GETTING UNCLE SAM TO ENFORCE YOUR CIVIL RIGHTS
WHEN AND WHERE TO FILE A COMPLAINT CREDIT
Federal laws such as the Equal Credit Opportunity Act of 1974and the Fair Housing Act of 1968, as amended, prohibit discrimination inproviding credit or credit-related services. Both laws prohibit discriminationin residential real estate transactions, and the Equal Credit Opportunity Actalso prohibits discrimination in consumer and business or commercial loans. Inall credit transactions you are protected from discrimination that occurs on thebasis of your race, color, religion, sex, marital status, age (provided theapplicant has the capacity to contract), national origin, or receipt of publicassistance, or because you have exercised a right under the Consumer CreditProtection Act. In credit transactions related to housing, you are alsoprotected from discrimination because of family status or disability. Accordingto these laws, when you apply for credit a creditor may not:
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discourage you from applying;
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ask you to reveal your gender, race, national origin, orreligion. A creditor may ask you to voluntarily disclose this information if youare applying for a home loan. A creditor may also ask about your residence orimmigration status;
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ask whether you are divorced or widowed;
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ask what is your marital status if you are applying forindividual, unsecured credit, unless you live in a community property state;
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ask you for information about your husband or wife. A creditormay ask about your spouse, or former spouse, if: your spouse is applying withyou; your spouse will be allowed to use the account; you are relying on yourspouse's income or on alimony or child support income from a former spouse; orif you reside in a community property state;
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ask about your plans for having or rearing children; or
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ask if you receive alimony, child support, or separatemaintenance payments.
When deciding whether to give you credit a creditor may not:
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consider your gender, marital status, race, color, nationalorigin, or religion;
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consider the race of the people who live in the neighborhoodwhere you want to buy, or improve, a house with borrowed money; or
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consider your age, unless you are too young to sign a bindingcontract, generally under 18 years of age, or if the information is to be usedto see whether your income will be reduced with retirement.
When evaluating your income, a creditor may not:
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refuse to consider public assistance income, alimony, childsupport, or separate maintenance payments if that income is receivedconsistently;
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discount income because of your gender or marital status or onany basis for which discrimination is prohibited;
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discount or refuse to consider income derived from pension,annuity, or retirement benefits programs; or
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discount or refuse to consider income derived from part-timeemployment, but you may have to show that this income can be expected tocontinue.
You also have the right to:
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have the credit in your birth name, your first name, and yourspouse's last name, or your first name and combined last names;
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obtain credit without a cosigner, if you meet the creditor sstandards;
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have a cosigner other than your husband or wife, if one isnecessary;
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keep your own account after you change your name, maritalstatus, reach a certain age, or retire, unless the creditor has evidence thatyou are unable or unwilling to pay;
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know within 30 days of filing your application whether it hasbeen accepted or rejected;
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know specifically why an application was rejected, sinceindefinite and vague reasons are illegal;
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learn the specific reasons why you were offered less favorableterms than those for which you applied; and
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receive copies of appraisal reports for credit that is to besecured by a dwelling.
If you think you have been discriminated against by a bank,savings and loan association, credit union, farm credit system institution,store, or other creditor:
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in being discouraged from applying for credit or a loan;
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in being given unfair terms for credit or a loan; or
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in being denied credit or a loan;
write to the agency in charge of enforcing the equal creditpractices of that lender.
A creditor must give you the name and address of the appropriateenforcement agency when it turns down the terms you request or denies youcredit. If a lender does not offer you this information or refuses to give it toyou, write to the appropriate agency in the list that follows. These agenciesmay not resolve individual complaints, but they will use consumer comments todecide which companies to investigate.
