1 Fair Housing Act (FHA).
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1. Home 2. > Regulation and Supervision 3. > Manuals and Guides 4. > Federal Consumer Financial Protection Guide 5. > 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) guidelines (24 CFR Part 100), was enacted as Sections 800 to 820 of Title VIII of the Civil Liberty Act of 1968, as amended. FHAct makes it unlawful for lenders to discriminate versus any individual in making readily available a property genuine estate-related deal or to prevent an applicant from submitting a loan application based on race, color, national origin, faith, sex, familial status, or handicap.

In particular, FHAct applies to financing or purchasing a mortgage loan protected by domestic realty. Specifically, a lender might not reject a loan or other monetary support for the function of getting, constructing, enhancing, fixing, or preserving a residence on any of the noted above. FHAct also makes it illegal for a loan provider to use a prohibited basis to discriminate in setting the terms or conditions of credit, such as the loan quantity, rate of interest, or duration of the loan on a restricted basis.

Furthermore, a lender may not reveal, orally or in writing, a choice based on any forbidden elements or show that it will deal with candidates differently on a prohibited basis, even if the loan provider did not act upon that statement. A violation might still exist even if a lending institution treated candidates similarly.

In addition, due to the fact that property real estate-related deals include any transactions protected by residential realty, FHAct's prohibitions (and regulatory requirements in specific areas, such as marketing) use to home equity lines of credit along with to home purchase and refinancing loans. These restrictions likewise apply to the selling, brokering, or appraising of domestic real residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, treatments and practices involving housing finance ought to be broadly taken a look at to make sure that the cooperative credit union does not otherwise make not available or deny housing.

Sexual Orientation and Gender Identity

Although FHAct does not expressly restrict discrimination based upon sexual orientation or gender identity, HUD dealt with gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing the Equal Access to Housing in HUD Programs Despite Sexual Orientation 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, therefore impacting 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 will be made in accordance with the eligibility requirements offered such program by HUD, and such housing shall be made readily available without regard to actual or perceived sexual orientation, gender identity, or marital status. (24 CFR § § 5.100 and 5.105( a)( 2 )). The Equal Access Rule ended up being effective on March 5, 2012.

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

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

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

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

Definitions used in:

- FHAct (42 U.S.C. § 3602) can be discovered here.

  • HUD Regulations (24 CFR § 100.20) can be found here.
  • Subpart A - Generally Applicable Definitions and Requirements