Bank of Am. Corp. v. City of Miami
This text of 581 U.S. 189 (Bank of Am. Corp. v. City of Miami) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Justice BREYER delivered the opinion of the Court.
The Fair Housing Act (FHA or Act) forbids
"discriminat[ing] against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race...."42 U.S.C. § 3604 (b).
It further makes it unlawful for
"any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race...." § 3605(a).
The statute allows any "aggrieved person" to file a civil action seeking damages for a violation of the statute. §§ 3613(a)(1)(A), 3613(c)(1). And it defines an "aggrieved person" to include "any person who ... claims to have been injured by a discriminatory housing practice." § 3602(i).
The City of Miami claims that two banks, Bank of America and Wells Fargo,
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intentionally issued riskier mortgages on less favorable terms to African-American and Latino customers than they issued to similarly situated white, non-Latino customers, in violation of §§ 3604(b) and 3605(a). App. 185-197, 244-245, 350-362, 428. The City, in amended complaints, alleges that these discriminatory practices have (1) "adversely impacted the racial composition of the City,"
The Banks respond that the complaints do not set forth a cause of action for two basic reasons. First, they contend that the City's claimed harms do not "arguably" fall within the "zone of interests" that the statute seeks to protect,
Association of Data Processing Service Organizations, Inc. v. Camp,
We hold that the City's claimed injuries fall within the zone of interests that the FHA arguably protects. Hence, the City is an "aggrieved person" able to bring suit under the statute. We also hold that, to establish proximate cause under the FHA, a plaintiff must do more than show that its injuries foreseeably flowed from the alleged statutory violation. The lower court decided these cases on the theory that foreseeability is all that the statute requires, so we vacate and remand for further proceedings.
I
In 2013, the City of Miami brought lawsuits in federal court against two banks, Bank of America and Wells Fargo. The City's complaints charge that the Banks discriminatorily imposed more onerous, and indeed "predatory," conditions on loans made to minority borrowers than to similarly situated nonminority borrowers. App. 185-197, 350-362. Those "predatory" practices included, among others, excessively high interest rates, unjustified fees, teaser low-rate loans that overstated refinancing opportunities, large prepayment penalties, and-when default loomed-unjustified refusals to refinance or modify the loans.
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Justice BREYER delivered the opinion of the Court.
The Fair Housing Act (FHA or Act) forbids
"discriminat[ing] against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race...."42 U.S.C. § 3604 (b).
It further makes it unlawful for
"any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race...." § 3605(a).
The statute allows any "aggrieved person" to file a civil action seeking damages for a violation of the statute. §§ 3613(a)(1)(A), 3613(c)(1). And it defines an "aggrieved person" to include "any person who ... claims to have been injured by a discriminatory housing practice." § 3602(i).
The City of Miami claims that two banks, Bank of America and Wells Fargo,
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intentionally issued riskier mortgages on less favorable terms to African-American and Latino customers than they issued to similarly situated white, non-Latino customers, in violation of §§ 3604(b) and 3605(a). App. 185-197, 244-245, 350-362, 428. The City, in amended complaints, alleges that these discriminatory practices have (1) "adversely impacted the racial composition of the City,"
The Banks respond that the complaints do not set forth a cause of action for two basic reasons. First, they contend that the City's claimed harms do not "arguably" fall within the "zone of interests" that the statute seeks to protect,
Association of Data Processing Service Organizations, Inc. v. Camp,
We hold that the City's claimed injuries fall within the zone of interests that the FHA arguably protects. Hence, the City is an "aggrieved person" able to bring suit under the statute. We also hold that, to establish proximate cause under the FHA, a plaintiff must do more than show that its injuries foreseeably flowed from the alleged statutory violation. The lower court decided these cases on the theory that foreseeability is all that the statute requires, so we vacate and remand for further proceedings.
I
In 2013, the City of Miami brought lawsuits in federal court against two banks, Bank of America and Wells Fargo. The City's complaints charge that the Banks discriminatorily imposed more onerous, and indeed "predatory," conditions on loans made to minority borrowers than to similarly situated nonminority borrowers. App. 185-197, 350-362. Those "predatory" practices included, among others, excessively high interest rates, unjustified fees, teaser low-rate loans that overstated refinancing opportunities, large prepayment penalties, and-when default loomed-unjustified refusals to refinance or modify the loans.
