Fair Housing Act (FHA).

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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) guidelines (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 any person in offering a property genuine estate-related deal or to prevent an applicant from sending a loan application based upon race, color, national origin, religion, sex, familial status, or handicap.

In particular, FHAct uses to funding or purchasing a mortgage loan secured by domestic real estate. Specifically, a loan provider might not reject a loan or other financial assistance for the function of getting, constructing, improving, fixing, or preserving a dwelling on any of the prohibited bases noted above. FHAct likewise makes it illegal for a lending institution to use a prohibited basis to discriminate in setting the terms or of credit, such as the loan amount, rates of interest, or period of the loan on a prohibited basis.

Furthermore, a lending institution may not reveal, orally or in composing, a choice based upon any restricted factors or indicate that it will deal with applicants in a different way on a forbidden basis, even if the loan provider did not act on that statement. 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 property property, FHAct's restrictions (and regulatory requirements in particular areas, such as marketing) apply to home equity lines of credit in addition to to home purchase and refinancing loans. These prohibitions also apply to the selling, brokering, or appraising of residential real residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, procedures and practices involving housing finance must be broadly examined to ensure that the cooperative credit union does not otherwise make unavailable or reject housing.

Sexual Preference and Gender Identity

Although FHAct does not specifically forbid 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 Regardless of Sexual Orientation 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, thus 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 based on 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 will be made offered 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 effective 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 Despite 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 discovered here.
Subpart A - Generally Applicable Definitions and Requirements