Lending standards which take into consideration only the non-overtime income of the primary wage earner may result in discrimination in that they do not take into account variations in employment patterns among individuals and families. The determination as to whether primary income or additional income qualifies as effective income for credit purposes should depend upon whether such income may reasonably be expected to continue through the early period of the mortgage term. Automatically discounting other income from bonuses, overtime or part-time employment will deny financing to persons who otherwise may be creditworthy. Since statistics show that minority group members and low- and moderate-income families rely more often on such supplemental income, the practice may be racially discriminatory in effect as well as artificially restrictive of opportunities for home financing.
Cal. Code Regs. Tit. 21, § 7109.1
Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35810- 35815, Health and Safety Code.