Fair Lending

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ABA Toolbox on Fair Lending CoverTwo primary laws govern fair lending practices:

Equal Credit Opportunity Act (ECOA) / Regulation B
ECOA, enacted in 1974, prohibits discrimination based on race, color, religion, national origin, sex, marital status, age, source of income, or whether a person exercises rights granted under the Consumer Credit Protection Act for any credit transaction.

Fair Housing Act (FHA)
The Fair Housing Act is part of the Civil Rights Act of 1968. The FHA makes it unlawful for any lender to discriminate in housing-related lending activities against any persons because of their race, color, religion, national origin, handicap, family status, or sex.

Dodd-Frank Act developments are tagged .

Recent Developments
The Basics
Guidance
Enforcement
Commentary

Recent Developments

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The Basics

Regulations
  • HUD Final Rule on Disparate Impact (2/15/13)
  • Fair Housing Act
    Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
  • CFPB Republished Rule: Equal Credit Opportunity - Regulation B (12 CFR 1002) (2011)
  • CFPB Republished Rule: Home Mortgage Disclosure - Regulation C (12 CFR 1003) (2011)

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Guidance

Legal

Interagency

CFPB

FDIC

Federal Reserve

OCC

 

 

Enforcement

DOJ

FTC

HUD

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Commentary

 

​Questions? Please contact Rob Rowe, Mark Kruhm, or Rick Freer for more information.