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Created by the U.S. Congress in 1970, the National Credit Union Administration is an independent federal company that guarantees deposits at federally guaranteed credit unions, protects the members who own credit unions, and charters and regulates federal cooperative credit union. Mission & Values
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1. Home

> Regulation and Supervision
> Manuals and Guides
> Federal Consumer Financial Protection Guide
> 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 carried out 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 amended. FHAct makes it unlawful for lenders to discriminate against anybody in providing a domestic genuine estate-related deal or to prevent a candidate from sending a loan application based on race, color, nationwide origin, religion, sex, familial status, or handicap.

In specific, FHAct uses to financing or acquiring a mortgage loan protected by domestic real estate. Specifically, a lending institution may not reject a loan or other financial support for the function of purchasing, constructing, improving, fixing, or preserving a home on any of the prohibited bases kept in mind above. FHAct also makes it illegal for a lending institution to utilize a forbidden basis to discriminate in setting the terms or conditions of credit, such as the loan amount, rate of interest, or duration of the loan on a prohibited basis.

Furthermore, a loan provider might not express, orally or in writing, a choice based on any prohibited factors or show that it will treat candidates in a different way on a restricted basis, even if the lending institution did not act on that statement. An offense may still exist even if a lender dealt with candidates similarly.

In addition, due to the fact that property real estate-related transactions include any transactions protected by domestic realty, FHAct’s restrictions (and regulative requirements in particular areas, such as marketing) apply to home equity lines of credit along with to home purchase and refinancing loans. These prohibitions likewise use to the selling, brokering, or appraising of residential genuine residential or commercial property and to secondary mortgage market activities. Consequently, a cooperative credit union’s policies, procedures and practices involving housing financing must be broadly taken a look at to guarantee that the cooperative credit union does not otherwise make not available or deny housing.

Sexual Preference and Gender Identity

Although FHAct does not specifically prohibit discrimination based upon sexual orientation or gender identity, HUD attended to gay, lesbian, bisexual, and transgender (LGBT) housing discrimination by issuing 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 insured by HUD, thereby impacting Federal Administration-approved loan providers and others taking part in HUD programs. Specifically, a determination 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 viewed 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 found here

HUD’s Regulations (24 CFR Part 100) can be found here

For Equal Access to Housing in HUD Programs Regardless of 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 found here.
HUD Regulations (24 CFR § 100.20) can be found here.
Subpart A - Generally Applicable Definitions and Requirements