§477E-3 - Prohibited credit discrimination.
[§477E-3] Prohibited credit discrimination.
(a) It shall be unlawful for any creditor to discriminate against any applicant
on the basis of marital status with respect to any aspect of a credit
transaction.
(b) An inquiry of marital status shall not constitute
discrimination for the purposes of this chapter if such inquiry is for the
purpose of ascertaining the creditor's rights and remedies applicable to the
particular extension of credit, and not to discriminate in a determination of
creditworthiness.
(c) A request for the signature of both
parties to a marriage for the purpose of creating a valid lien, passing clear
title, waiving inchoate rights to, or assigning the earnings and profits, in
any transaction involving real property shall not be construed to be
discrimination under this part; provided that this provision shall not be
construed to permit a creditor to take marital status into account in connection
with the evaluation of creditworthiness of any applicant.
(d) Consideration or application of the real
property laws directly or indirectly affecting creditworthiness shall not
constitute discrimination for any purpose of this chapter.
(e) Whenever either party to a marriage
contracts separately for credit or a loan, the contracting party shall be
solely responsible for the debt so contracted.
(f) Whenever each party to a marriage
separately and voluntarily applies for, and obtains, separate credit accounts
or loans with the same creditor, those accounts or loans shall not be
aggregated, or otherwise combined, for purposes of determining permissible
finance charges, or permissible loan ceilings. [L 1975, c 109, pt of §1]