Case: United States v. Bank United
1:99-cv-00526 | U.S. District Court for the Western District of New York
Filed Date: July 28, 1999
Closed Date: 2002
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Case Summary
On July 28, 1999, the U.S. Department of Justice (DOJ) filed a complaint on behalf of a disabled individual and her minor children in the U.S. District Court for the Western District of New York under the Fair Housing Act, 42 U.S.C. § 3602 (h) against Bank United. The complaint alleged that the defendant had engaged in discriminatory housing practices against the disabled individual. Specifically, it alleged that the defendant discriminated against her on the basis of her disability in her application for Federal Housing Administration-insured mortgage loan. The defendant allegedly repeatedly inquired into the nature of her and her children's disability, and, as a result, the complainant withdrew her application. The complaint asked for declaratory, injunctive and monetary relief.
The parties entered into a settlement agreement, and the court issued a consent decree on August 5, 1999. Under the agreement, the defendant was permanently enjoined from establishing, publishing, or applying policies or practices that request or require the disclosure of confidential personal or medical information or the nature or extent of disability and from any other discrimination on the basis of disability as prohibited by the Fair Housing Act. The defendant agreed to pay $25,000 to the individual and her children in exchange for the release of all claims arising from the facts at issue. The defendant also agreed to implement procedures ensuring that no discrimination on the basis of disability occurs, whereas the bank can only request documentation that relates to the source of payments for the loan. The defendant also had to keep records relating to any persons that applies for a mortgage on the basis of disability income. The defendant agreed to provide anti-discrimination training.
The defendant agreed to send pertinent files to the United States. The duration of the agreement was three years and three months. The case is closed.
Summary Authors
Zhandos Kuderin (11/20/2014)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10736231/parties/united-states-v-bank-united/
Fleming, Mary Pat (New York)
Halperin, Eric I. (District of Columbia)
Lee, Bill Lann (District of Columbia)
Magagna, Joan A. (District of Columbia)
Davies, R. Scott (Minnesota)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/10736231/united-states-v-bank-united/
Last updated July 17, 2026, 4:27 a.m.
Case Details
State / Territory:
Case Type(s):
Fair Housing/Lending/Insurance
Special Collection(s):
Key Dates
Filing Date: July 28, 1999
Closing Date: 2002
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice on behalf of physically disabled individuals as defined by the Fair Housing Act.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Commonwealth United Mortgage
Defendant Type(s):
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Other Dockets:
Western District of New York 1:99-cv-00526
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Amount Defendant Pays: $25,000
Order Duration: 1999 - 2002
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Case Summary of United States v. Bank United, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12467/ (last updated 11/20/2014).