Cal. Code Regs. tit. 21 § 7109.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 7109.2 - Evaluating Creditworthiness

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.

Cal. Code Regs. Tit. 21, § 7109.2

Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35810- 35815, Health and Safety Code.