§ 296-a. Unlawful discriminatory practices in relation to credit. 1.\nIt shall be an unlawful discriminatory practice for any creditor or any\nofficer, agent or employee thereof:\n a. In the case of applications for credit with respect to the\npurchase, acquisition, construction, rehabilitation, repair or\nmaintenance of any housing accommodation, land or commercial space to\ndiscriminate against any such applicant because of the race, creed,\ncolor, national origin, citizenship or immigration status, sexual\norientation, gender identity or expression, military status, age, sex,\nmarital status, status as a victim of domestic violence, disability, or\nfamilial status of such applicant or applicants or any member,\nstockholder, director, officer or employee of such applicant or\napplicants, or of the prospective occupants or tenants of such housing\naccommodation, land or commercial space, in the granting, withholding,\nextending or renewing, or in the fixing of the rates, terms or\nconditions of, any such credit;\n b. To discriminate in the granting, withholding, extending or\nrenewing, or in the fixing of the rates, terms or conditions of, any\nform of credit, on the basis of race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, age, sex, marital status, status as a\nvictim of domestic violence, disability, or familial status;\n c. To use any form of application for credit or use or make any record\nor inquiry which expresses, directly or indirectly, any limitation,\nspecification, or discrimination as to race, creed, color, national\norigin, citizenship or immigration status, sexual orientation, gender\nidentity or expression, military status, age, sex, marital status,\nstatus as a victim of domestic violence, disability, or familial status;\n d. To make any inquiry of an applicant concerning his or her capacity\nto reproduce, or his or her use or advocacy of any form of birth control\nor family planning;\n e. To refuse to consider sources of an applicant's income or to\nsubject an applicant's income to discounting, in whole or in part,\nbecause of an applicant's race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, age, sex, marital status, status as a\nvictim of domestic violence, childbearing potential, disability, or\nfamilial status;\n f. To discriminate against a married person because such person\nneither uses nor is known by the surname of his or her spouse.\n This paragraph shall not apply to any situation where the use of a\nsurname would constitute or result in a criminal act.\n 2. Without limiting the generality of subdivision one of this section,\nit shall be considered discriminatory if, because of an applicant's or\nclass of applicants' race, creed, color, national origin, citizenship or\nimmigration status, sexual orientation, gender identity or expression,\nmilitary status, age, sex, marital status, status as a victim of\ndomestic violence, disability, or familial status, (i) an applicant or\nclass of applicants is denied credit in circumstances where other\napplicants of like overall credit worthiness are granted credit, or (ii)\nspecial requirements or conditions, such as requiring co-obligors or\nreapplication upon marriage, are imposed upon an applicant or class of\napplicants in circumstances where similar requirements or conditions are\nnot imposed upon other applicants of like overall credit worthiness.\n 3. It shall not be considered discriminatory if credit\ndifferentiations or decisions are based upon factually supportable,\nobjective differences in applicants' overall credit worthiness, which\nmay include reference to such factors as current income, assets and\nprior credit history of such applicants, as well as reference to any\nother relevant factually supportable data; provided, however, that no\ncreditor shall
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