Cal. Code Regs. tit. 21 § 7114

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 7114 - Fair Lending Notice

(a) A financial institution shall provide each applicant for financial assistance upon the submission of a written application as completed by and submitted by the applicant, and shall post in a conspicuous place, a Fair Lending Notice which sets forth the prohibitions of Chapter 3 of the Act, the complaint procedures set forth in Chapter 4 of the Act, and the name and address of the office(s) where complaints may be filed and where questions may be asked as follows:

State-licensed Savings and Loan Associations--Department of Financial Institutions

300 South Spring Street

Suite 15513

Los Angeles, CA 90013

State-chartered Banks--Department of Financial Institutions

300 South Spring Street	111 Pine Street
Suite 15513	Suite 1100
Los Angeles, CA 90013	San Francisco, CA 94111

State Credit Unions and Industrial Loan Companies--Department of Financial Institutions

300 South Spring Street	111 Pine Street
Suite 15513	Suite 1100
Los Angeles, CA 90013	San Francisco, CA 94111

Finance Lenders, Residential Mortgage Lenders--Department of Corporations

320 West 4th Street	1390 Market Street
Suite 750	Suite 810
Los Angeles, CA 90013	San Francisco, CA 94102

Real Estate Brokers engaged in mortgage banking and any public agency involved in the business of financial assistance--Department of Real Estate

320 West 4th Street	1514 Clay Street, Suite 702
Los Angeles, CA 90013	Oakland, CA 94612

(b) Fair Lending Notices distributed by national banks shall provide the addresses of the Department of Financial Institutions indicated above, and Fair Lending Notices distributed by public agencies shall provide the address of the Secretary of Business, Transportation and Housing, 980 9th Street, Suite 2450, Sacramento, California, 95814. A recommended Fair Lending Notice follows.

(c) As soon as possible, but not later than 90 days from the effective date of these regulations, financial institutions shall utilize the Fair Lending Notice which follows. Until said time, financial institutions may use existing Fair Lending Notices.

(d) The Fair Lending Notice must be printed in not less than 10-point bold-face type.

THE HOUSING FINANCIAL DISCRIMINATION ACT OF 1977 FAIR LENDING NOTICE

IT IS ILLEGAL TO DISCRIMINATE IN THE PROVISION OF OR IN THE AVAILABILITY OF FINANCIAL ASSISTANCE BECAUSE OF THE CONSIDERATION OF:

1. TRENDS, CHARACTERISTICS OR CONDITIONS IN THE NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION, UNLESS THE FINANCIAL INSTITUTION CAN DEMONSTRATE IN THE PARTICULAR CASE THAT SUCH CONSIDERATION IS REQUIRED TO AVOID AN UNSAFE AND UNSOUND BUSINESS PRACTICE; OR

2. RACE, COLOR, RELIGION, SEX, MARITAL STATUS, NATIONAL ORIGIN OR ANCESTRY.

IT IS ILLEGAL TO CONSIDER THE RACIAL, ETHNIC, RELIGIOUS OR NATIONAL ORIGIN COMPOSITION OF A NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION OR WHETHER OR NOT SUCH COMPOSITION IS UNDERGOING CHANGE, OR IS EXPECTED TO UNDERGO CHANGE, IN APPRAISING A HOUSING ACCOMMODATION OR IN DETERMINING WHETHER OR NOT, OR UNDER WHAT TERMS AND CONDITIONS, TO PROVIDE FINANCIAL ASSISTANCE.

THESE PROVISIONS GOVERN FINANCIAL ASSISTANCE FOR THE PURPOSE OF THE PURCHASE, CONSTRUCTION, REHABILITATION OR REFINANCING OF ONE- TO FOUR-UNIT FAMILY RESIDENCES OCCUPIED BY THE OWNER AND FOR THE PURPOSE OF THE HOME IMPROVEMENT OF ANY ONE- TO FOUR-UNIT FAMILY RESIDENCE.

IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS, OR IF YOU WISH TO FILE A COMPLAINT, CONTACT THE MANAGEMENT OF THIS FINANCIAL INSTITUTION OR:

(name and address of Secretary's designee)

ACKNOWLEDGMENT OF RECEIPT

I (WE) RECEIVED A COPY OF THIS NOTICE.

___________________________		___________________________
Signature of Applicant		Date

___________________________		___________________________
Signature of Applicant		Date

Cal. Code Regs. Tit. 21, § 7114

1. Change without regulatory effect of subsections (a) and (b); designated effective 4-1-87 (Register 87, No. 7).
2. Change without regulatory effect amending subsections (a) and (b) filed 10-25-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 44).
3. Change without regulatory effect amending subsection (a) filed 1-10-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 2).
4. Change without regulatory effect amending subsections (a) and (b) filed 2-5-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 6).

Note: Authority cited: Section 35814, Health and Safety Code. Reference: Section 35830, Health and Safety Code.