Sec.
701. Prohibited discrimination; reasons for adverse action.
702. Definitions.
703. Regulations.
704. Administrative enforcement.
704A. Incentives for self-testing and self-correction.
705. Relation to State laws.
706. Civil liability.
707. Annual reports to Congress.
708. Effective date.
709. Short title.
(b) It shall not constitute discrimination for purposes of this title for a creditor--
(1) to make an inquiry of marital status 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 credit-worthiness;
(2) to make an inquiry of the applicant's age or of whether the applicant's income derives from any
public assistance program if such inquiry is for the purpose of determining the amount and
probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Board;
(3) to use any empirically derived credit system which considers age if such system is
demonstrably and statistically sound in accordance with regulations of the Board, except that in the
operation of such system the age of an elderly applicant may not be assigned a negative factor or
value; or
(4) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant
is to be used by the creditor in the extension of credit in favor of such applicant.
(c) It is not a violation of this section for a creditor to refuse to extend credit offered pursuant to--
(1) any credit assistance program expressly authorized by law for an economically disadvantaged
class of persons;
(2) any credit assistance program administered by a nonprofit organization for its members or an
economically disadvantaged class of persons; or
(3) any special purpose credit program offered by a profit-making organization to meet special
social needs which meets standards prescribed in regulations by the Board;
if such refusal is required by or made pursuant to such program.
(d)(1) Within thirty days (or such longer reasonable time as specified in regulations of the Board
for any class of credit transaction) after receipt of a completed application for credit, a creditor
shall notify the applicant of its action on the application.
(2) Each applicant against whom adverse action is taken shall be entitled to a statement of reasons
for such action from the creditor. A creditor satisfies this obligation by--
(A) providing statements of reasons in writing as a matter of course to applicants against whom
adverse action is taken; or
(B) giving written notification of adverse action which discloses (i) the applicant's right to a
statement of reasons within thirty days after receipt by the creditor of a request made within sixty
days after such notification, and (ii) the identity of the persons or office from which such statement
may be obtained. Such statement may be given orally if the written notification advises the
applicant of his right to have the statement of reasons confirmed in writing on written request.
(3) A statement of reasons meets the requirements of this section only if it contains the specific
reasons for the adverse action taken.
(4) Where a creditor has been requested by a third party to make a specific extension of credit
directly or indirectly to an applicant, the notification and statement of reasons required by this
subsection may be made directly by such creditor, or indirectly through the third party, provided in
either case that the identity of the creditor is disclosed.
(5) The requirements of paragraph (2), (3), or (4) may be satisfied by verbal statements or
notifications in the case of any creditor who did not act on more than one hundred and fifty
applications during the calendar year preceding the calendar year in which the adverse action is
taken, as determined under regulations of the Board.
(6) For purposes of this subsection, the term "adverse action" means a denial or revocation of
credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in
substantially the amount or on substantially the terms requested. Such term does not include a
refusal to extend additional credit under an existing credit arrangement where the applicant is
delinquent or otherwise in default, or where such additional credit would exceed a previously
established credit limit.
(e) Each creditor shall promptly furnish an applicant, upon written request by the applicant made
within a reasonable period of time of the application, a copy of the appraisal report used in
connection with the applicant's application for a loan that is or would have been secured by a lien
on residential real property. The creditor may require the applicant to reimburse the creditor for
the cost of the appraisal.
[Codified to 15 U.S.C. 1691]
[Source: Section 701 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1521),
effective October 28, 1975, as amended by section 2 of the Act of March 23, 1976 (Pub. L. No.
94--239; 90 Stat. 251), effective March 23, 1977; section 223(d) of title II of the Act of
December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2306), effective December 19, 1991]
(b) The term "applicant" means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.
(c) The term "Board" refers to the Board of Governors of the Federal Reserve System.
(d) The term "credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor.
(e) The term "creditor" means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.
(f) The term "person" means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.
(g) Any reference to any requirement imposed under this title or any provision thereof includes
reference to the regulations of the Board under this title or the provision thereof in question.
