PART 6. FINANCIAL DISCRIMINATION [35800. - 35833.]
Part 6 added by Stats. 1977, Ch. 1140.
§§ 35800–35833 · 20 sections
CHAPTER 1. Findings and Declarations of Purpose and Policy §§ 35800–35803 · 4 sections
- § 35800 This part shall be known and may be cited as the Holden Act.
- § 35801 The Legislature finds and declares: (a) The subject of housing is of vital statewide importance to the health, safety, and welfare of the residents of the…
- § 35802 The purposes of this part include the following: (a) To prevent discrimination in the provision of financial assistance for financing or refinancing the…
- § 35803 This part shall be deemed an exercise of the police power of the state for the protection of the health, welfare, and peace of the people of this state.
CHAPTER 2. Definitions § 35805 · 1 section
- § 35805 As used in this part: (a) “Agency” means the Business and Consumer Services Agency. (b) “Fair market value” means the most probable price which a property…
CHAPTER 3. Prohibitions and Enforcement §§ 35810–35816 · 7 sections
- § 35810 (a) No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing,…
- § 35811 (a) No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing,…
- § 35812 No financial institution shall consider the racial, ethnic, religious, or national origin composition of a neighborhood or geographic area surrounding a…
- § 35813 Nothing in this part shall (1) require a financial institution to provide financial assistance if it is clearly evident that occupancy of the housing…
- § 35814 The secretary shall issue such rules, regulations, guidelines, and orders as are necessary to interpret and enforce the provisions of this part and to…
- § 35815 (a) The secretary or the secretary’s designee shall monitor and investigate the lending patterns and practices of financial institutions for compliance with…
- § 35816 (a) The secretary shall adopt regulations applicable to all persons who are in the business of originating residential mortgage loans in this state, including,…
CHAPTER 4. Complaint Resolution §§ 35820–35823 · 4 sections
- § 35820 Any applicant for a real estate loan in connection with a housing accommodation claimed to be aggrieved by an alleged violation of Chapter 3 (commencing with…
- § 35821 Immediately upon receipt of the complaint, the secretary shall endeavor to eliminate any alleged unlawful practice by conference, conciliation, or persuasion.
- § 35822 If, in accordance with procedures established for the resolution of complaints by the secretary, and within 30 days of receiving the complaint, the secretary…
- § 35823 The decision of the secretary shall be final unless, within ten days from the date of receipt thereof, the complainant or financial institution files a written…
CHAPTER 5. Miscellaneous §§ 35830–35833 · 4 sections
- § 35830 In order to further the purposes of this part, financial institutions shall notify all applicants at the time of written application for financial assistance…
- § 35831 The provisions of this part, including rules, regulations, guidelines, and orders issued pursuant to this part, shall not affect the validity of any…
- § 35832 The provisions of this part shall be liberally construed in order to effectuate the purposes of this part.
- § 35833 If any clause, sentence, paragraph, or part of this part or application thereof to any person, financial institution, or circumstance shall, for any reason, be…