You should also complain if you think a lender is're dlining 're fusing to make loans, or setting different conditions forloans, on property in a community because of the area's racial, religious, orethnic population. When certain financial institutions try to get approval fromtheir regulatory agency to:
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obtain federal deposit insurance;
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establish a facility authorized to receive deposits, or relocatean existing office;
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merge or consolidate with, or acquire another institution;
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acquire deposits from another institution; or
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form a bank or savings association holding company;
individuals and community groups have an opportunity to commenton whether the institution is redlining as an objection to its approval for theproposed transaction. You can request the regulatory agency to place you on itsmailing list so you are aware of the comment period for:
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a nationally chartered bank (National or N.A. will be part of the name). Write to one of the district offices of the Comptroller of the Currency. For publications or additional information contact:
Comptroller of the Currency
Compliance Management
Independence Square
250 E Street, SW
Washington, DC 20219
(202) 874-5216
TTY: (202) 922-3275
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a bank holding company or state-chartered bank that is a member of the Federal Reserve System. Write to one of the Federal Reserve Banks or contact:
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
20th and C Streets, NW
Mail Stop 800
Washington, DC 20551-0001
(202) 452-3693
Fax: (202) 728-5850
www.federalreserve.gov
or
Board of Governors of the Federal Reserve System
Publications Services
20th and C Streets, NW
Mail Stop 127
Washington, DC 20551-0001
(202) 452-3245
a state-chartered bank insured by the Federal Deposit Insurance Corporation (it will display the FDIC symbol) and not a member of the Federal Reserve System. Write to one of the regional offices or to:
Federal Deposit Insurance Corporation
Consumer Affairs
550 17th Street, NW
Washington, DC 20429
(202) 736-0000
(800) 934-3342
TTY: (202) 942-3147
TTY: (800) 925-4618
www.fdic.gov
a federally insured savings association or federally chartered savings bank. Write to one of the regional offices of the Office of Thrift Supervision or to:
Office of Thrift Supervision
Consumer Programs
1700 G Street, NW
Washington, DC 20552
(202) 906-6237
(800) 842-6929
Fax: (202) 906-6326
www.ots.treas.gov
Although federal credit unions are not subject to the Community Reinvestment Act, they must comply with fair lending laws and the nondiscrimination rules issued by their regulators. Forward any complaint to one of the regional offices of the National Credit Union Administration or to:
National Credit Union Administration
Office of Public and Congressional Affairs
1775 Duke Street
Alexandria, VA 22314-3428
(703) 518-6300
TTY: (703) 518-6332
Fax: (703) 518-6429
www.ncua.gov
Complaints against a state-chartered credit union should be forwarded to the state office that oversees credit unions or to the Federal Trade Commission.
Complaints against an institution of the U.S. Cooperative Farm Credit System, such as farm credit banks, federal land bank associations,production credit associations, agricultural credit banks, federal land creditassociations, and agricultural credit associations should be forwarded to:
Farm Credit Administration
Office of Congressional and Public Affairs
1501 Farm Credit Drive
McLean, VA 22102-5090
(703) 883-4056
TTY: (703) 883-4444
Fax: (703) 790-3260
www.fca.gov
Complaints of discrimination in benefits or services provided byrecipients of Small Business Administration (SBA) financial assistance or SBAprogram offices should be forwarded to:
U.S. Small Business Administration
Equal Employment Opportunity and Civil Rights Compliance
409 Third Street, SW, Suite 6400
Washington, DC 20416
(202) 205-6750
TTY: (202) 205-7150
Fax: (202) 205-7580
www.sba.gov
If you think you have been discriminated against in violation of the Fair Housing Act, contact one of the HUD enforcement centers or:
U.S. Department of Housing and Urban Development
Fair Housing and Equal Opportunity
Office of Investigations
451 Seventh Street, SW, Room 5204
Washington, DC 20410-2000
(202) 619-8041
(202) 708-0836
Hot line: (800) 669-9777
TTY: (800) 927-9275
Fax: (202) 708-1425
www.hud.gov
Financial institutions have an obligation to meet the creditneeds of your community, even though it may be characterized by low- ormoderate-income residents. The Department of Justice handles discriminationcomplaints filed against all kinds of creditors. It may sue lenders who show apattern or practice of equal credit opportunity violations, or file suit incases referred to it by the agencies that initially investigate complaints. Tocontact the Department of Justice, call or write to:
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 514-4713
Fax: (202) 514-1116
www.usdoj.gov
For more information on discrimination in credit-lending andcredit-related services, including information about bringing suit under theEqual Credit Opportunity Act, call the Federal Trade Commission or write to:
Federal Trade Commission
Sixth Street and Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-3758
(202) 326-2222
Hot line: (866) 653-4261
TTY: (202) 326-2502
Fax: (202) 326-2050
www.ftc.gov
