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) policies (24 CFR Part 100), was enacted as Sections 800 to 820 of Title VIII of the Civil Rights Act of 1968, as modified. FHAct makes it illegal for loan providers to victimize any individual in making readily available a domestic genuine estate-related transaction or to dissuade an applicant from sending a loan application based on race, color, national origin, faith, sex, familial status, or handicap.

    In particular, FHAct uses to financing or purchasing a mortgage loan protected by domestic genuine estate. Specifically, a loan provider may not deny a loan or other financial help for the purpose of buying, constructing, improving, fixing, or preserving a residence on any of the forbidden bases kept in mind above. FHAct also makes it illegal for a loan provider to utilize a forbidden 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 loan provider may not reveal, orally or in composing, a choice based upon any prohibited elements or show that it will deal with applicants in a different way on a prohibited basis, even if the lending institution did not act upon that declaration. An offense might still exist even if a lender dealt with candidates equally.

    In addition, due to the fact that domestic genuine estate-related transactions consist of any transactions secured by domestic realty, FHAct's prohibitions (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 restrictions likewise apply to the selling, brokering, or appraising of domestic genuine residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, procedures and practices involving housing financing should be broadly examined to guarantee that the credit union does not otherwise make unavailable or deny housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not specifically prohibit discrimination based upon sexual preference or gender identity, HUD addressed gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by providing the Equal Access to Housing in HUD Programs Despite 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, thereby affecting Federal Housing Administration-approved loan providers and others taking part in HUD programs. Specifically, a determination of eligibility for housing that is helped by HUD or subject to a mortgage insured by the Federal Housing Administration shall be made in accordance with the eligibility requirements attended to such program by HUD, and such housing shall be provided without regard to real or perceived sexual preference, gender identity, or marital status. (24 CFR § § 5.100 and 5.105( a)( 2 )). The Equal Access Rule became 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 Regardless of Sexual Preference and Gender Identity (Equal Access Rule) can be discovered 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 discovered here.
  6. Subpart A - Generally Applicable Definitions and Requirements