[Codified to 15 U.S.C. 1691a]
[Source: Section 702 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522),
effective October 28, 1975]
(b) Consumer Advisory Council
The Board shall establish a Consumer Advisory Council to advise and consult with it in the
exercise of its functions under this chapter and to advise and consult with it concerning other
consumer related matters it may place before the Council. In appointing the members of the
Council, the Board shall seek to achieve a fair representation of the interests of creditors and
consumers. The Council shall meet from time to time at the call of the Board. Members of the
Council who are not regular full-time employees of the United States shall, while attending
meetings of such Council, be entitled to receive compensation at a rate fixed by the Board, but not
exceeding $100 per day, including travel time. Such members may be allowed travel expenses,
including transportation and subsistence, while away from their homes or regular place of
business.
[Codified to 15 U.S.C. 1691b]
[Source: Section 703 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522),
effective October 28, 1975, as amended by section 3 of the Act of March 23, 1976 (Pub. L.
No. 94--239; 90 Stat. 252), effective March 23, 1976; section 301 of title III of the Act of
October 25, 1988 (Pub. L. No. 100--533; 102 Stat. 2692), effective October 25, 1988]
(b) For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law. The exercise of the authorities of any of the agencies referred to in subsection (a) for the purpose of enforcing compliance with any requirement imposed under this title shall in no way preclude the exercise of such authorities for the purpose of enforcing compliance with any other provision of law not relating to the prohibition of discrimination on the basis of sex or marital status with respect to any aspect of a credit transaction.
(c) Except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other Government agency under subsection (a), the Federal Trade Commission shall enforce such requirements. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce any Federal Reserve Board regulation promulgated under this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
(d) The authority of the Board to issue regulations under this title does not impair the authority of
any other agency designated in this section to make rules respecting its own procedures in
enforcing compliance with requirements imposed under this title.
[Codified to 15 U.S.C. 1691c]
[Source: Section 704 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522),
effective October 28, 1975, and as amended by section 4 of the Act of March 23, 1976 (Pub. L.
No. 94--239; 90 Stat. 253), effective March 23, 1976; section 744(m) of title VII of the Act of
August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 439), effective August 9, 1989; section 212(d) of
title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2301), effective
December 19, 1991; section 1604(a)(8) of title XVI of the Act of October 28, 1992 (Pub. L. No.
102--550, 106 Stat. 4082), effective December 19, 1991; section 315 of title III of the Act of
December 29, 1995 (Pub. L. No. 104--88; 109 Stat. 948), effective December 29, 1995]
(b) RESULTS OF SELF-TESTING.--
(1) IN GENERAL.--No provision of this section may be construed to prevent an applicant,
department, or agency from obtaining or using a report or results of any self-test in any proceeding
or civil action in which a violation of this title is alleged, or in any examination or investigation of
compliance with this title if--
(A) the creditor or any person with lawful access to the report or results--
(i) voluntarily releases or discloses all, or any part of, the report or results to the applicant,
department, or agency, or to the general public; or
(ii) refers to or describes the report or results as a defense to charges of violations of this title
against the creditor to whom the self-test relates; or
(B) the report or results are sought in conjunction with an adjudication or admission of a violation
of this title for the sole purpose of determining an appropriate penalty or remedy.
(2) Disclosure for determination of penalty or remedy.--Any report or results of a self-test that are
disclosed for the purpose specified in paragraph (1)(B)--
(A) shall be used only for the particular proceeding in which the adjudication or admission
referred to in paragraph (1)(B) is made; and
(B) may not be used in any other action or proceeding.
(c) ADJUDICATION.--An applicant, department, or agency that challenges a privilege asserted
under this section may seek a determination of the existence and application of that privilege in--
(1) a court of competent jurisdiction; or
(2) an administrative law proceeding with appropriate jurisdiction.
[Codified to 15 U.S.C. 1691c-1]
[Section 704 of title VII of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by section
2302 of title II of the Act of September 30, 1996 (Pub. L. No. 104-208; 110 Stat. 3009-420),
effective September 30, 1996]
(b) Consideration or application of State property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for purposes of this title.
(c) Any provision of State law which prohibits the separate extension of consumer credit to each party to a marriage shall not apply in any case where each party to a marriage voluntarily applies for separate credit from the same creditor: Provided, That in any case where such a State law is so preempted, each party to the marriage shall be solely responsible for the debt so contracted.
(d) When each party to a marriage separately and voluntarily applies for and obtains separate credit accounts with the same creditor, those accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United States.
(e) Where the same act or omission constitutes a violation of this title and of applicable State law, a person aggrieved by such conduct may bring a legal action to recover monetary damages either under this title or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions.
