1 Fair Housing Act (FHA).
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1. Home 2. > Regulation and Supervision 3. > Manuals and Guides 4. > Federal Consumer Financial Protection Guide 5. > 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) guidelines (24 CFR Part 100), was enacted as Sections 800 to 820 of Title VIII of the Civil Liberty Act of 1968, as changed. FHAct makes it unlawful for lending institutions to victimize anyone in making available a property real estate-related transaction or to prevent a candidate from submitting a loan application based upon race, color, nationwide origin, religion, sex, familial status, or handicap.

In specific, FHAct applies to funding or buying a mortgage loan protected by property property. Specifically, a lender might not deny a loan or other financial assistance for the function of buying, building, improving, fixing, or preserving a residence on any of the prohibited bases kept in mind above. FHAct likewise makes it unlawful for a lender to use a restricted 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 prohibited basis.

Furthermore, a loan provider may not reveal, orally or in writing, a choice based upon any forbidden factors or indicate that it will deal with candidates differently on a restricted basis, even if the lending institution did not act on that statement. A violation may still exist even if a lending institution treated candidates equally.

In addition, because residential real estate-related transactions consist of any transactions secured by residential realty, FHAct's prohibitions (and regulative requirements in particular locations, such as marketing) apply to home equity credit lines 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 including housing financing should be broadly taken a look at to make sure that the cooperative credit union does not otherwise make not available or deny housing.

Sexual and Gender Identity

Although FHAct does not expressly forbid 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 Regardless of 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 insured by HUD, therefore impacting Federal Housing Administration-approved lenders and others participating 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 supplied for such program by HUD, and such housing shall be provided without regard to actual or perceived 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 discovered 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 utilized 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