Section 7105.2 - Discrimination on the Basis of Sex or Marital StatusSection 35811 of the Act and 7105(a)(2) prohibit discrimination on the basis of sex and marital status. These regulations codify, and incorporate by reference, all federal and state laws governing such discrimination, including, but not limited to, the Federal Equal Credit Opportunity Act, the Federal Fair Housing Act, the National Housing Act, the California Unruh Civil Rights Act, the Rumford Fair Housing Act and the provisions of the California Civil Code commencing with Section 1812.30. For purposes of example, a financial institutions shall consider the following:
(a) Financial institutions shall consider without prejudice the combined incomes of both husband and wife;(b) Sex discrimination against any person seeking financial assistance with respect to any aspect of the transaction is prohibited;(c) Refusing to lend, requiring higher standards of creditworthiness of, or imposing different terms on, members of one sex or individuals of one marital status is discriminatory based upon sex or marital status. Loan underwriting decisions must be based upon an applicant's credit history and present and reasonably foreseeable economic prospects, rather than on the basis of assumptions regarding comparative differences in creditworthiness between married and unmarried individuals, or between men and women; and(d) A practice of discounting all or part of either spouse's income where both spouses apply jointly may discriminate on the basis of sex. As with other income, when spouses apply jointly, determination as to whether or not a spouse's income qualifies for credit purposes should depend upon a reasonable evaluation of his or her past, present, and reasonably foreseeable economic circumstances.Cal. Code Regs. Tit. 21, § 7105.2
Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35810- 35815, Health and Safety Code.