No discrimination in housing or home loans (Fair Housing Act)
42 U.S.C. § 3604(a)–(b)
In plain words
It is illegal to discriminate in selling, renting, or financing a home because of race, color, religion, sex, disability, familial status (having children), or national origin. This covers mortgage lenders and servicers too — for example, in who gets offered a loan modification and on what terms. You can file a complaint with HUD within 1 year or go to court within 2 years.
Who is protected
Anyone treated differently in a housing or home-loan transaction because of a protected characteristic.
When it applies
It has no special conditions: it protects everyone it names.
Check whether it applies to youWhat you can do
Write down what happened
Record dates, names, what was said, and how others were treated. Keep letters and emails.
Open the toolFile a HUD fair-housing complaint
You can file online, by phone or by mail with HUD's Office of Fair Housing and Equal Opportunity, or with a local fair-housing agency.
Deadline: HUD complaint within 1 year; lawsuit within 2 years.
Open the tool
Honest limits
- The law bans discrimination; it does not require a lender to approve a loan or modification you do not otherwise qualify for.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
The law
- Federal lawFair Housing Act — sales and rentals
42 U.S.C. § 3604(a)–(b)
Exact part: (a)–(b)
What it says: It is unlawful to refuse to sell or rent, or to discriminate in terms or services, because of race, color, religion, sex, familial status or national origin.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604&num=0&edition=prelim - Federal lawFair Housing Act — disability
42 U.S.C. § 3604(f)
Exact part: (f)
What it says: Discrimination because of a disability (handicap) is also unlawful.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604&num=0&edition=prelim - Federal lawFair Housing Act — real-estate lending
42 U.S.C. § 3605(a)
Exact part: (a)
What it says: Anyone in the business of residential real-estate transactions may not discriminate in making them available or in their terms.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3605&num=0&edition=prelim - Federal lawFair Housing Act — HUD complaint within one year
42 U.S.C. § 3610(a)(1)(A)(i)
Exact part: (a)(1)(A)(i)
What it says: An aggrieved person may file a complaint with HUD within one year.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim - Federal lawFair Housing Act — lawsuit within two years
42 U.S.C. § 3613(a)(1)(A)
Exact part: (a)(1)(A)
What it says: An aggrieved person may sue in federal or state court within two years.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3613&num=0&edition=prelim
Court cases
- Homeowner lostSame topicLage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time
- Homeowner lostSame topicGresham v. Wells Fargo Bank, N.A.
Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)
the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale
- Homeowner wonSame topicRenfroe v. Nationstar Mortgage, LLC
Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)
a servicer that answers a borrower's written request without a reasonable investigation may be liable under RESPA when the borrower alleges resulting damages
- Homeowner wonSame topicJesinoski v. Countrywide Home Loans, Inc.
Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015)
a borrower exercises the Truth in Lending right to rescind by notifying the lender in writing within three years, without needing to sue within that period
- Homeowner wonSame topicMarais v. Chase Home Finance LLC
Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)
a borrower who alleges actual damages, such as added interest, caused by a servicer's deficient response to a qualified written request states a RESPA claim
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
No discrimination in credit, and the right to know why you were denied (ECOA)
15 U.S.C. § 1691(a)
A creditor may not discriminate against you in any part of a credit deal because of race, color, religion, national origin, sex, marital status, age, receiving public assistance, or using your consumer-credit rights. If a creditor denies your completed credit application, you are entitled to a statement of the reasons.
Read this rightRights when you inherit or receive a home with a mortgage
12 C.F.R. § 1024.36(i)
If you got an ownership interest in a home from a family member — for example after a death or divorce — you can ask the servicer to confirm you as a "successor in interest." The servicer must tell you in writing what documents it needs. Once confirmed, you are treated as a borrower for servicing rules, so you can get information and apply for help.
Read this rightA servicer team assigned to you
12 C.F.R. § 1024.40(a)
By the 45th day after you fall behind, your servicer must assign staff to help you. Those people must be reachable by phone and must be able to tell you your options, what documents are missing, the status of your application, and the deadlines that apply.
Read this rightEarly contact and help information when you fall behind
12 C.F.R. § 1024.39(a)
When you miss a mortgage payment, your servicer must try to reach you live (by phone or in person) by the 36th day of the delinquency and tell you about options to avoid foreclosure. By the 45th day it must send you a written notice explaining loss-mitigation options and how to get help, including housing counselors.
Read this rightGet information from your servicer (request for information)
12 C.F.R. § 1024.36(a)
You can ask your servicer in writing for information about your loan — for example your payment history, who owns your loan, or how your escrow was figured. The servicer must confirm it got your request within 5 business days and answer within 30 business days. If you ask who owns your loan, it must tell you within 10 business days.
Read this rightDispute errors on your credit report
15 U.S.C. § 1681i(a)(1)(A)
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
Read this right