§ 5.20.030. Unlawful financing practices.  


Latest version.
  • A.

    It is unlawful for an insurance company, a financial institution or other commercial institution extending secured or unsecured credit, upon receiving an application for financial assistance or credit for the acquisition, construction, rehabilitation, repair or maintenance of a housing accommodation or other property or services, or the acquisition or improvement of unimproved property, or upon receiving an application for any sort of loan of money, or upon receiving an application for insurance, to permit one of its officials or employees during the execution of his or her duties to:

    1.

    Discriminate against the applicant because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, in a term, condition or privilege relating to the obtainment or use of the institution's financial assistance, insurance or credit.

    2.

    Make or cause to be made a written or oral inquiry or record of the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, of a person seeking the institution's financial assistance, insurance or credit unless the inquiry is for the purpose of ascertaining the applicant's creditworthiness or insurability.

    3.

    Refuse to extend credit, issue a credit card, insure or make a loan to a single, divorced, pregnant or married person who is otherwise creditworthy, if so requested by the person, or to refuse to extend credit, issue a credit card, insure or make a loan to a creditworthy person based on that person's sexual orientation or gender identity.

    4.

    Refuse to insure or to issue a credit card to a married person in th at person's name, if so requested by the person, provided, however, that the person so requesting a card may be required to open an account in that name if so requested by that person.

    5.

    Notwithstanding the provisions of this section, any practice permitted by federal or state law applicable to financial or credit transactions of the same character as those covered by this section does not constitute discrimination under this section.

    6.

    This section does not prohibit an institution described in subsection 1. of this section from refusing to contract with a person if the person lacks the legal capacity to contract or if the institution is reasonably in doubt about the person's legal capacity to contract.

(CAC 8.38.020; AO No. 93-149, § 2, 10-15-93; AO No. 2002-163, § 3, 1-7-03; AO No. 2015-96(S-1), § 4, 9-29-15 )