A lender excludes 3 census tracts from its lending area, and those tracts are 80% minority. What fair-lending concern should be investigated before treating this geographic exclusion as justified?
Correct Answer
B) Redlining risk: investigate whether the exclusion denies neighborhood access because of residents’ race or national origin
B. The geographic exclusion warrants investigation for redlining. The racial composition is a warning sign, not a complete liability finding. Investigate the reasons for the boundaries, access offered to comparable communities, marketing and lending practices. Scope and exceptions: Do not infer that 80% is a legal cutoff or that every geographic disparity proves discrimination. This draft does not resolve the separate legal standards for disparate-impact claims. Source: February 5, 2024 remarks: definition and investigation of redlining — https://www.justice.gov/archives/opa/speech/assistant-attorney-general-kristen-clarke-delivers-remarks-announcing-135-million
Why This Is the Correct Answer
B. The geographic exclusion warrants investigation for redlining. The racial composition is a warning sign, not a complete liability finding. Investigate the reasons for the boundaries, access offered to comparable communities, marketing and lending practices. Scope and exceptions: Do not infer that 80% is a legal cutoff or that every geographic disparity proves discrimination. This draft does not resolve the separate legal standards for disparate-impact claims.
Why the Other Options Are Wrong
Option A: Redlining only where the lender states race as the reason for it
An express admission is not necessary to investigate discrimination.
Option C: Permitted, because a lender may define its own lending area
Choosing a market does not exempt the choice from fair-lending scrutiny.
Option D: Permitted where the 3 tracts have older housing stock on average
Older housing is not an automatic defense; assess its actual relevance and consistent use.
Exam Tip
A risk indicator starts an investigation; it does not finish it.
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