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 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 Liberty Act of 1968, as modified. FHAct makes it unlawful for lenders to victimize anyone in offering a domestic real estate-related transaction or to prevent a candidate from submitting a loan application based upon race, color, nationwide origin, religious beliefs, sex, familial status, or handicap.

    In particular, FHAct uses to funding or buying a mortgage loan secured by property property. Specifically, a lender might not deny a loan or other financial help for the function of buying, constructing, enhancing, repairing, or maintaining a residence on any of the prohibited bases noted above. FHAct also makes it illegal for a lender to use a restricted 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 lending institution may not express, orally or in writing, a choice based upon any prohibited factors or show that it will treat candidates differently on a forbidden basis, even if the lending institution did not act upon that declaration. A violation may still exist even if a lending institution dealt with candidates equally.

    In addition, because property real estate-related deals include any deals protected by domestic realty, FHAct's restrictions (and regulatory requirements in specific locations, such as advertising) apply to home equity credit lines as well as to home purchase and refinancing loans. These restrictions likewise use to the selling, brokering, or appraising of residential real residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union's policies, procedures and practices involving housing finance ought to be broadly examined to guarantee that the credit union does not otherwise make unavailable or deny housing.
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    Sexual Orientation and Gender Identity

    Although FHAct does not expressly forbid discrimination based upon 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 Despite Sexual Preference or Gender Identity Rule (Equal Access Rule, 77 Fed. Reg. 5662, Feb. 3, 2012). The Equal Access Rule uses to housing helped or insured 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 based on a mortgage guaranteed by the Federal Housing Administration shall be made in accordance with the eligibility requirements offered such program by HUD, and such housing shall be offered 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 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 Preference and Gender Identity (Equal Access Rule) can be discovered here

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

    Definitions used in:

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