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 discriminate against anybody in offering a property real estate-related transaction or to discourage an applicant from sending a loan application based on race, color, national origin, religion, sex, familial status, or handicap.

    In particular, FHAct applies to financing or purchasing a mortgage loan protected by residential genuine estate. Specifically, a loan provider may not reject a loan or other financial help for the function of getting, building, enhancing, fixing, or maintaining a home on any of the forbidden bases noted above. FHAct also makes it illegal for a lending institution to use a restricted basis to discriminate in setting the terms or conditions of credit, such as the loan amount, interest rate, or duration of the loan on a forbidden basis.

    Furthermore, a lender might not express, orally or in composing, a preference based upon any restricted factors or indicate that it will deal with applicants in a different way on a prohibited basis, even if the lender did not act on that declaration. An infraction might still exist even if a lender dealt with applicants similarly.

    In addition, due to the fact that residential real estate-related transactions include any transactions protected by property property, FHAct's restrictions (and regulative requirements in specific areas, such as marketing) 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 real residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, procedures and practices involving housing finance must be broadly analyzed to make sure that the credit union does not otherwise make not available or reject housing.

    Sexual Preference and Gender Identity

    Although FHAct does not specifically forbid discrimination based upon sexual orientation or gender identity, HUD dealt with gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by issuing the Equal Access to Housing in HUD Programs Regardless of 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, therefore affecting Federal Housing Administration-approved lenders and others taking part in HUD programs. Specifically, a determination of eligibility for housing that is helped by HUD or subject to a mortgage guaranteed by the Federal Housing Administration will be made in accordance with the eligibility requirements provided for 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 ended up being 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 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.
  5. HUD Regulations (24 CFR § 100.20) can be found here.
  6. Subpart A - Generally Applicable Definitions and Requirements