(f) This title does not annul, alter, or affect, or exempt any peron subject to the provisions of this title from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this title if the Board determines that such law gives greater protection to the applicant.
(g) The Board shall by regulation exempt from the requirements of sections 701 and 702 of this
title any class of credit transactions within any State if it determines that under the law of that State
that class of transactions is subject to requirements substantially similar to those imposed under
this title or that such law gives greater protection to the applicant, and that there is adequate
provision for enforcement. Failure to comply with any requirement of such State law in any
transaction so exempted shall constitute a violation of this title for the purposes of section 706.
[Codified to 15 U.S.C. 1691d]
[Source: Section 705 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1523),
effective October 28, 1975, and as amended by section 5 of the Act of March 23, 1976 (Pub. L.
No. 94--239; 90 Stat. 253), effective March 23, 1976]
(b) Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor's failure of compliance was intentional.
(c) Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this title.
(d) In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney's fee as determined by the court, shall be added to any damages awarded by the court under such subsection.
(e) No provision of this title imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
(f) Any action under this section may be brought in the appropriate United States district court
without regard to the amount in controversy, or in any other court of competent jurisdiction. No
such action shall be brought later than two years from the date of the occurrence of the violation,
except that--
(1) whenever any agency having responsibility for administrative enforcement under section 704
commences an enforcement proceeding within two years from the date of the occurrence of the
violation,
(2) whenever the Attorney General commences a civil action under this section within two years
from the date of the occurrence of the violation, then any applicant who has been a victim of the
discrimination which is the subject of such proceeding or civil action may bring an action under
this section not later than one year after the commencement of that proceeding or action.
(g) The agencies having responsibility for administrative enforcement under section 704, if unable to obtain compliance with section 701, are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. Each agency referred to in paragraphs (1), (2), and (3) of section 704(a) shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of section 701(a). Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated section 701(a).
(h) When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this title, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including actual and punitive damages and injunctive relief.
(i) No person aggrieved by a violation of this title and by a violation of section 805 of the Civil Rights Act of 1968 shall recover under this title and section 812 of the Civil Rights Act of 1968, if such violation is based on the same transaction.
(j) Nothing in this title shall be construed to prohibit the discovery of a creditor's credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought.
(k) NOTICE TO HUD OF VIOLATIONS.--Whenever an agency referred to in paragraph (1), (2),
or (3) of section 704(a)--
(1) has reason to believe, as a result of receiving a consumer complaint, conducting a consumer
compliance examination, or otherwise, that a violation of this title has occurred;
(2) has reason to believe that the alleged violation would be a violation of the Fair Housing Act;
and
(3) does not refer the matter to the Attorney General pursuant to subsection (g), the agency shall
notify the Secretary of Housing and Urban Development of the violation, and shall notify the
applicant that the Secretary of Housing and Urban Development has been notified of the alleged
violation and that remedies for the violation may be available under the Fair Housing Act.
[Codified to 15 U.S.C. 1691e]
[Source: Section 706 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1524),
effective October 28, 1975, and as amended by section 6 of the Act of March 23, 1976 (Pub. L.
No. 94--239; 90 Stat. 253), effective March 23, 1976; sections 223(a)--(c) of title II of the Act of
December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2306), effective December 19, 1991]
§ 707. Annual reports to Congress
Each year, the Board and the Attorney General shall, respectively, make reports to the Congress
concerning the administration of their functions under this title, including such recommendations as
the Board and the Attorney General, respectively, deem necessary or appropriate. In addition, each
report of the Board shall include its assessment of the extent to which compliance with the
requirements of this title is being achieved, and a summary of the enforcement actions taken by
each of the agencies assigned administrative enforcement responsibilities under section 704.
[Codified to 15 U.S.C. 1691f]
[Source: Section 707 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by
section 7 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 255), effective March 23,
1976; as amended by section 610 of title VI of the Act of March 31, 1980 (Pub. L. No. 96--221;
94 Stat. 174), effective April 1, 1982]
![]() |
![]() |
Steven H. Rosenbaum |
Chief |
![]() |
Housing & Civil Enforcement Section |
|
(202) 514-4713
TTY - 202-305-1882 FAX - (202) 514-1116 To Report an Incident of Housing Discrimination: 1-800-896-7743 |
![]() |
|
U.S. Department of Justice
Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Email: fairhousing@usdoj.gov |