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 carried out 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 lending institutions to discriminate against any person in making offered a domestic real estate-related transaction or to prevent an applicant from sending a loan application based on race, color, national origin, faith, sex, familial status, or handicap.

    In particular, FHAct applies to financing or acquiring a mortgage loan protected by property realty. Specifically, a lender may not deny a loan or other monetary help for the purpose of buying, constructing, enhancing, repairing, or preserving a residence on any of the restricted bases kept in mind above. FHAct likewise makes it illegal for a lender to utilize a prohibited basis to discriminate in setting the terms or conditions of credit, such as the loan amount, interest rate, or period of the loan on a prohibited basis.

    Furthermore, a loan provider may not express, orally or in composing, a choice based upon any restricted elements or indicate that it will treat candidates in a different way on a forbidden basis, even if the loan provider did not act on that declaration. An offense might still exist even if a lender dealt with applicants equally.

    In addition, because property genuine estate-related transactions consist of any deals protected by residential realty, FHAct's restrictions (and regulatory requirements in specific locations, such as advertising) 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 residential genuine residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, treatments and practices involving housing finance need to be broadly examined to guarantee that the cooperative credit union does not otherwise make unavailable or deny housing.

    Sexual Preference and Gender Identity

    Although FHAct does not specifically restrict discrimination based on sexual preference or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by issuing 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, thereby impacting Federal Housing Administration-approved lending institutions and others taking part in HUD programs. Specifically, a decision of eligibility for housing that is assisted by HUD or based on 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 offered without regard to actual or perceived sexual preference, 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 discovered here

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

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

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

    Definitions utilized 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