Fair Housing Act (FHA).
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Created by the U.S. Congress in 1970, the National Cooperative Credit Union Administration is an independent federal company that guarantees deposits at federally insured credit unions, protects the members who own credit unions, and charters and controls federal credit unions. Mission & Values
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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 illegal for loan providers to discriminate versus any person in making available a property genuine estate-related deal or to discourage a candidate from sending a loan application based on race, color, nationwide origin, religion, sex, familial status, or handicap.

    In specific, FHAct applies to funding or purchasing a mortgage loan secured by domestic realty. Specifically, a lending institution may not reject a loan or other financial support for the function of getting, constructing, enhancing, fixing, or preserving a residence on any of the kept in mind above. FHAct likewise makes it unlawful for a lending institution to use a forbidden 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 reveal, orally or in writing, a preference based upon any prohibited elements or indicate that it will deal with applicants in a different way on a prohibited basis, even if the loan provider did not act on that declaration. A violation might still exist even if a lending institution treated applicants equally.

    In addition, since residential real estate-related deals include any transactions secured by property real estate, FHAct's restrictions (and regulative requirements in specific areas, such as advertising) use to home equity lines of credit in addition to to home purchase and refinancing loans. These prohibitions likewise apply 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 including housing finance need to be broadly examined to guarantee that the credit union does not otherwise make unavailable or reject housing.

    Sexual Orientation and Gender Identity

    Although FHAct does not expressly forbid discrimination based on sexual orientation or gender identity, HUD dealt with gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by releasing 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 uses to housing assisted or guaranteed by HUD, therefore affecting Federal Housing Administration-approved loan providers and others participating in HUD programs. Specifically, a decision of eligibility for housing that is helped by HUD or based on a mortgage insured by the Federal Housing Administration shall be made in accordance with the eligibility requirements provided for 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 became 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 No Matter 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 discovered here.
  6. Subpart A - Generally Applicable Definitions and Requirements