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) 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 any individual in offering a property real estate-related deal or to dissuade an applicant from sending a loan application based upon race, color, national origin, religious beliefs, sex, familial status, or handicap.

    In particular, FHAct uses to funding or acquiring a mortgage loan secured by residential realty. Specifically, a loan provider may not reject a loan or other monetary help for the purpose of purchasing, building, enhancing, fixing, or maintaining a dwelling on any of the restricted bases kept in mind above. FHAct likewise makes it illegal for a loan provider to use a restricted 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 restricted basis.

    Furthermore, a lending institution might not reveal, orally or in writing, a choice based on any restricted factors or indicate that it will treat applicants differently on a forbidden basis, even if the lender did not act upon that statement. A violation might still exist even if a loan provider treated applicants similarly.

    In addition, due to the fact that property real estate-related deals consist of any deals secured by property property, FHAct's prohibitions (and regulative requirements in specific areas, such as advertising) apply to home equity lines of credit in addition to to home purchase and refinancing loans. These prohibitions also use to the selling, brokering, or appraising of residential genuine residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, procedures and practices involving housing financing need to be broadly taken a look at to guarantee that the cooperative credit union does not otherwise make unavailable or deny housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly forbid discrimination based on sexual orientation or gender identity, HUD addressed gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing 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 guaranteed by HUD, consequently impacting Federal Housing Administration-approved loan providers and others getting involved in HUD programs. Specifically, a decision of eligibility for housing that is assisted by HUD or based on a mortgage guaranteed by the Federal Housing Administration will be made in accordance with the eligibility requirements attended to such program by HUD, and such housing shall be offered 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 efficient 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 found here

    For Equal Access to Housing in HUD Programs Despite Sexual Preference and Gender Identity ( 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 discovered here.
  6. Subpart A - Generally Applicable Definitions and Requirements