2013 New York Consolidated Laws
EXC - Executive
Article 15 - (290 - 301) HUMAN RIGHTS LAW
296-A - Unlawful discriminatory practices in relation to credit.

 
    § 296-a. Unlawful  discriminatory practices in relation to credit.  1.
  It shall be an unlawful discriminatory practice for any creditor or  any
  officer, agent or employee thereof:
    a.  In  the  case  of  applications  for  credit  with  respect to the
  purchase,   acquisition,   construction,   rehabilitation,   repair   or
  maintenance  of  any  housing accommodation, land or commercial space to
  discriminate against any such applicant  because  of  the  race,  creed,
  color,  national  origin, sexual orientation, military status, age, sex,
  marital status, disability, or familial  status  of  such  applicant  or
  applicants  or any member, stockholder, director, officer or employee of
  such applicant or applicants, or of the prospective occupants or tenants
  of  such  housing  accommodation,  land  or  commercial  space,  in  the
  granting,  withholding,  extending  or renewing, or in the fixing of the
  rates, terms or conditions of, any such credit;
    b.  To  discriminate  in  the  granting,  withholding,  extending   or
  renewing,  or  in  the  fixing of the rates, terms or conditions of, any
  form of credit, on the basis of race,  creed,  color,  national  origin,
  sexual   orientation,   military   status,  age,  sex,  marital  status,
  disability, or familial status;
    c. To use any form of application for credit or use or make any record
  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
  specification,  or  discrimination  as  to  race, creed, color, national
  origin, sexual orientation, military status, age, sex,  marital  status,
  disability, or familial status;
    d.  To make any inquiry of an applicant concerning his or her capacity
  to reproduce, or his or her use or advocacy of any form of birth control
  or family planning;
    e. To refuse to consider  sources  of  an  applicant's  income  or  to
  subject  an  applicant's  income  to  discounting,  in whole or in part,
  because of an applicant's race, creed, color,  national  origin,  sexual
  orientation,  military  status,  age,  sex, marital status, childbearing
  potential, disability, or familial status;
    f. To discriminate  against  a  married  person  because  such  person
  neither uses nor is known by the surname of his or her spouse.
    This  paragraph  shall  not  apply to any situation where the use of a
  surname would constitute or result in a criminal act.
    2. Without limiting the generality of subdivision one of this section,
  it shall be considered discriminatory if, because of an  applicant's  or
  class  of  applicants'  race,  creed,  color,  national  origin,  sexual
  orientation, military status, age, sex, marital status or disability, or
  familial status, (i) an applicant  or  class  of  applicants  is  denied
  credit  in  circumstances  where other applicants of like overall credit
  worthiness  are  granted  credit,  or  (ii)  special   requirements   or
  conditions,   such   as  requiring  co-obligors  or  reapplication  upon
  marriage, are imposed upon  an  applicant  or  class  of  applicants  in
  circumstances  where  similar requirements or conditions are not imposed
  upon other applicants of like overall credit worthiness.
    3.   It   shall   not   be   considered   discriminatory   if   credit
  differentiations  or  decisions  are  based  upon factually supportable,
  objective differences in applicants' overall  credit  worthiness,  which
  may  include  reference  to  such  factors as current income, assets and
  prior credit history of such applicants, as well  as  reference  to  any
  other  relevant  factually  supportable data; provided, however, that no
  creditor shall consider, in  evaluating  the  credit  worthiness  of  an
  applicant,  aggregate statistics or assumptions relating to race, creed,
  color,  national  origin,  sexual  orientation,  military  status,  sex,
  marital  status  or  disability,  or  to  the likelihood of any group of

