NY Exec L § 296-A (2021)
2021 New York Laws EXC - Executive Article 15 - 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,  gender  identity  or expression, 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, gender identity or expression, 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,  gender  identity  or expression, 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, gender identity or expression, 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,  gender  identity or expression, 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,   gender   identity   or expression,  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)   for  a  claim  of  sex  discrimination  only,  award  reasonable attorney's fees attributable to such  claim  to  any  prevailing  party; provided, however, that a prevailing respondent or defendant in order to recover  such  reasonable  attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was  frivolous. In no case shall attorney's fees be awarded to the department, nor shall the  department  be liable to a prevailing party for attorney's fees. In order  to  find  the  action  or  proceeding  to   be   frivolous,   the superintendent must find in writing one or more of the following:  (a)  the  action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or  (b) the action or proceeding was commenced or continued in  bad  faith without  any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law.  If the  action  or  proceeding  was promptly discontinued when the party or attorney learned or should have learned that the  action  or  proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.  (4)  require  the  regulated  creditor  to  cease and desist from such unlawful discriminatory practices;  (5) 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.