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 Liberty Act of 1968, as modified. FHAct makes it illegal for loan providers to discriminate against any individual in offering a domestic real estate-related transaction or to discourage an applicant from submitting a loan application based upon race, color, nationwide origin, religion, sex, familial status, or handicap.

    In specific, FHAct uses to funding or purchasing a mortgage loan secured by property real estate. Specifically, a loan provider might not reject a loan or other financial support for the purpose of purchasing, constructing, improving, repairing, or preserving a dwelling on any of the forbidden bases kept in mind above. FHAct likewise makes it illegal for a lending institution to utilize a forbidden basis to discriminate in setting the terms or conditions of credit, such as the loan amount, rate of interest, or period of the loan on a prohibited basis.

    Furthermore, a loan provider may not reveal, orally or in writing, a choice based upon any restricted aspects or suggest that it will treat candidates differently on a restricted basis, even if the lending institution did not act upon that declaration. An infraction might still exist even if a loan provider dealt with candidates similarly.

    In addition, due to the fact that domestic real estate-related deals consist of any transactions secured by residential realty, FHAct's prohibitions (and regulatory requirements in particular areas, such as advertising) apply to home equity lines of credit as well as to home purchase and refinancing loans. These restrictions likewise apply to the selling, brokering, or appraising of property real residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, procedures and practices involving housing financing ought to be broadly taken a look at to ensure that the 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 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 No Matter 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 guaranteed by HUD, therefore impacting Federal Housing Administration-approved loan providers and others participating in HUD programs. Specifically, a determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by the Federal Housing Administration shall 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 viewed sexual orientation, gender identity, or marital status. (24 CFR § § 5.100 and 5.105( a)( 2 )). The Equal Access Rule ended up being reliable 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 No Matter Sexual Orientation 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 found here.
  6. Subpart A - Generally Applicable Definitions and Requirements