Fair Housing Act (FHA).
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1. Home

  1. > Regulation and Supervision
  2. > Manuals and Guides
  3. > Federal Consumer Financial Protection Guide
  4. > Compliance Management

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    Fair Housing Act (FHA)

    Federal Consumer Financial Protection Guide
    Compliance ManagementCompliance Management Systems and Compliance Risk
    Consumer Leasing Act (Regulation M).
    Fair Credit Reporting Act (Regulation V).
    Homeowners Protection Act (PMI Cancellation Act).
    Military Lending Act (MLA).
    Real Estate Settlement Procedures Act (Regulation X).
    Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) (Regulation G).
    Servicemembers Civil Relief Act (SCRA).
    Small Dollar Lending and Payday Alternative Loans.
    Truth in Lending Act (Regulation Z).
    Equal Credit Opportunity Act (Regulation B).
    Fair Housing Act (FHA).
    Home Mortgage Disclosure Act (Regulation C).
    Electronic Fund Transfer Act (Regulation E).
    Expedited Funds Availability Act (Regulation CC).
    Truth in Savings Act (NCUA Rules & Regulations Part 707).
    Children's Online Privacy Protection Act.
    Privacy of Consumer Financial Information (Regulation P).
    Unfair, Deceptive, or Abusive Acts or Practices (UDAAP).
    Electronic Signatures in Global and National Commerce Act (E-Sign Act).


    Fair Housing Act (FHAct, 42 U.S.C. § 3601 et seq.), which is carried out by the Department of Housing and Urban Development's (HUD) regulations (24 CFR Part 100), was enacted as Sections 800 to 820 of Title VIII of the Civil Rights Act of 1968, as changed. FHAct makes it illegal for loan providers to discriminate versus anybody in making offered a domestic real estate-related deal or to discourage an applicant from sending a loan application based on race, color, nationwide origin, faith, sex, familial status, or handicap.

    In particular, FHAct applies to funding or acquiring a mortgage loan protected by property realty. Specifically, a lender may not deny a loan or other monetary support for the purpose of getting, building, improving, fixing, or keeping a dwelling on any of the prohibited bases noted above. FHAct likewise makes it unlawful for a lending institution to utilize a forbidden basis to discriminate in setting the terms or conditions of credit, such as the loan quantity, rates of interest, or duration of the loan on a prohibited basis.

    Furthermore, a lender might not reveal, orally or in composing, a choice based upon any restricted elements or suggest that it will deal with applicants differently on a restricted basis, even if the lending institution did not act on that declaration. A violation may still exist even if a lending institution treated candidates equally.

    In addition, because property genuine estate-related transactions consist of any deals secured by residential property, FHAct's restrictions (and regulative requirements in specific areas, such as marketing) apply to home equity credit lines along with to home purchase and refinancing loans. These prohibitions also use to the selling, brokering, or appraising of property genuine residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, treatments and practices involving housing financing must be broadly analyzed to guarantee that the cooperative credit union does not otherwise make unavailable or reject housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly restrict discrimination based on sexual orientation or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing the Equal Access to Housing in HUD Programs Despite Sexual Preference or Gender Identity Rule (Equal Access Rule, 77 Fed. Reg. 5662, Feb. 3, 2012). The Equal Access Rule applies to housing helped or insured by HUD, thus impacting Federal Housing Administration-approved lenders and others participating in HUD programs. Specifically, a decision of eligibility for housing that is assisted by HUD or based on a mortgage insured by the Federal Housing Administration will be made in accordance with the eligibility requirements offered such program by HUD, and such housing shall be provided without regard to actual or viewed sexual orientation, gender identity, or marital status. (24 CFR § § 5.100 and 5.105( a)( 2 )). The Equal Access Rule became efficient on March 5, 2012.

    Fair Housing Act (FHAct, 42 U.S.C. § 3601) can be found here

    HUD's Regulations (24 CFR Part 100) can be found here

    For Equal Access to Housing in HUD Programs Regardless of Sexual Preference and Gender Identity (Equal Access Rule) can be discovered here

    NCUA Rules and Regulations 12 CFR § 701.31 can be found here

    Definitions used in:

    - FHAct (42 U.S.C. § 3602) can be found here.
  5. HUD Regulations (24 CFR § 100.20) can be discovered here.
  6. Subpart A - Generally Applicable Definitions and Requirements