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This entry was published on 2014-09-22
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Geographic discrimination in making mortgage loans prohibited
§ 9-f. Geographic discrimination in making mortgage loans prohibited.
1. No banking institution as such term is defined in this section shall
refuse to make a prudent loan upon the security of real property or
otherwise discriminate with respect thereto because of the geographic
location of such property if such property is located within the
geographic area ordinarily serviced by such bank or within the community
within which the principal or any branch office of such banks is
located. A violation of the provisions of this subdivision shall be
subject to the applicable provisions of sections thirty-nine and
forty-four of this chapter.

2. Any person who makes application for such a loan and is refused
such loan may request the superintendent to review the denial of such
application. If the superintendent determines that such loan was prudent
and was denied in violation of subdivision one hereof, the
superintendent shall certify such determination to the state of New York
mortgage agency created pursuant to title seventeen of article eight of
the public authorities law.

3. For the purposes of this section, the term (a) "prudent loan" means
a loan upon the security of real property which is prudent by acceptable
banking standards and is in compliance with all of the provisions of
this chapter and rules and regulations of the superintendent of
financial services; and (b) notwithstanding any other provision of this
chapter or law to the contrary, the term banking institution when used
in this section shall mean and include all banks, trust companies,
savings banks, savings and loan associations, credit unions, mortgage
bankers, exempt organizations as defined in article twelve-D of this
chapter and foreign banking corporations whether incorporated,
chartered, organized or licensed under the laws of this state or any
other state or the United States.

4. If any clause, sentence, paragraph, subdivision or part of this
section or the application thereof to any person, firm or corporation,
or circumstance shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined (i) in
its operation to the clause, sentence, paragraph, subdivision, or part
of this section, or (ii) in its application to the person, firm or
corporation, or circumstance, directly involved in the controversy in
which such judgment shall have been rendered.