N.Y. Comp. Codes R. & Regs. tit. 9 § 466.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 466.8 - Discrimination on the basis of sex or marital status in extension of credit

(a) Inquiries concerning marital history, status and number of dependents. For purposes of Executive Law, section 296-a(1)(c), it shall not be considered an expression of limitation, specifications or discrimination on the basis of sex or marital status if:

(1) a creditor requires an applicant to disclose the name or names by which he or she has previously been known, provided that this information is used solely to determine the applicant's identity and previous credit history;

(2) where application is made for a mortgage and the creditor determines that the signature of the spouse is required in order to pass clear title in the event of a default, a creditor requests information concerning marital status, provided that the information disclosed by such inquiry is used solely for the purpose of perfecting title;

(3) a creditor inquires as to the number of the applicant's dependents, provided that the information disclosed by such inquiry is used solely to determine costs and expenses payable by the applicant.

(b) Statement of reasons for rejection. For purposes of Executive Law, section 296-a(4)(a), a statement of the specific reasons for rejection of an application for credit shall be deemed to be in compliance with this section if it is a clear and meaningful statement of all of the factors which justified rejection.

(c) Attribution of past joint obligations. For purposes of Executive Law, section 296-a(4)(b), a response to a request for a separate credit history, made after July 15, 1974, shall include all obligations, whenever entered into, as to which the creditor or credit reporting bureau then has information in its files. In creating such a separate history, all obligations on which two parties were jointly liable shall be reported as the obligation of each, irrespective of the actual source of payments.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 466.8