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) regulations (24 CFR Part 100), was enacted as Sections 800 to 820 of Title VIII of the Civil Rights Act of 1968, as changed. FHAct makes it illegal for lending institutions to victimize any individual in offering a domestic real estate-related transaction or to discourage a candidate from submitting a loan application based upon race, color, nationwide origin, religion, sex, familial status, or handicap.

    In specific, FHAct uses to financing or purchasing a mortgage loan secured by residential realty. Specifically, a lender may not reject a loan or other financial help for the function of acquiring, building, enhancing, fixing, or preserving a home on any of the forbidden bases kept in mind above. FHAct likewise makes it unlawful for a lender to use a prohibited basis to discriminate in setting the terms or conditions of credit, such as the loan quantity, interest rate, or duration of the loan on a forbidden basis.

    Furthermore, a lender may not express, orally or in composing, a preference based on any restricted factors or indicate that it will treat candidates differently on a restricted basis, even if the loan provider did not act on that declaration. An infraction may still exist even if a lending institution treated candidates equally.

    In addition, because domestic genuine estate-related deals include any transactions secured by residential property, FHAct's restrictions (and regulatory requirements in specific locations, such as advertising) apply 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 genuine residential or commercial property and to secondary mortgage market activities. Consequently, a credit union's policies, treatments and practices including housing finance must be broadly taken a look at to make sure that the cooperative credit union does not otherwise make unavailable or deny housing.

    Sexual Preference and Gender Identity

    Although FHAct does not specifically forbid discrimination based on sexual orientation or gender identity, HUD dealt with gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by providing the Equal Access to Housing in HUD Programs No Matter 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, therefore affecting Federal Housing Administration-approved loan providers and others taking part in HUD programs. Specifically, a decision of eligibility for housing that is assisted by HUD or based on a mortgage insured by the Federal Housing Administration will be made in accordance with the eligibility requirements attended to such program by HUD, and such housing will 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 reliable 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 Regardless of Sexual Preference 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 found here.
  5. HUD Regulations (24 CFR § 100.20) can be found here.
  6. Subpart A - Generally Applicable Definitions and Requirements