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 amended. FHAct makes it unlawful for loan providers to discriminate versus anybody in making offered a residential genuine estate-related deal or to dissuade a candidate from sending a loan application based on race, color, nationwide origin, faith, sex, familial status, or handicap.

    In specific, FHAct uses to financing or purchasing a mortgage loan protected by domestic genuine estate. Specifically, a lending institution might not deny a loan or other financial assistance for the function of getting, constructing, improving, fixing, or preserving a home on any of the restricted bases noted above. FHAct also makes it illegal for a lending institution to utilize a restricted basis to discriminate in setting the terms or conditions of credit, such as the loan quantity, interest rate, or period of the loan on a forbidden basis.

    Furthermore, a lending institution might not reveal, orally or in writing, a choice based upon any forbidden factors or suggest that it will deal with applicants in a different way on a forbidden basis, even if the lender did not act on that declaration. An infraction may still exist even if a loan provider dealt with applicants similarly.

    In addition, since residential real estate-related deals consist of any deals secured by domestic property, FHAct's prohibitions (and regulatory requirements in certain locations, such as advertising) apply to home equity credit lines along with to home purchase and refinancing loans. These restrictions 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, treatments and practices including housing financing need to be broadly analyzed to ensure that the cooperative credit union does not otherwise make not available or deny housing.

    Sexual Preference and Gender Identity

    Although FHAct does not specifically prohibit discrimination based on sexual orientation or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by providing the Equal Access to Housing in HUD Programs No Matter Sexual Preference or Gender Identity Rule (Equal Access Rule, 77 Fed. Reg. 5662, Feb. 3, 2012). The Equal Access Rule uses to housing helped or insured by HUD, thereby affecting Federal Housing Administration-approved loan providers 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 offered such program by HUD, and such housing shall be provided without regard to real or viewed 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 found here

    For Equal Access to Housing in HUD Programs Regardless of 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 utilized 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