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 lenders to victimize anyone in providing a residential genuine estate-related transaction or to prevent a candidate from submitting a loan application based upon race, color, national origin, religious beliefs, sex, familial status, or handicap.

    In specific, FHAct applies to financing or acquiring a mortgage loan secured by domestic realty. Specifically, a lender may not reject a loan or other financial assistance for the function of getting, building, enhancing, repairing, or preserving a house on any of the restricted 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 period of the loan on a prohibited basis.

    Furthermore, a loan provider may not reveal, orally or in writing, a preference based on any forbidden elements or show that it will deal with applicants differently on a restricted basis, even if the loan provider did not act upon that declaration. A violation might still exist even if a lending institution dealt with applicants equally.

    In addition, due to the fact that residential genuine estate-related transactions consist of any deals protected by domestic real estate, FHAct's prohibitions (and regulative requirements in particular locations, such as advertising) use to home equity credit lines in addition to to home purchase and refinancing loans. These prohibitions likewise apply to the selling, brokering, or appraising of domestic real residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, treatments and practices including housing financing should be broadly analyzed to make sure that the credit union does not otherwise make not available or .

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly restrict discrimination based on sexual preference or gender identity, HUD dealt with gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing 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 applies to housing assisted or guaranteed by HUD, therefore affecting Federal Housing Administration-approved lending institutions and others taking part in HUD programs. Specifically, a determination of eligibility for housing that is assisted by HUD or subject to a mortgage guaranteed by the Federal Housing Administration will be made in accordance with the eligibility requirements offered such program by HUD, and such housing shall be made readily available 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 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 Orientation and Gender Identity (Equal Access Rule) can be found here

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

    Definitions utilized 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