The Justice Department’s Civil Rights Division, U.S. Attorney’s Office for the District of New Jersey and Department of Housing and Urban Development (HUD) announced today that OceanFirst Bank, N.A. has agreed to pay over $15 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black, Hispanic and Asian neighborhoods in Middlesex, Monmouth, and Ocean Counties.
Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color or national origin of residents in those communities.
In October 2021, Attorney General Garland and Assistant Attorney General Clarke launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color.
The initiative is expanding the department’s reach by strengthening partnerships with U.S. Attorneys’ Offices around the country, regulatory partners, and its partners in state Attorneys General offices. Since 2021, the department has announced 13 redlining resolutions and secured over $137 million in relief for communities of color that have been the victims of lending discrimination across the country.
The Justice Department’s complaint, which was filed today in the U.S. District Court for the District of New Jersey, alleges that, from 2018 through at least 2022, OceanFirst Bank failed to provide mortgage lending services to predominantly Black, Hispanic, and Asian neighborhoods in Middlesex, Monmouth, and Ocean Counties and discouraged people seeking credit in those communities from obtaining home loans.
Specifically, the complaint alleges that OceanFirst disproportionately focused its outreach and advertising on majority-white communities, placed its branches in majority-white neighborhoods, and closed its only branches in the majority-Black, Hispanic, and Asian neighborhoods in those counties.
The Justice Department has resolved its claims via a proposed consent order, which is subject to court approval. Additionally, OceanFirst and HUD have entered into a conciliation agreement with equivalent terms. In those resolutions, OceanFirst has agreed to do the following:
- Invest at least $14 million in a loan subsidy fund to increase access to home mortgage, home improvement, and home refinance loans for residents of majority-Black, Hispanic, and Asian neighborhoods in Middlesex, Monmouth, and Ocean Counties;
- Spend $400,000 on community partnerships to provide services related to credit, consumer financial education, homeownership, and foreclosure prevention for residents of predominantly Black, Hispanic, and Asian neighborhoods in those counties;
- Spend $700,000 on advertising, outreach, consumer financial education, and credit counseling focused on predominantly Black, Hispanic, and Asian neighborhoods in those counties;
- Open a loan production office and maintain the bank’s recently opened full-service branch, both located in predominantly Black, Hispanic, and Asian neighborhoods in those counties, with at least one mortgage loan officer assigned to each location;
- Conduct a community credit needs assessment, evaluate its fair lending compliance management systems, and conduct staff trainings on fair lending; and
- Hire a director of community lending who will oversee the continued development of home mortgage lending in communities of color.
The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the District of New Jersey opened their investigation into OceanFirst’s lending practices after receiving a referral from the bank’s regulator, the Office of the Comptroller of the Currency. OceanFirst cooperated with the investigation and worked with the Justice Department and HUD to resolve the redlining allegations.
Redlining is particularly controversial because banks were using race to decide which neighborhoods to avoid instead of crime statistics.
If a bank wants to avoid high crime neighborhoods because the default rate is likely to be higher and foreclosed homes are more likely to be trashed, they can be legit. But there must be consistency. If you lend to a high crime white neighborhood then that demonstrates that your policy is based on race rather than real policy.
Many lenders now allow all loan officers to make judgement calls on their own (obviously within the bank’s lending footprint).