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) policies (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 unlawful for lenders to discriminate against anyone in making offered a domestic real estate-related deal or to prevent an applicant from submitting a loan application based upon race, color, national origin, religious beliefs, sex, familial status, or handicap.

    In specific, FHAct uses to funding or acquiring a mortgage loan protected by . Specifically, a loan provider may not deny a loan or other financial help for the purpose of getting, constructing, improving, repairing, or maintaining a house on any of the forbidden bases kept in mind above. FHAct likewise makes it illegal for a lending institution to use a forbidden basis to discriminate in setting the terms or conditions of credit, such as the loan amount, rates of interest, or period of the loan on a prohibited basis.

    Furthermore, a lending institution might not express, orally or in writing, a preference based on any restricted aspects or suggest that it will deal with candidates in a different way on a forbidden basis, even if the lending institution did not act on that declaration. An infraction may still exist even if a loan provider treated applicants similarly.

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

    Sexual Preference and Gender Identity

    Although FHAct does not specifically restrict discrimination based on sexual preference or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing the Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Rule (Equal Access Rule, 77 Fed. Reg. 5662, Feb. 3, 2012). The Equal Access Rule uses to housing assisted or insured by HUD, therefore affecting Federal Housing Administration-approved lending institutions and others getting involved 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 such program by HUD, and such housing shall be made available 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 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 No Matter Sexual Preference and Gender Identity (Equal Access Rule) can be found 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.
  5. HUD Regulations (24 CFR § 100.20) can be discovered here.
  6. Subpart A - Generally Applicable Definitions and Requirements