Claim bank's practices led to fall in property tax income

Three Georgia counties have filed a lawsuit claiming that British bank HSBC cost them hundreds of millions of dollars in extra expenses and damage to their tax bases by aggressively signing minorities to housing loans that were likely to fail.

The Atlanta-area counties’ failure or success with the relatively novel strategy could help determine whether other local governments in the US try to hold big banks accountable for losses in tax revenue based on what they claim are discriminatory or predatory lending practices. Similar lawsuits resulted in settlements this year worth millions of dollars for communities in Maryland and Tennessee.

Fulton, DeKalb and Cobb counties say in their lawsuit, which was filed in October, that the housing foreclosure crisis was the “foreseeable and inevitable result” of big banks, such as HSBC and its American subsidiaries, aggressively pushing irresponsible loans or loans that were destined to fail. The counties say that crisis has caused them tremendous damage.

“It’s not only the personal damage that was done to people in our communities,” said DeKalb County Commissioner Jeff Rader. “That has a ripple effect on our tax digest and the demand for public services in these areas.”

The city of Atlanta straddles Fulton and DeKalb counties, while Cobb County is northwest of the city.

The lawsuit says the bank violated the Fair Housing Act, which provides protection against housing or renting policies or practices, including lending, that discriminate on the basis of race, colour, national origin, religion, sex, family status or physical disability.

The counties say their tax digests, which represent the value of all property subject to tax, have declined from a high point in 2009. Fulton’s tax digest has dropped about 12 per cent, from $32.7 billion to $28.7 billion; DeKalb’s has dropped about 20 per cent, from $22 billion to $17.5 billion; and Cobb’s has dropped about 15 per cent, from $25.5 billion to $21.3 billion, the lawsuit says. That reduces their ability to provide critical services in their communities, the lawsuit says.

In addition to reducing tax income, vacant or abandoned homes that are in or near foreclosure create additional costs for the counties, the lawsuit says. Their housing code and legal departments have to investigate and respond to code violations, including having to board up, tear down or repair unsafe homes. They have to deal with public health concerns, such as pest infestations, ruptured water pipes, accumulated garbage and unkempt yards. And fire and police departments have to respond to health and safety threats.

(This article was published on December 25, 2012)
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