  persons bearing or  rearing  children,  or  for  that  reason  receiving
  diminished or interrupted income in the future.
    3-a.  It  shall not be an unlawful discriminatory practice to consider
  age in determining credit worthiness when age  has  a  demonstrable  and
  statistically   sound   relationship   to   a  determination  of  credit
  worthiness.
    4. a. If so requested by an applicant for  credit,  a  creditor  shall
  furnish  such  applicant  with  a  statement of the specific reasons for
  rejection of the applicant's application for credit.
    b. If so requested in writing by an individual who is or was  married,
  a  creditor  or  credit reporting bureau shall maintain in its records a
  separate credit history for any such individual. Such  separate  history
  shall  include  all  obligations as to which such bureau has notice with
  respect to which any such person  is  or  was  individually  or  jointly
  liable.
    5.  No  provision  of  this  section  providing  spouses  the right to
  separately apply for credit,  borrow  money,  or  have  separate  credit
  histories  maintained  shall  limit or foreclose the right of creditors,
  under any other provision of law, to hold one spouse legally liable  for
  debts incurred by the other.
    6.  Any  person claiming to be aggrieved by an unlawful discriminatory
  practice engaged in by a regulated creditor, in lieu  of  the  procedure
  set  forth in section two hundred ninety-seven of this article, may file
  a verified complaint with the superintendent, as  provided  hereinafter;
  provided,  however,  that  the  filing  of  a  complaint with either the
  superintendent or the division shall  bar  subsequent  recourse  to  the
  other  agency,  as well as to any local commission on human rights, with
  respect to the grievance complained of.
    7. In the case of a verified complaint filed with  the  superintendent
  the following procedures shall be followed:
    a.  After  receipt  of  the complaint, the superintendent shall make a
  determination within thirty days of whether there is probable  cause  to
  believe  that  the  person  named  in the complaint has engaged in or is
  engaging in an unlawful discriminatory practice. If  the  superintendent
  determines  there  is  no  such  probable  cause, the complaint shall be
  dismissed. If the superintendent determines that there is such  probable
  cause,  he  or she shall attempt to resolve such complaint by conference
  and conciliation. If  conciliation  is  achieved,  the  terms  shall  be
  recorded  in a written agreement signed by the creditor and complainant,
  a copy of which shall be forwarded to the commissioner.
    b. If conciliation is not achieved, the superintendent or his  or  her
  designated  representative  shall  conduct a hearing with respect to the
  alleged violation of this  section.  All  interested  parties  shall  be
  entitled  to  adequate  and  timely  notice of the hearing. Such parties
  shall  have  the  right  to  be  represented  by  counsel  or  by  other
  representatives  of  their own choosing; to offer evidence and witnesses
  in their own behalf and to cross-examine other parties and witnesses; to
  have the power of subpoena exercised in their behalf; and to have access
  to a written record of such hearing. The superintendent or  his  or  her
  representative  shall  not  be  bound  by  the  strict rules of evidence
  prevailing in courts of law or equity.  The  testimony  taken  shall  be
  under  oath  and  a  record  shall be made of the proceedings. A written
  decision shall be made by the superintendent or his  or  her  designated
  representative separately setting forth findings of fact and conclusions
  of law. A copy of such decision shall be forwarded to the commissioner.
    c.  If  the  superintendent finds that a violation of this section has
  occurred, the superintendent shall issue an order which shall do one  or
  more of the following:

    (1)  impose a fine in an amount not to exceed ten thousand dollars for
  each violation, to be paid to the people of the state of New York;
    (2)  award  compensatory  damages  to  the  person  aggrieved  by such
  violation;
    (3) require the regulated creditor  to  cease  and  desist  from  such
  unlawful discriminatory practices;
    (4)  require  the  regulated creditor to take such further affirmative
  action as will effectuate the purposes of this section,  including,  but
  not  limited  to,  granting  the  credit  which  was  the subject of the
  complaint.
    d. Any complainant, respondent or other person aggrieved by any  order
  or  final determination of the superintendent may obtain judicial review
  thereof.
    8. Where the superintendent makes a  determination  that  a  regulated
  creditor  has engaged in or is engaging in discriminatory practices, the
  superintendent is empowered to issue appropriate orders to such creditor
  pursuant to the banking law. Such  orders  may  be  issued  without  the
  necessity of a complaint being filed by an aggrieved person.
    9.  Whenever  any  creditor makes application to the superintendent of
  financial services to take any action  requiring  consideration  by  the
  superintendent  of  the  public  interest  and the needs and convenience
  thereof, or requiring  a  finding  that  the  financial  responsibility,
  experience,  charter,  and  general fitness of the applicant, and of the
  members thereof if the applicant be a co-partnership or association, and
  of the officers and directors thereof if the applicant be a corporation,
  are such as to command the confidence of the community  and  to  warrant
  belief  that  the  business  will  be  operated  honestly,  fairly,  and
  efficiently,  such  creditor  shall  certify   to   the   superintendent
  compliance  with  the  provisions of this section. In the event that the
  records of the department of financial services show that such  creditor
  has  been  found to be in violation of this section, such creditor shall
  describe what action has been taken with respect to its credit  policies
  and   procedures   to   remedy   such   violation   or  violations.  The
  superintendent shall, in approving the foregoing applications and making
  the foregoing findings, give appropriate weight to compliance with  this
  section.
    10.  Any  complaint  filed  with  the  superintendent pursuant to this
  section shall be so filed within one year after the  occurrence  of  the
  alleged unlawful discriminatory practice.
    11.  The  superintendent  is  hereby empowered to promulgate rules and
  regulations hereunder to effectuate the purposes of this section.
    12. The provisions of this section, as they relate to age,  shall  not
  apply to persons under the age of eighteen years.