Article 4 - Financial Credit
(775 ILCS 5/Art. 4 heading) ARTICLE 4. FINANCIAL CREDIT
(775 ILCS 5/4‑101) (from Ch. 68, par. 4‑101)
Sec. 4‑101. Definitions. The following definitions are applicable strictly in the context of this Article:
(A) Credit Card. "Credit card" has the meaning set forth in Section 2.03 of the Illinois Credit Card and Debit Card Act.
(B) Financial Institution. "Financial institution" means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this State.
(C) Loan. "Loan" includes, but is not limited to, the providing of funds, for consideration, which are sought for: (1) the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation as that term is defined in paragraph (C) of Section 3‑101; or (2) any commercial or industrial purposes.
(D) Varying Terms. "Varying the terms of a loan" includes, but is not limited to, the following practices:
(1) Requiring a greater down payment than is usual
| for the particular type of a loan involved. | |
(2) Requiring a shorter period of amortization than |
| is usual for the particular type of loan involved. | |
(3) Charging a higher interest rate than is usual for |
| the particular type of loan involved. | |
(4) An under appraisal of real estate or other item |
| of property offered as security. | |
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(775 ILCS 5/4‑102) (from Ch. 68, par. 4‑102)
Sec. 4‑102. Civil Rights Violations: Loans. It shall be a civil rights violation for any financial institution, on the grounds of unlawful discrimination, to:
(A) Denial of Services. Deny any person any of the services normally offered by such an institution.
(B) Modification of Services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated.
(C) Loan Terms. Deny or vary the terms of a loan.
(D) Property Location. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area.
(E) Consideration of Income. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan.
(F) Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination.
(Source: P.A. 81‑1216.) |
(775 ILCS 5/4‑103) (from Ch. 68, par. 4‑103)
Sec. 4‑103. Credit Cards. It is a civil rights violation for a person who offers credit cards to the public in this State:
(A) Denial. To refuse to issue a credit card, upon proper application, on the basis of unlawful discrimination.
(B) Reasons for Rejection. To fail to inform an applicant for a credit card, upon request, of the reason that his or her application for a credit has been rejected.
(Source: P.A. 81‑1216.) |
(775 ILCS 5/4‑104) (from Ch. 68, par. 4‑104)
Sec. 4‑104. Exemptions) Nothing contained in this Article shall prohibit:
(A) Sound Underwriting Practices. A financial institution from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include:
(1) The willingness and the financial ability of the borrower to repay the loan.
(2) The market value of any real estate or other item of property proposed as security for any loan.
(3) Diversification of the financial institution's investment portfolio.
(B) Credit‑worthiness Information; Credit Systems. A financial institution or a person who offers credit cards from:
(1) making an inquiry of the applicant's age, permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit‑worthiness as provided in regulations of the Department;
(2) using any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Department, except that in the operation of such system the age of an applicant over the age of 62 years may not be assigned a negative factor or value.
(C) Special Credit Programs. A financial institution from refusing to extend credit when required to by or pursuant to any:
(1) credit assistance program expressly authorized by law for an economically disadvantaged class of persons;
(2) credit assistance program administered by a nonprofit organization for its members of an economically disadvantaged class of persons;
(3) special purpose credit program offered by a profit‑making organization to meet special social needs which meets standards prescribed by the Department in its regulations.
(Source: P.A. 81‑1267.) |