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 executed 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 amended. FHAct makes it illegal for lenders to victimize any individual in offering a domestic real estate-related transaction or to dissuade a candidate from submitting a loan application based on race, color, national origin, religion, sex, familial status, or handicap.

    In specific, FHAct applies to funding or acquiring a mortgage loan protected by domestic property. Specifically, a loan provider may not reject a loan or other monetary support for the purpose of getting, constructing, enhancing, fixing, or preserving a dwelling on any of the restricted bases noted above. FHAct also 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 duration of the loan on a prohibited basis.

    Furthermore, a lender might not express, orally or in writing, a preference based on any restricted elements or indicate that it will treat candidates differently on a forbidden basis, even if the lending institution did not act on that statement. An offense might still exist even if a lending institution dealt with applicants similarly.

    In addition, due to the fact that property real estate-related deals consist of any deals protected by domestic real estate, FHAct's prohibitions (and regulative requirements in specific areas, such as advertising) apply to home equity credit lines in addition to to home purchase and refinancing loans. These restrictions likewise use to the selling, brokering, or appraising of property genuine residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, treatments and practices involving housing financing ought to be broadly analyzed to ensure that the credit union does not otherwise make not available or .

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly prohibit discrimination based upon 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 Regardless of Sexual Orientation or Gender Identity Rule (Equal Access Rule, 77 Fed. Reg. 5662, Feb. 3, 2012). The Equal Access Rule applies to housing assisted or guaranteed by HUD, thus affecting Federal Housing Administration-approved lending institutions and others taking part in HUD programs. Specifically, a determination 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 attended to such program by HUD, and such housing will be offered without regard to real 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 found here

    NCUA Rules and Regulations 12 CFR § 701.31 can be discovered 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