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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 Rights Act of 1968, as amended. FHAct makes it illegal for lenders to discriminate versus anybody in providing a domestic real estate-related deal or to dissuade an applicant from submitting a loan application based on race, color, national origin, faith, sex, familial status, or handicap.
   
   In particular, FHAct applies to financing or buying a mortgage loan secured by residential property. Specifically, a lender might not reject a loan or other financial support for the function of acquiring, constructing, improving, fixing, or keeping a residence on any of the restricted bases kept in mind above. FHAct likewise makes it unlawful for a lender to utilize a prohibited basis to discriminate in setting the terms or conditions of credit, such as the loan amount, rates of interest, or duration of the loan on a forbidden basis.
   
   Furthermore, a lending institution may not express, orally or in composing, a choice based upon any restricted elements or indicate that it will deal with candidates in a different way on a restricted basis, even if the lending institution did not act on that declaration. A violation might still exist even if a loan provider treated applicants equally.
   
   In addition, because property genuine estate-related deals consist of any transactions protected by property realty, FHAct's restrictions (and regulatory requirements in particular areas, such as advertising) apply to home equity credit lines along with to home purchase and refinancing loans. These restrictions likewise 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, procedures and practices including housing finance must be broadly analyzed to guarantee that the credit union does not otherwise make unavailable or deny housing.
   
   Sexual Orientation and Gender Identity
   
   Although FHAct does not specifically prohibit discrimination based on sexual orientation or gender identity, HUD addressed gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by issuing the Equal Access to Housing in HUD Programs Regardless of 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, thus impacting Federal Housing Administration-approved loan providers and others participating 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 will be made in accordance with the eligibility requirements offered such program by HUD, and such housing shall be provided without regard to real or viewed sexual preference, gender identity, or marital status. (24 CFR § § 5.100 and 5.105( a)( 2 )). The Equal Access Rule became 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 discovered here
   
   For Equal Access to Housing in HUD Programs No Matter Sexual Orientation and Gender Identity (Equal Access Rule) can be found here
   
   NCUA Rules and Regulations 12 CFR § 701.31 can be found here
   
   Definitions used 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