Community-Impact Initiatives
We fulfill our motto--law in service to the public--by defending
Oakland's progressive policies in court and initiating legal action when
the community's quality of life or economic interests are violated.
The number of foreclosures has dramatically increased in the last year.
Many of the people in danger of losing their homes have been victims to
unethical "sub-prime" lenders. Oakland, in fact, suffers from
a disproportionate number of predatory loans than other Bay Area cities.
In coalition with fair-lending advocates and community based organizations,
we are informing and educating the community on how NOT to be a victim
and how to get help if someone
may be in danger of losing their home.
HISTORY: In 2001, Oakland's
anti-predatory lending ordinance was unanimously passed by the Oakland
City Council. It was the first local law in California to address the
growing problem of predatory home mortgage lending.
The ordinance prohibited a number of abusive lending terms and practices
for home mortgage loans made in Oakland, particularly high-cost homes
loans that charge high interest rates or points and fees. One of its most
important aspects requires borrowers to receive independent loan counseling
prior to closing a high-cost home loan. The City Council enacted the ordinance
after hearing testimony from consumer groups and predatory lending victims
on how unscrupulous lenders were targeting homeowners in Oakland's low-income
and minority communities, particularly elderly persons living alone, for
abusive loans.
In November
2001 and again in September
2003 the court upheld the anti-predatory lending ordinance. The 2003
Court of Appeal of the First Appellate District in San Francisco decision
threw out a challenge to the Oakland law, saying "no part of the
ordinance is preempted by state law."
Until the state Court of Appeal decision, the sub-prime lenders who'd
issued the challenge had been able to tie up in the courts in a number
of cities across the country, including New York, Minneapolis, Cleveland,
Dayton, Toledo and Los Angeles. In May 2004 Oakland filed an amicus
brief and were joined by national, state and local consumer and community
groups.
Oakland City
Attorney John Russo defended the anti-predatory lending ordinance before
the California Supreme Court in November
of 2004.
On January 31, 2005, in a
split 4-3 decision issued by the California Supreme Court, Oakland's
anti-predatory lending ordinance was deemed "preempted" by state
law. Chief Justice George issued the dissenting opinion stating, "Local
regulation thus is not only constitutionally valid, but practically vital
to the affected communities. Although predatory lending certainly is a
matter of statewide concern, the specific interests of the communities
most affected by the banned practices make the regulation of this field
particularly amenable to local variations." Read the full decision
and dissenting opinion by clicking here.
The City of Oakland and consumer advocates are petitioning the state
legislature to strengthen the existing law.
back to top ^
Californians are required by law to have auto insurance. Low-income and
minority residents were paying a higher premimum due to territorial rating
or 'ZIP code profiling' by auto insurance companies.
ZIP code profiling had become a proxy for impermissible categorizations
of race and class. Auto insurance companies penalized drivers for where
they lived, discriminating against low-income and minority communities
throughout California by charging higher rates to those who could least
afford it, exacerbating the problem of uninsured drivers and putting all
Californians at risk.
The City of Oakland joined with other municipalities to hold the insurance
companies accountable to a law passed in 1988- Proposition 103. This law
requires companies to base rates on three common sense factors: driving
record, miles driven and years of driving experience. The petition to
Commissioner John Garamendi called for townhall hearings which took place
throughout California in 2003-04. After carefully taking testimony throughout
the state, and after more than two years of staff research, Garamendi
issued a ruling to finally and faithfully enact Proposition 103.
This decision had the insurance industry howling in protest and filing
lawsuits in court to prevent the provisions of Proposition 103. However,
in February a ruling by Sacramento Superior Court upheld the auto-insurance
regulations. (Sacramento
Bee editorial)
It took nearly two decades, but the simple fairness that voters demanded
in 1988 has become a reality.
back to top ^
Megan's Law -- Protecting
our Children
Five years ago, Oakland City Attorney John Russo joined with the Oakland
Unified School District and the Oakland
Police Department, to provide information to parents and guardians
to educate and hopefully prevent abductions and other offenses against
children.
In 1947 California implemented a sex offender registration program to
help keep track of persons convicted of certain sex crimes. In 1996, California
enacted Megan's Law, which, for the first time, provided the public with
photographs and descriptions of convicted sex offenders who have registered
their whereabouts with local law enforcement. To find out more, click
here.
The Office of the City Attorney has established on-going office hours
on the 6th floor of City Hall to assist members of the public navigate
the Megan's Law website.
back to top ^
In the wake of the September 11th terrorist attacks, Oakland City Attorney
John Russo was joined by civic and community leaders today in unveiling
a new campaign to punish hate crimes. Hate crimes are acts of violence,
threats or intimidation toward any person on the basis of their race,
color, religion, ancestry, national origin, political affiliation, sex,
sexual orientation, age, disability, position in a labor dispute, or because
another person perceives them to have one or more of these characteristics
The Office of the City Attorney uses a unique approach to punish hate
crimes under California Civil Code sections 52 and 52.1, which provide
authority for the City Attorney to bring a civil action for violations
of state and federal civil rights laws, including violations of the law
that involve hate crimes. Under these provisions, the City Attorney may
obtain civil penalties of $25,000 for each incident, injunctive and equitable
relief and attorney's fees. To read more about the campaign, click
here.
In Oakland, we take pride in our diversity. We will not tolerate hate
or violence. If you have witnessed or been the victim of a hate crime,
call:
1-866-4-NO-HATE (1-866-466-4283).
back to top ^
|