The District Court dismissed the complaints on the grounds that (1) the harms alleged, being economic and not discriminatory, fell outside the zone of interests the FHA protects; (2) the complaints fail to show a sufficient causal connection between the City's injuries and the Banks' discriminatory conduct; and (3) the complaints fail to allege unlawful activity occurring within the Act's 2-year statute of limitations. The City then filed amended complaints (the complaints now before us) and sought reconsideration. The District Court held that the amended complaints could solve only the statute of limitations problem. It consequently declined to reconsider the dismissals.
The Court of Appeals reversed the District Court.
The Banks filed petitions for certiorari, asking us to decide whether, as the Court of Appeals had in effect held, the amended complaints satisfied the FHA's zone-of-interests and proximate-cause requirements. We agreed to do so.
II
To satisfy the Constitution's restriction of this Court's jurisdiction to "Cases" and "Controversies," Art. III, § 2, a plaintiff must demonstrate constitutional standing. To do so, the plaintiff must show an "injury in fact" that is "fairly traceable" to the defendant's conduct and "that is likely to be redressed by a favorable judicial decision."
Spokeo, Inc. v. Robins,
578 U.S. ----, ----,
Here, we conclude that the City's claims of financial injury in their amended complaints-specifically, lost tax revenue and extra municipal expenses-satisfy the "cause-of-action" (or "prudential standing") requirement. To use the language of
Data Processing,
the City's claims of injury it suffered as a result of the statutory violations are, at the least, "
arguably
within the zone of interests" that the FHA protects.
The FHA permits any "aggrieved person" to bring a housing-discrimination lawsuit.
This Court has repeatedly written that the FHA's definition of person "aggrieved" reflects a congressional intent to confer standing broadly. We have said that the definition of "person aggrieved" in the original version of the FHA, § 810(a),
Thus, we have held that the Act allows suits by white tenants claiming that they were deprived benefits from interracial associations when discriminatory rental practices kept minorities out of their apartment complex,
Trafficante,
Finally, in 1988, when Congress amended the FHA, it retained without significant change the definition of "person aggrieved" that this Court had broadly construed. Compare § 810(a),
The Banks do not deny the broad reach of the words "aggrieved person" as defined in the FHA. But they do contend that those words nonetheless set boundaries that fall short of those the Constitution sets. Brief for Petitioners in No. 15-1112, p. 12 (Brief for Wells Fargo); Brief for Petitioners in No. 15-1111, pp. 19-20 (Brief for Bank of America). The Court's language in
Trafficante,Gladstone,
and
Havens Realty,
they argue, was exaggerated and unnecessary to decide the cases then before the Court. See Brief for Wells Fargo 19-23; Brief for Bank of America 27-33. Moreover, they warn that taking the Court's words literally-providing everyone with constitutional standing a cause of action under the FHA-would produce a legal anomaly. After all, in
Thompson,
We need not discuss the Banks' argument at length, for even if we assume for argument's sake that some form of it is valid, we nonetheless conclude that the City's financial injuries fall within the zone of interests that the FHA protects. Our case law with respect to the FHA drives that conclusion. The City's complaints allege that the Banks "intentionally targeted predatory practices at African-American and Latino neighborhoods and residents," App. 225; id., at 409 (similar). That unlawful conduct led to a "concentration" of "foreclosures and vacancies" in those neighborhoods. Id., at 226, 229, 410, 413. Those concentrated "foreclosures and vacancies" caused "stagnation and decline in African-American and Latino neighborhoods." Id., at 225, 409. They hindered the City's efforts to create integrated, stable neighborhoods. Id., at 186, 351. And, highly relevant here, they reduced property values, diminishing the City's property-tax revenue and increasing demand for municipal services. Id., at 233-234, 417.
Those claims are similar in kind to the claims the Village of Bellwood raised in
Gladstone
. There, the plaintiff village had alleged that it was " 'injured by having [its] housing market ... wrongfully and illegally manipulated to the economic and social detriment of the citizens of [the] village.' "
The upshot is that the City alleges economic injuries that arguably fall within the FHA's zone of interests, as we have previously interpreted that statute. Principles of stare decisis compel our adherence to those precedents in this context. And principles of statutory interpretation require us to respect Congress' decision to ratify those precedents when it reenacted the relevant statutory text. See supra, at 1302 - 1305.
III
The remaining question is one of causation: Did the Banks' allegedly discriminatory lending practices proximately cause the City to lose property-tax revenue and spend more on municipal services? The Eleventh Circuit concluded that the answer is "yes" because the City plausibly alleged that its financial injuries were foreseeable results of the Banks' misconduct. We conclude that foreseeability alone is not sufficient to establish proximate cause under the FHA, and therefore vacate the judgment below.
