What is Redlining
Redlining is an unethical practice that puts services (financial and otherwise) out of reach for residents of certain areas based on race or ethnicity. It can be seen in the systematic denial of mortgages, insurance, loans and other financial services based on location (and that area's default history) rather than an individual's qualifications and creditworthiness. Notably, the policy of redlining is felt the most by residents of minority neighborhoods.
Breaking Down Redlining
The term "redlining" was coined by sociologist James McKnight in the 1960s based on how lenders would literally draw a red line on a map around the neighborhoods they would not invest in based on demographics alone. Black, inner city neighborhoods were most likely to be redlined. Investigations found that lenders would make loans to lower-income whites but not to middle- or upper-income African Americans. Examples of redlining can be found in a variety of financial services, including mortgages, student loans, credit cards and insurance. Although the Community Reinvestment Act was passed in 1977 to put an end to all redlining practices, critics say the discrimination still occurs. For example, "redlining" has been used to describe discriminatory practices by retailers, both bricks and mortar and online. Reverse redlining is the practice of targeting neighborhoods (mostly nonwhite) for products and services that are priced higher than the same services in areas with more competition.
Redlining and the Law
Courts have determined that redlining is illegal when lending institutions use race as a basis for excluding neighborhood from access to loans. In addition, the Fair Housing Act, which is part of the Civil Rights Act of 1968, prohibits discrimination against neighborhoods based on their racial composition. However, the law does not prohibit redlining when it is used to exclude neighborhoods or regions on the basis of geological factors such as fault lines or flood zones.
While redlining neighborhoods or regions based on race is illegal, lending institutions may legally take economic factors into account when making loans. Lending institutions are not required to approve all loan applications on the same terms and may impose higher rates or stricter repayment terms on some borrowers. However, these considerations must be based on economic factors and cannot, under U.S. law, be based on race, religion, national origin, sex or marital status.
Banks may legally take the following factors into consideration whether deciding whether to make loans to applicants and on what terms:
- Credit history: Lenders may legally evaluate an applicant's credit worthiness as determined by FICO scores and reports from credit bureaus.
- Income: Lenders may consider an applicant's regular source of funds, which can include income from employment, business ownership, investments or annuities.
- Property condition: A lending institution may evaluate the property on which it is making the loan as well as the condition of nearby properties. These evaluations must be based strictly on economic considerations.
- Neighborhood amenities and city services: Lenders may take into account amenities that enhance or detract from the value of a property.
- The lending institution's portfolio: Lending institutions may take into account their requirements to have a portfolio that is diversified by region, structure type and loan amount.
Lenders must evaluate each of the above factors without regard to race, religion, national origin, sex or marital status of the applicant.