California Code of Regulations
Title 21 - Public Works
Division 3 - California State Transportation Agency
Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977
Article 2 - Nondiscrimination Requirements
Section 7109.2 - Evaluating Creditworthiness
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
In the evaluation of an individual's creditworthiness, the financial institution should take into consideration all relevant factors which indicate an ability to repay the obligation. A financial institution shall consider the following:
(a) A policy of favoring applicants who have previously owned homes over applicants who have not may perpetuate prior discrimination;
(b) In some instances, past credit difficulties may have resulted from discriminatory practices;
(c) Excessively restrictive practices in judging a criminal record may result in discrimination;
(d) The practice of disallowing income regularly received from overtime and production bonuses and from part-time employment may be discriminatory;
(e) Greater emphasis should be placed on the earnings of the applicant than on other factors, such as educational level;
(f) Job or residential changes may indicate upward mobility; and
(g) Preferring applicants who have done business with the financial institution can perpetuate previous discriminatory policies.
Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35810- 35815, Health and Safety Code.
