 2020 Redlining Risk Review showed statistically significant
`disparities in its 2018 mortgage lending in majority-minority census tracts in the Los
`Angeles MD compared with peers. Specifically, the Bank’s internal analysis showed that
`while its peers received 51 percent of their applications from majority-minority census
`tracts in the Los Angeles MD, City National received only 27 percent of its applications
`from those tracts. Maps prepared as part of the 2020 Risk Review report indicate that in
`2018, the Bank originated very few loans in portions of the Los Angeles MD with
`majority-minority populations.
`59. During the Relevant Time Period, City National has taken no meaningful
`action in response to the aforementioned analyses indicating that it was underserving
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`Black and Hispanic borrowers and majority Black and Hispanic neighborhoods, despite
`having knowledge of its underperformance and its redlining risk.
`60. City National’s Board and senior management did not exercise sufficient
`oversight to ensure fair lending risk management practices were effective and
`commensurate with the bank’s size, complexity, and geographic expansion. Neither City
`National’s fair lending officer nor anyone else in the Bank’s compliance department,
`reported the Bank’s fair lending and redlining risk to the Bank’s senior management, the
`Board of Directors and/or management in divisions responsible for mortgage lending. Nor
`did City National maintain any internal oversight committees to review fair-lending efforts
`or determine if the Bank was generating loans in majority-Black and Hispanic
`neighborhoods.
`
`61. City National did not incorporate fair lending considerations in its marketing
`decisions, nor in its decisions related to development of new loan products and services,
`nor did it make sufficient efforts to address its redlining risk.
`
`62. City National’s discriminatory practices as described herein have intended to
`discriminate and have had the effect of discriminating on the basis of race, color, and
`national origin.
`V. COUNT I – DISCRIMINATION ON THE BASIS OF RACE, COLOR, AND
`NATIONAL ORIGIN
`63. The United States incorporates all prior paragraphs of the Complaint as if
`
`fully set forth herein.
`
`64. Persons who have been victims of City National’s discriminatory policies and
`practices are “aggrieved” as defined in 42 U.S.C. § 3602(i) and 15 U.S.C. §1691e(i), and
`may have suffered damages as a result of the Bank’s conduct in violation of both the Fair
`Housing Act and the Equal Credit Opportunity Act, as described above.
`65. Defendant City National Bank’s actions as alleged herein constitute:
`a.
`Discrimination on the basis of race, color, and national origin in
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`making available residential real estate-related transactions, or in the
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`terms of conditions of residential real estate-related transactions, in
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`violation of the Fair Housing Act, 42 U.S.C. §3605(a), and its
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`implementing regulations, 24 C.F.R. §§ 100.110(b), 100.120;
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`b.
`The making unavailable or denial of dwellings to persons because of
`race, color, and national origin, in violation of the Fair Housing Act,
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`42 U.S.C. § 3604(a), and its implementing regulations, 24 C.F.R.
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`§ 100.50(b)(3);
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`c.
`Discrimination on the basis of race, color, and national origin in the
`terms, conditions, or privileges of the sale or rental of dwellings, or the
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`provision of services or facilities in connection with the sale or rental
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`of dwellings, in violation of the Fair Housing Act, 42 U.S.C. § 3604(b),
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`and its implementing regulations, 24 C.F.R. §§ 100.50(b)(2), 100.65;
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`and
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`d.
`Discrimination against applicants with respect to credit transactions on
`the basis of race, color, and national origin and discouragement of
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`applications on the basis of race, color, and national origin in violation
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`of the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691(a)(1),
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`1691e(g), and its implementing regulations, 12 C.F.R. pt. 1002.
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`VI. COUNT II – PATTERN OR PRACTICE OF DISCRIMINATION AND
`DENIAL OF RIGHTS TO A GROUP OF PERSONS
`66. The United States incorporates all prior paragraphs of the Complaint as if
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`fully set forth herein.
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`67. Persons who have been victims of City National’s discriminatory policies
`and practices are “aggrieved” as defined in 42 U.S.C. § 3602(i) and 15 U.S.C.
`§ 1691e(i), and may have suffered damages as a result of the Bank’s conduct in violation
`of both the Fair Housing Act and the Equal Credit Opportunity Act, as described above.
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`68. Defendant City National Bank’s policies and practices as alleged herein
`constitute:
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`A pattern or practice of resistance to the full enjoyment of rights
`a.
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`secured by the Fair Housing Act, 42 U.S.C. § 3614(a), and the Equal
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`Credit Opportunity Act, 15 U.S.C. § 1691e(h); and
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`Unlawful discrimination and a denial of rights granted by the Fair
`b.
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`Housing Act to a group of persons that raises an issue of general public
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`importance within the meaning of 42 U.S.C. § 3614(a).
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`69. The discriminatory policies and practices of Defendant City National Bank
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`have been intentional and willful and implemented with reckless disregard for the rights
`of individuals based on their race, color, and national origin.
`VII. REQUEST FOR RELIEF
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`WHEREFORE, the United States prays that the Court enter an order that:
`(1) Declares that the conduct of Defendant City National Bank violates the Fair
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`Housing Act;
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`(2) Declares that the conduct of Defendant City National Bank violates the Equal
`Credit Opportunity Act;
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`(3) Enjoins Defendant, its agents, employees, and successors, and all other
`persons in active concert or participation with Defendant, from:
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`a.
`Discriminating on account of race, color, or national origin in any
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`aspect of their lending business practices;
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`b.
`Discouraging applicants on account of race, color, or national origin;
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`c.
`Failing or refusing to take such affirmative steps as may be necessary
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`to restore, as nearly as practicable, the victims of Defendant’s unlawful
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`practices to the position they would be in but for the discriminatory
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`conduct;
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`d.
`Failing or refusing to take such affirmative steps as may be necessary
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`to prevent the recurrence of any discriminatory conduct in the future
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`and to eliminate, to the extent practicable, the effects of Defendant’s
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`unlawful practices, and providing policies and procedures to ensure all
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`segments of Defendant’s market areas are served without regard to
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`prohibited characteristics;
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`(4) Awards monetary damages against Defendant in accordance with 42 U.S.C.
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`§ 3614(d)(1)(B) and 15 U.S.C. § 1691e(h);
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`(5) Assess a civil penalty against Defendant in an amount authorized by 42
`U.S.C. § 3614(d)(1)(C), in order to vindicate the public interest; and
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`(6) Awards the United States any additional relief the interests of justice may
`require.
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`VIII. DEMAND FOR JURY TRIAL
`The United States demands trial by jury in this action on all issues so triable
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`pursuant to Rule 38 of the Federal Rules of Civil Procedure.
`Dated: January 12, 2023
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` Respectfully submitted,
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` MERRICK B. GARLAND
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` Attorney General