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 executed 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 amended. FHAct makes it unlawful for lenders to victimize anybody in offering a property real estate-related transaction or to discourage an applicant from sending a loan application based on race, color, nationwide origin, faith, sex, familial status, or handicap.

    In particular, FHAct uses to financing or acquiring a mortgage loan secured by residential real estate. Specifically, a loan provider may not reject a loan or other monetary assistance for the function of getting, building, improving, repairing, or keeping a home on any of the prohibited bases noted above. FHAct also 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 amount, interest rate, or duration of the loan on a prohibited basis.

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

    In addition, due to the fact that domestic genuine estate-related deals include any transactions protected by domestic property, FHAct's prohibitions (and regulatory requirements in specific locations, such as advertising) apply to home equity credit lines along with 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 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 Orientation and Gender Identity

    Although FHAct does not specifically forbid discrimination based upon sexual preference or gender identity, HUD addressed 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 applies to housing assisted or insured by HUD, thus impacting Federal Housing Administration-approved lenders 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 shall be made in accordance with the eligibility requirements offered for such program by HUD, and such housing will be offered without regard to real 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 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 found here

    For Equal Access to Housing in HUD Programs Despite Sexual Orientation and Gender Identity (Equal Access Rule) can be discovered here

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

    Definitions utilized in:

    - FHAct (42 U.S.C. § 3602) can be here.
  5. HUD Regulations (24 CFR § 100.20) can be found here.
  6. Subpart A - Generally Applicable Definitions and Requirements