24 C.F.R. § 100.125

Discrimination in the purchasing of loans

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(a) It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities which support the purchase, 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.

(b) Unlawful conduct under this section includes, but is not limited to:

(1) Purchasing loans or other debts or securities which relate to, or which are secured by dwellings in certain communities 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 communities.

(2) Pooling or packaging loans or other debts or securities which relate to, or which are secured by, dwellings differently because of race, color, religion, sex, handicap, familial status, or national origin.

(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 which relate to, or which are secured by, dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

(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, handicap, familial status or national origin.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2003–2024 · leading case: Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003).
Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). “120 ; (4) “[discrimination in the purchasing of loans”; 24 C.F.R. § 100.125 ; and (5) “[discrimination in the terms and conditions for making available loans or other financial assistance.”
Adkins v. Stanley, 307 F.R.D. 119 (S.D.N.Y. 2015). “Adkins I, 2013 WL 3835198 , at *9 (quoting 24 C.F.R. § 100.125 ); see also 42 U.S.C.”
Trujillo v. Amity Plaza LLC (D. Colo. 2024). “65 (b)(2) (prohibiting the failure to make repairs or the improper delay of repairs); 24 C.F.R. § 100.125 (a) (prohibiting the improper denying of loans that fund dwelling maintenance).”
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