18 Va. Admin. Code § 135-50-170

Current through Register Vol. 41, No. 2, September 9, 2024

Section 18VAC135-50-170 - Discrimination in the purchasing of loans

A. It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities that support the purchase, construction, improvement, repair, or maintenance of a dwelling or that are secured by residential real estate to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

B. Unlawful conduct under this section includes:

1. Purchasing loans or other debts or securities that relate to or are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status of persons in such neighborhoods or communities.

2. Pooling or packaging loans or other debts or securities that relate to or are secured by dwellings differently because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

3. Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities that relate to or are secured by dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

C. This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of federal law relating to a transaction's financial security, or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

18 Va. Admin. Code § 135-50-170

Derived from VR585-01-05 §2.11, eff. December 1, 1991; Amended, Virginia Register Volume 37, Issue 03, eff. 11/1/2020; Amended, Virginia Register Volume 38, Issue 05, eff. 12/1/2021.

Statutory Authority: § 36-96.8 of the Code of Virginia.