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 unlawful for lending institutions to discriminate against anyone in offering a property genuine estate-related deal or to discourage a candidate from submitting a loan application based upon race, color, nationwide origin, religious beliefs, sex, familial status, or handicap.

    In specific, FHAct uses to funding or acquiring a mortgage loan protected by residential genuine estate. Specifically, a loan provider might not reject a loan or other monetary assistance for the function of getting, constructing, improving, fixing, or preserving a house on any of the restricted bases kept in mind above. FHAct likewise makes it unlawful for a lender to use a forbidden 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 restricted basis.

    Furthermore, a loan provider may not express, orally or in composing, a choice based on any restricted aspects or show that it will treat applicants differently on a restricted basis, even if the lending institution did not act upon that declaration. An infraction may still exist even if a lending institution treated candidates similarly.

    In addition, because residential real estate-related transactions consist of any deals secured by property realty, FHAct's restrictions (and regulative requirements in certain areas, such as marketing) apply to home equity lines of credit in addition to to home purchase and refinancing loans. These prohibitions likewise use 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, treatments and practices including housing financing ought to be broadly analyzed to ensure that the cooperative credit union does not otherwise make unavailable or deny housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly restrict discrimination based on 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 Despite 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 guaranteed by HUD, consequently affecting Federal Housing Administration-approved lending institutions 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 offered for such program by HUD, and such housing will be provided 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 found 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 discovered here

    Definitions used 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