It is a " 'well established principle of [the common] law that in all cases of loss, we are to attribute it to the proximate cause, and not to any remote cause.' "
Lexmark,
572 U.S., at ----,
In these cases, the "conduct the statute prohibits" consists of intentionally lending to minority borrowers on worse terms than equally creditworthy nonminority borrowers and inducing defaults by failing to extend refinancing and loan modifications to minority borrowers on fair terms. The City alleges that the Banks' misconduct led to a disproportionate number of foreclosures and vacancies in specific Miami neighborhoods. These foreclosures and vacancies purportedly harmed the City, which lost property-tax revenue when the value of the properties in those neighborhoods fell and was forced to spend more on municipal services in the affected areas.
The Eleventh Circuit concluded that the City adequately pleaded that the Banks' misconduct proximately caused these financial injuries.
We conclude that the Eleventh Circuit erred in holding that foreseeability is sufficient to establish proximate cause under the FHA. As we have explained, proximate cause "generally bars suits for alleged harm that is 'too remote' from the defendant's unlawful conduct."
Lexmark, supra,
at ----,
Rather, proximate cause under the FHA requires "some direct relation between the injury asserted and the injurious conduct alleged."
Holmes v. Securities Investor Protection Corporation,
The parties have asked us to draw the precise boundaries of proximate cause under the FHA and to determine on which side of the line the City's financial injuries fall. We decline to do so. The Eleventh Circuit grounded its decision on the theory that proximate cause under the FHA is "based on foreseeability" alone.
IV
The judgments of the Court of Appeals for the Eleventh Circuit are vacated, and the cases are remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice GORSUCH took no part in the consideration or decision of these cases.
Justice THOMAS, with whom Justice KENNEDY and Justice ALITO join, concurring in part and dissenting in part.
These cases arise from lawsuits filed by the city of Miami alleging that residential mortgage lenders engaged in discriminatory lending practices in violation of the Fair Housing Act (FHA). The FHA prohibits "discrimination" against "any person" because
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of "race, color, religion, sex, handicap, familial status, or national origin" with respect to the "sale or rental" of "a dwelling."
The Court today holds that Congress intended to remedy those kinds of injuries when it enacted the FHA, but leaves open the question whether Miami sufficiently alleged that the discriminatory lending practices caused its injuries. For the reasons explained below, I would hold that Miami's injuries fall outside the FHA's zone of interests. I would also hold that, in any event, Miami's alleged injuries are too remote to satisfy the FHA's proximate-cause requirement.
A plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III,
ante,
at 1302, but also that his "complaint fall[s] within the zone of interests protected by the law" he invokes,
Lexmark Int'l, Inc. v. Static Control Components, Inc.,
572 U.S. ----, ----,
We have "made clear" that "Congress is presumed to legislate against the background" of that common-law rule.
Lexmark,
572 U.S., at ----,
A
Nothing in the text of the FHA suggests that Congress intended to deviate from the zone-of-interests limitation. The statute's private-enforcement mechanism provides that only an "aggrieved person" may sue, § 3613(a)(1)(A), and the statute defines "aggrieved person" to mean someone who "claims to have been injured by a discriminatory housing practice" or who believes he "will be injured by a discriminatory housing practice that is about to occur,"
*1308 §§ 3602(i)(1), (2). That language does not hint-much less expressly provide-that Congress sought to depart from the common-law rule.
We have considered similar language in other statutes and reached the same conclusion. In
Thompson v. North American Stainless, LP,
To be sure, some language in our older precedents suggests that the FHA's zone of interests extends to the limits of Article III. See
Trafficante v. Metropolitan Life Ins. Co.,
B
In my view, Miami's asserted injuries are "so marginally related to or inconsistent with the purposes" of the FHA that they fall outside the zone of interests. Here, as in any other case, the text of the FHA defines the zone of interests that the statute protects. See
Lexmark, supra,
at ----,
Miami's asserted injuries are not arguably related to the interests the statute protects. Miami asserts that it received "reduced property tax revenues," App. 233, 417, and that it was forced to spend more money on "municipal services that it provided and still must provide to remedy blight and unsafe and dangerous conditions,"
Miami's interests are markedly distinct from the interests this Court confronted in
Trafficante,Gladstone,
and
Havens
. In
Trafficante,
one white and one black tenant of an apartment complex sued on the ground that the complex discriminated against nonwhite rental applicants.
