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 implemented 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 lending institutions to victimize any individual in providing a domestic genuine estate-related deal or to discourage a candidate from submitting a loan application based upon race, color, nationwide origin, faith, sex, familial status, or handicap.

    In specific, FHAct uses to financing or purchasing a mortgage loan protected by domestic property. Specifically, a lender might not reject a loan or other monetary support for the purpose of purchasing, constructing, enhancing, fixing, or preserving a home on any of the forbidden bases noted above. FHAct likewise makes it illegal for a lender to use a restricted basis to discriminate in setting the terms or conditions of credit, such as the loan amount, rate of interest, or period of the loan on a restricted basis.

    Furthermore, a lending institution might not reveal, orally or in writing, a choice based on any forbidden elements or show that it will treat applicants differently on a forbidden basis, even if the loan provider did not act upon that declaration. An infraction might still exist even if a lender dealt with applicants equally.

    In addition, since residential real estate-related transactions consist of any transactions secured by residential realty, FHAct's restrictions (and regulative requirements in particular locations, such as advertising) apply to home equity credit lines as well as to home purchase and refinancing loans. These prohibitions also apply to the selling, brokering, or appraising of property real residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, procedures and practices including housing finance ought to be broadly examined to ensure that the credit union does not otherwise make not available or reject housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not specifically restrict discrimination based upon sexual orientation or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by issuing 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 uses to housing assisted or insured by HUD, consequently affecting Federal Housing Administration-approved lenders and others taking part in HUD programs. Specifically, a decision of eligibility for housing that is assisted by HUD or subject to a mortgage guaranteed by the Federal Housing Administration shall be made in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to real or perceived sexual preference, 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 discovered here

    For Equal Access to Housing in HUD Programs No Matter Sexual Orientation and Gender Identity (Equal Access Rule) can be discovered here

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

    Definitions used in:

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