Credit is used by millions of Americans to finance an education or a
house, get a small business loan, or to establish financial credibility.
A stable credit history is particularly essential for creating a landlord/tenant
relationship.
Any applicant for a Lee Street Management apartment may regard the
ECOA as the minimum standard against which we must be measured. If you
feel your apartment application has been improperly evaluated or interpreted,
please call our office immediately. We will encourage you to present
any additional information that might help us better understand and/or
reassess your financial circumstances. Toward that end, Lee Street Management
has prepared the following summary of the ECOA. We hope it will answer
any questions you may have about your rights or our responsibilities.
The Equal Credit Opportunity Act (ECOA) ensures that all consumers are
given an equal chance to obtain credit. This doesn't mean all consumers
who apply for credit get it: Factors such as income, expenses, debt, and
credit history are considerations for creditworthiness.
The law protects you when you deal with any creditor who regularly extends
credit, including banks, small loan and finance companies, retail and
department stores, credit card companies, and credit unions. Anyone involved
in granting credit, such as real estate brokers who arrange financing,
is covered by the law. Businesses applying for credit also are protected
by the law.
When You Apply For Credit, A Creditor May Not:
- Discourage you from applying because of your sex, marital status,
age, race, national origin, or because you receive public assistance
income.
- Ask you to reveal your sex, race, national origin, or religion. A
creditor may ask you to voluntarily disclose this information (except
for religion) if you're applying for a real estate loan. This information
helps federal agencies enforce anti-discrimination laws. You may be
asked about your residence or immigration status.
- Ask if you're widowed or divorced. When permitted to ask marital status,
a creditor may only use the terms: married, unmarried, or separated.
- Ask about your marital status if you're applying for a separate, unsecured
account. A creditor may ask you to provide this information if you live
in "community property" states: Arizona, California, Idaho, Louisiana,
Nevada, New Mexico, Texas, and Washington. A creditor in any state may
ask for this information if you apply for a joint account or one secured
by property.
- Request information about your spouse, except when your spouse is
applying with you; your spouse will be allowed to use the account; you
are relying on your spouse's income or on alimony or child support income
from a former spouse; or if you reside in a community property state.
- Inquire about your plans for having or raising children.
- Ask if you receive alimony, child support, or separate maintenance
payments, unless you're first told that you don't have to provide
this information if you won't rely on these payments to get credit.
A creditor may ask if you have to pay alimony, child support, or separate
maintenance payments.
When Deciding To Give You Credit, A Creditor May Not:
- Consider your sex, marital status, race, national origin, or religion.
- Consider whether you have a telephone listing in your name. A creditor
may consider whether you have a phone.
- Consider the race of people in the neighborhood where you want to
buy, refinance or improve a house with borrowed money.
- Consider your age, unless:
- you're too young to sign contracts, generally younger than 18
years of age;
- you're 62 or older, and the creditor will favor you because of
your age;
- it's used to determine the meaning of other factors important
to creditworthiness. For example, a creditor could use your age
to determine if your income might drop because you're about to retire;
- it's used in a valid scoring system that favors applicants age
62 and older. A credit-scoring system assigns points to answers
you provide to credit application questions. For example, your length
of employment might be scored differently depending on your age.
When Evaluating Your Income, A Creditor May Not:
- Refuse to consider public assistance income the same way as other
income.
- Discount income because of your sex or marital status. For example,
a creditor cannot count a man's salary at 100 percent and a woman's
at 75 percent. A creditor may not assume a woman of childbearing age
will stop working to raise children.
- Discount or refuse to consider income because it comes from part-time
employment or pension, annuity, or retirement benefits programs.
- Refuse to consider regular alimony, child support, or separate maintenance
payments. A creditor may ask you to prove you have received this income
consistently.
You Also Have The Right To:
- Have credit in your birth name (Mary Smith), your first and your spouse's
last name (Mary Jones), or your first name and a combined last name
(Mary Smith-Jones).
- Get credit without a cosigner, if you meet the creditor's standards.
- Have a cosigner other than your husband or wife, if one is necessary.
- Keep your own accounts after you change your name, marital status,
reach a certain age, or retire, unless the creditor has evidence that
you're not willing or able to pay.
- Know whether your application was accepted or rejected within 30 days
of filing a complete application.
- Know why your application was rejected. The creditor must give you
a notice that tells you either the specific reasons for your rejection
or your right to learn the reasons if you ask within 60 days.
- Acceptable reasons include: "Your income was low," or "You haven't
been employed long enough." Unacceptable reasons are: "You didn't meet
our minimum standards," or "You didn't receive enough points on our
credit-scoring system." Indefinite and vague reasons are illegal, so
ask the creditor to be specific.
- Find out why you were offered less favorable terms than you applied
for-unless you accept the terms. Ask for details. Examples of less favorable
terms include higher finance charges or less money than you requested.
- Find out why your account was closed or why the terms of the account
were made less favorable unless the account was inactive or delinquent.
A Special Note To Women
A good credit history-a record of how you paid past bills-often is necessary
to get credit. Unfortunately, this hurts many married, separated, divorced,
and widowed women. There are two common reasons women don't have credit
histories in their own names: they lost their credit histories when they
married and changed their names; or creditors reported accounts shared
by married couples in the husband's name only.
If you're married, divorced, separated, or widowed, contact your local
credit bureau(s) to make sure all relevant information is in a file under
your own name.
If You Suspect Discrimination:
- Complain to the creditor. Make it known you're aware of the law. The
creditor may find an error or reverse the decision.
- Check with your state Attorney General to see if the creditor violated
state equal credit opportunity laws. Your state may decide to prosecute
the creditor.
- Bring a case in federal district court. If you win, you can recover
damages, including punitive damages. You also can obtain compensation
for attorney's fees and court costs. An attorney can advise you on
how to proceed.
- Join with others and file a class action suit. You may recover punitive
damages for the group of up to $500,000 or one percent of the creditor's
net worth, whichever is less.
- Report violations to the appropriate government agency. If you're
denied credit, the creditor must give you the name and address of the
agency to contact. While these agencies don't resolve individual complaints,
the information you provide helps them decide which companies to investigate
and may indicate a pattern of possible law violations that require action
by the Commission.
- The FTC will not intervene in individual disputes.