12 C.F.R. § 1002.7

§ 1002.7 Rules concerning extensions of credit. (12 CFR Part 1002)

In Force
Verified 8/21/2026 · Next check 9/20/2026
effective 8/21/2026FederalAffordable Housing Programs

Operative Text

12 C.F.R. § 1002.7
(a) Individual accounts. A creditor shall not refuse to grant an individual account to a creditworthy applicant on the basis of sex, marital status, or any other prohibited basis.

(b) Designation of name. A creditor shall not refuse to allow an applicant to open or maintain an account in a birth-given first name and a surname that is the applicant's birth-given surname, the spouse's surname, or a combined surname.

(c) Action concerning existing open-end accounts—(1) Limitations. In the absence of evidence of the applicant's inability or unwillingness to repay, a creditor shall not take any of the following actions regarding an applicant who is contractually liable on an existing open-end account on the basis of the applicant's reaching a certain age or retiring or on the basis of a change in the applicant's name or marital status:

(i) Require a reapplication, except as provided in paragraph (c)(2) of this section;

(ii) Change the terms of the account; or

(iii) Terminate the account.

(2) Requiring reapplication. A creditor may require a reapplication for an open-end account on the basis of a change in the marital status of an applicant who is contractually liable if the credit granted was based in whole or in part on income of the applicant's spouse and if information available to the creditor indicates that the applicant's income may not support the amount of credit currently available.

(d) Signature of spouse or other person—(1) Rule for qualified applicant. Except as provided in this paragraph, a creditor shall not require the signature of an applicant's spouse or other person, other than a joint applicant, on any credit instrument if the applicant qualifies under the creditor's standards of creditworthiness for the amount and terms of the credit requested. A creditor shall not deem the submission of a joint financial statement or other evidence of jointly held assets as an application for joint credit.

(2) Unsecured credit. If an applicant requests unsecured credit and relies in part upon property that the applicant owns jointly with another person to satisfy the creditor's standards of creditworthiness, the creditor may require the signature of the other person only on the instrument(s) necessary, or reasonably believed by the creditor to be necessary, under the law of the state in which the property is located, to enable the creditor to reach the property being relied upon in the event of the death or default of the applicant.

(3) Unsecured credit—community property states. If a married applicant requests unsecured credit and resides in a community property state, or if the applicant is relying on property located in such a state, a creditor may require the signature of the spouse on any instrument necessary, or reasonably believed by the creditor to be necessary, under applicable state law to make the community property available to satisfy the debt in the event of default if:

(i) Applicable state law denies the applicant power to manage or control sufficient community property to qualify for the credit requested under the creditor's standards of creditworthiness; and

(ii) The applicant does not have sufficient separate property to qualify for the credit requested without regard to community property.

(4) Secured credit. If an applicant requests secured credit, a creditor may require the signature of the applicant's spouse or other person on any instrument necessary, or reasonably believed by the creditor to be necessary, under applicable state law to make the property being offered as security available to satisfy the debt in the event of default, for example, an instrument to create a valid lien, pass clear title, waive inchoate rights, or assign earnings.

(5) Additional parties. If, under a creditor's standards of creditworthiness, the personal liability of an additional party is necessary to support the credit requested, a creditor may request a cosigner, guarantor, endorser, or similar party. The applicant's spouse may serve as an additional party, but the creditor shall not require that the spouse be the additional party.

(6) Rights of additional parties. A creditor shall not impose requirements upon an additional party that the creditor is prohibited from imposing upon an applicant under this section.

(e) Insurance. A creditor shall not refuse to extend credit and shall not terminate an account because credit life, health, accident, disability, or other credit-related insurance is not available on the basis of the applicant's age.
Source: Legislative text reproduced verbatim
Plain English

Section 1002.7 of 12 CFR Part 1002 establishes rules about how creditors may handle credit accounts in relation to protected characteristics. The provision bars creditors from denying individual accounts based on sex, marital status, or other prohibited bases, and prevents them from closing, changing, or requiring reapplication on existing accounts simply because a person ages, retires, or changes their name or marital status. It also limits when a creditor can demand a spouse's or third party's signature on credit instruments, and prohibits denying credit solely because certain insurance products are unavailable due to an applicant's age.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who extend credit — for example, in connection with financing arrangements or rent-to-own agreements — should be aware that § 1002.7 governs how creditworthy applicants must be treated regardless of sex, marital status, age, or retirement status. Compliant operators generally evaluate applicants on creditworthiness standards applied uniformly, avoid requiring spousal co-signatures unless specific legal conditions tied to property or community property law are met, and do not alter or close existing open-end accounts based solely on a change in an applicant's name or marital status. Operators also generally permit applicants to use their birth-given or combined surname when opening or maintaining an account.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 1002.7, applicants have the right to be evaluated for individual credit accounts without discrimination based on sex, marital status, or other prohibited characteristics, and to use their preferred surname combination when opening or maintaining an account. If a creditor demands a spouse's signature without a legally recognized basis, requires reapplication or changes account terms solely due to aging, retirement, or a name change, or denies credit because of insurance unavailability tied to age, these actions may constitute violations of this provision. Tenants or applicants who believe their rights under § 1002.7 have been violated can explore options such as filing a complaint with the Consumer Financial Protection Bureau, contacting a local tenant-rights or consumer-rights organization, or consulting with a legal aid office familiar with fair lending law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Aug 21, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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