Miami's asserted injuries implicate none of those interests. Miami does not assert that it was injured based on efforts by the lenders to steer certain residents into one neighborhood rather than another. Miami does not even assert that it was injured because its neighborhoods were segregated. Miami therefore is not, as the majority describes, "similarly situated" to the plaintiffs in Trafficante,Gladstone, and Havens . Ante, at 1303. Rather, Miami asserts injuries allegedly resulting from foreclosed-upon and then vacant homes. The FHA's zone of interests is not so expansive as to include those kinds of injuries.
C
The Court today reaches the opposite conclusion, resting entirely on the brief mention in
Gladstone
of the village's asserted injury of reduced tax revenues, and on principles of
stare decisis
. See
ante,
at 1304. I do not think
Gladstone
compels the conclusion the majority reaches. Unlike these cases,
Gladstone
involved injuries to interests in "racial balance and stability,"
Although the Court's reliance on
Gladstone
is misplaced, its opinion today is notable primarily for what it does not say. First, the Court conspicuously does not reaffirm the broad language from
Trafficante,Gladstone,
and
Havens
suggesting that Congress intended to permit any person with Article III standing to sue under the FHA. The Court of Appeals felt bound by that language, see
Second, the Court does not reject the lenders' arguments about many other kinds of injuries that fall outside of the FHA's zone of interests. We explained in
Thompson
that an expansive reading of Title VII's zone of interests would allow a shareholder "to sue a company for firing a valuable employee for racially discriminatory reasons, so long as he could show that the value of his stock decreased as a consequence."
Although I disagree with its zone-of-interests holding, I agree with the Court's conclusions about proximate cause, as far as they go. The Court correctly holds that "foreseeability alone is not sufficient to establish proximate cause under the FHA."
Ante,
at 1305. Instead, the statute requires " 'some direct relation between the injury asserted and the injurious conduct alleged.' "
Ante,
at 1305 (quoting
Holmes v. Securities Investor Protection Corporation,
After articulating this test for proximate cause, the Court remands to the Court of Appeals because it "decline[s]" to "draw the precise boundaries of proximate cause under the FHA" or to "determine on which side of the line the City's financial injuries fall." Ante, at 1306. But these cases come to the Court on a motion to dismiss, and the Court of Appeals has no advantage over us in evaluating the complaint's proximate-cause theory. Moreover, the majority opinion leaves little doubt that neither Miami nor any similarly situated plaintiff can satisfy the rigorous standard for proximate cause that the Court adopts and leaves to the Court of Appeals to apply. See ante, at 1305 ("The general tendency in these cases, in regard to damages at least, is not to go beyond the first step" (internal quotation marks omitted)).
Miami's own account of causation shows that the link between the alleged FHA violation and its asserted injuries is exceedingly attenuated. According to Miami, the lenders' injurious conduct was "target[ing] black and Latino customers in Miami for predatory loans." Brief for Respondent in No. 15-1111, p. 4 (internal quotation marks omitted). And according to Miami, the injuries asserted are its "loss of tax revenues" and its expenditure of "additional monies on municipal services to address" the consequences of urban blight. Id., at 6.
As Miami describes it, the chain of causation between the injurious conduct and its asserted injuries proceeds as follows: As a result of the lenders' discriminatory loan practices, borrowers from predominantly minority neighborhoods were likely to default on their home loans, leading to foreclosures. Id., at 5-6. The foreclosures led to vacant houses. Id., at 6. The vacant houses, in turn, led to decreased property values for the surrounding homes. Ibid. Finally, those decreased property values resulted in homeowners paying lower property taxes to the city government. Ibid. Also, Miami explains, the foreclosed-upon, vacant homes eventually led to "vagrancy, criminal activity, and threats to public health and safety," which the city had to address through the expenditures of municipal resources. Ibid. And all this occurred, according to Miami, between 2004 and 2012. See ibid. The Court of Appeals will not need to look far to discern other, independent events that might well have caused the injuries Miami alleges in these cases.
In light of this attenuated chain of causation, Miami's asserted injuries are too
*1312
remote from the injurious conduct it has alleged. See
Associated Gen. Contractors of Cal., Inc. v. Carpenters,
For the foregoing reasons, I would reverse the Court of Appeals.
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581 U.S. 189, 137 S. Ct. 1296, 197 L. Ed. 2d 678, 26 Fla. L. Weekly Fed. S 552, 2017 U.S. LEXIS 2801, 2017 WL 1540509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-am-corp-v-city-of-miami-scotus-2017.