Section R10-2-110. Discrimination in the Making of Loans and in the Provision of Other Financial Assistance

A.      Conduct prohibited by A.R.S. § 41-1491.20 includes:

1.        Failing or refusing to provide to any person in connection with a residential real estate-related transaction informa- tion regarding the availability of loans or other financial assistance, application requirements, procedures, or stan- dards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, handicap, familial status, or national origin;

2.        Purchasing loans or other debts or securities which relate to, or which are secured by dwellings in certain commu- nities or neighborhoods but not in others because of the race, color, religion, sex, handicap, familial status, or national origin of persons in such neighborhoods or com- munities;

3.        Pooling or packaging loans or other debts or securities which relate to, or which are secured by, dwellings differ- ently because of race, color, religion, sex, handicap, familial status, or national origin; and

4.        Imposing or using different terms or conditions in the marketing or sale of securities issued on the basis of loans or other debts or securities which relate to, or which are secured by dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

B.       It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assis- tance relating to the purchase, construction, improvement, repair, or maintenance of dwellings, or which are secured by residential real estate, to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin. Unlawful conduct includes:

1.        Using different policies, practices, or procedures in eval- uating or in determining credit-worthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin; and

2.        Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, duration, or other terms for a loan or other financial assistance for a dwelling which is secured by residential real estate, because of race, color, religion, sex, handicap, familial status, or national origin.

C.      Notwithstanding A.R.S. § 41-1491.05, it is unlawful to use an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improp- erly takes into consideration race, color, religion, sex, handi- cap, familial status, or national origin.

D.      It is unlawful for any person or entity engaged in the purchas- ing of loans or other debts or securities which support the pur- chase, construction, improvement, repair, or maintenance of a dwelling, or which 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, handicap, familial status, or national origin.

E.       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 finan- cial security or to protection against default or reduction of the

value of the security. A business necessity connotes an irresist- ible demand, and not only fosters the above goals but is essen- tial to them. This provision does not preclude necessary considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, handicap, familial status, or national ori- gin.

Historical Note

Adopted effective December 2, 1994 (Supp. 94-4).