State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 9-f

§ 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,  regulations  of  the  banking  board  and  rules  of  the  superintendent;  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.

State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 9-f

§ 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,  regulations  of  the  banking  board  and  rules  of  the  superintendent;  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-1 > 9-f

§ 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,  regulations  of  the  banking  board  and  rules  of  the  superintendent;  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.