2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, age, sex, marital status, status as a victim of
domestic violence, disability, or familial status, (i) an applicant or
class of applicants is denied credit in circumstances where other
applicants of like overall credit worthiness are granted credit, or (ii)
special requirements or conditions, such as requiring co-obligors or
reapplication upon marriage, are imposed upon an applicant or class of
applicants in circumstances where similar requirements or conditions are
not imposed upon other applicants of like overall credit worthiness.
3. It shall not be considered discriminatory if credit
differentiations or decisions are based upon factually supportable,
objective differences in applicants' overall credit worthiness, which
may include reference to such factors as current income, assets and
prior credit history of such applicants, as well as reference to any
other relevant factually supportable data; provided, however, that no
creditor shall consider, in evaluating the credit worthiness of an
applicant, aggregate statistics or assumptions relating to race, creed,
color, national origin, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex,
marital status, status as a victim of domestic violence or disability,
or to the likelihood of any group of persons bearing or rearing
children, or for that reason receiving diminished or interrupted income
in the future.