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Substitute House Bill No. 5371

Public Act No. 03-24

AN ACT CONCERNING ELIGIBILITY FOR MORTGAGE FINANCING FOR INDIVIDUALS SERVING IN THE MILITARY RESERVES OR THE NATIONAL GUARD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 36a-737 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(a) No financial institution and no federal bank shall discriminate, on a basis that is arbitrary or unsupported by a reasonable analysis of the lending risks associated with the applicant for a given loan or the condition of the property to secure it, in the granting, withholding, extending, modifying, renewing or in the fixing of the rates, terms, conditions or provisions of any home purchase loan, home improvement loan or other mortgage loan on one-to-four-family owner-occupied residential real property, solely because such property is located in a low-income or moderate-income neighborhood or geographical area, provided it shall not be a violation of this section if the home purchase loan, home improvement loan or other mortgage loan is made pursuant to a specific public or private program, the purpose of which is to increase the availability of home purchase loans, home improvement loans or other mortgage loans within a low-income or moderate-income neighborhood or geographical area in which such investment capital has generally been denied.

(b) If a member of any reserve component of the armed forces of the United States, as defined in section 27-103, or a member of the National Guard, is called into active duty after submitting an application to a financial institution or federal bank for a home purchase loan, home improvement loan or other mortgage loan on one-to-four-family owner-occupied residential real property and before the financial institution or federal bank makes a determination on the application, such financial institution or federal bank shall maintain the application on file for two years and two months after such member is called into active duty, if the member submits, not later than thirty days after being called into active duty, a written statement to the financial institution or federal bank indicating that the member (1) has been called into active duty, and (2) requests that the application be maintained on file. If the applicant returns from active duty not later than two years after submitting an application under this section and submits a written statement to the financial institution or federal bank not later than sixty days after being discharged from active duty verifying that there has been no material change in the applicant's income, assets, debts and employment, the financial institution or federal bank shall finalize processing of the application in accordance with the same terms and conditions that it made available to the applicant at the time of application, provided the financial institution or federal bank shall offer to the applicant any different terms and conditions that the financial institution or federal bank is offering to the public at the time of the applicant's return from active duty.

Approved May 12, 2003