On April 22, NYDFS issued an industry letter to all entities regulated by the department under the New York Banking Law, outlining their obligations under New York’s fair lending law, N.Y. Executive Law § 296-a. The letter states that NYDFS is authorized to enforce New York’s fair lending laws and to impose penalties for violations of federal fair lending laws, citing N.Y. Executive Law § 296-a (8), N.Y. Banking Law § 9-d, and N.Y. Financial Services Law § 408(a)(1)(B). NYDFS reminded regulated entities that “covered credit decisions” resulting in a disparate impact may constitute an unlawful discriminatory practice under Section 296-a. The letter references prior consent orders the department has entered with three New York-based banks as examples of its fair lending enforcement authority. The letter provides that Section 296-a prohibits discrimination in credit-related decisions — including the granting, withholding, extending, or renewing of credit and the setting of rates, terms, or conditions — on the basis of “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.”