Fair Housing Rights and Obligations
Learn more about the many fair housing laws enforced by FHEO and how those laws can help you.
It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability. A variety of other federal civil rights laws, including Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, prohibit discrimination in housing and community development programs and activities, particularly those that are assisted with HUD funding. These civil rights laws include obligations such as taking reasonable steps to ensure meaningful access to their programs and activities for persons with limited English proficiency (LEP) and taking appropriate steps to ensure effective communication with individuals with disabilities through the provision of appropriate auxiliary aids and services. Various federal fair housing and civil rights laws require HUD and its program participants to affirmatively further the purposes of the Fair Housing Act.
HUD’s Office of Fair Housing and Equal Opportunity (FHEO) works to eliminate housing discrimination and promote civil rights and economic opportunity through housing. FHEO enforces fair housing laws. One of its roles is to investigate complaints of housing discrimination. If you believe you have been discriminated against in violation of any of these federal fair housing laws, you can file a complaint with FHEO.
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Fair Lending
What Is Prohibited?
The Fair Housing Act makes it illegal to discriminate against someone because of race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, national origin or disability at any stage of the mortgage process, including:
- Approvals and denials
- Terms, e.g. interest rates, points, fees and other costs
- Advertising
- Mortgage broker services
- Property appraisals
- Servicing
- Home loan modification assistance
- Homeowners insurance
The Fair Housing Act prohibits discrimination in loans that are secured by residential real estate or that are for the purchasing, constructing, improving, repairing or maintaining a dwelling. This includes mortgages, refinancing, home equity loans and home improvement loans.
Examples of Lending Discrimination
Examples of lending discrimination include:
- Denying a mortgage or charging a higher interest rate because the property is located in a majority-minority neighborhood
- Providing a different customer service experience to mortgage applicants depending on their race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, national origin or disability
- Refusing to consider a mortgage applicant’s disability-related income, such as SSI or SSDI
- Steering a borrower to a loan with less favorable terms because of his or her race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, national origin or disability
- Targeting a minority community for fraudulent home loan modification assistance
- Refusing to provide mortgages to a person on parental leave
Filing a Complaint
If you believe you have experienced mortgage lending discrimination, you can file a complaint with HUD.