New York Laws
Article 15 - Human Rights Law
296-A - Unlawful Discriminatory Practices in Relation to Credit.

(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.