The federal fair lending laws — the Equal Credit Opportunity Act and the Fair Housing Act — prohibit discrimination in credit transactions, including transactions related to residential real estate.
Laws and Regulations
Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply.
Part 1002 — Equal Credit Opportunity Act (Regulation B)
provides access to the Consumer Financial Protection Bureau’s Regulation B — Equal Credit Opportunity
Civil Rights Act of 1968 — Title VIII (Fair Housing)
discusses the prohibitions on discriminatory actions in mortgage lending transactions
Part 100 — Discriminatory Conduct Under the Fair Housing Act
describes the elements of discrimination related to residential real estate transactions and was issued to administer and enforce Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988
Part 338 — Fair Housing
discusses prohibitions on discriminatory advertising with regard to residential real estate-related transactions and details recordkeeping requirements
Frequently asked questions, advisories, statements of policy, and other information issued by the FDIC alone, or on an interagency basis, provided to address consumer protection issues.
Interagency Fair Lending Examination Procedures and
Section IV. Fair Lending — Fair Lending Laws and Regulations
of the FDIC Consumer Compliance Examination Manual provide instructions and an abbreviated discussion of federal fair lending laws and regulations adapted from the Interagency Policy Statement on Fair Lending
Interagency Fair Lending Examination Procedures Appendix and
Section IV. Fair Lending — Appendix
of the FDIC Consumer Compliance Examination Manual provide resources to be considered and selected from, depending on the nature and scope of the fair lending review being conducted
Policy Statement on Discrimination in Lending
provides guidance on lending discrimination under various statutes and answers questions about how the FDIC and other federal agencies will respond to lending discrimination and what steps lenders might take to prevent discriminatory lending practices
Equal Credit Opportunity and Fair Housing Acts Enforcement Policy Statement
provides guidance to ensure that the rights of credit applicants are protected by requiring creditors to take corrective action for certain, more serious past violations of the Equal Credit Opportunity and Fair Housing Acts as well as to be in compliance in the future
Interagency Statement on Fair Lending Compliance and the Ability-to-Repay and Qualified Mortgage Standards Rule
provides a statement issued in response to inquiries from creditors about whether they would be liable under the disparate impact doctrine of the Equal Credit Opportunity Act and Regulation B, by originating only Qualified Mortgages as defined under the Ability-to-Repay and Qualified Mortgage Standards Rule
Qualified and Non-Qualified Mortgage Loans — Interagency Statement on Supervisory Approach
provides guidance regarding the underwriting of residential mortgage loans and the fair lending implications
Guidance for Managing Third-Party Risk
provides a general framework for oversight and risk management of
third-party relationships and discusses the board of directors' responsibility for outsourced activities
FDIC's Supervisory Policy on Predatory Lending
provides guidance on predatory lending, including a list of policies and procedures that relate to consumer lending standards, treating consumers fairly, adherence to applicable legal requirements, and appropriately underwriting loan products
ECOA — Understanding Age-Based Discrimination in Credit Card Lending
provides useful information, in the form of an FDIC Newsletter, relating to the Truth in Lending Act credit card rules affecting young consumers, as well as the anti-discrimination provisions of the Equal Credit Opportunity Act
Implementing a Fair Lending Action Plan to Manage Discretion in Credit Decisions
provides information, in the form of an FDIC Newsletter, to institutions on the identification and management of discretion in pricing, underwriting, and other aspects of credit transactions
FDIC Consumer Compliance Examination Manual provides information and examination procedures to assist institutions with understanding and complying with fair lending-related requirements.
Section IV. Fair Lending — Fair Lending Scope and Conclusions Memorandum
provides the written template examiners use to document an institution’s fair lending review
Section V. Lending — Equal Credit Opportunity Act
provides an introduction to the Equal Credit Opportunity Act and outlines regulatory requirements as well as related examination procedures
Section V. Lending — Fair Housing Act
provides an introduction to the Fair Housing Act and outlines regulatory requirements as well as related examination procedures
Supplemental information related to consumer protection issues.
Memorandum — Identifying Lender Practices that May Form the Basis of a Pattern or Practice Referral to the Department of Justice
provides access to the Department of Justice’s guidelines to determine the legal and factual aspects of a pattern or practice and referral considerations
Informational videos and recordings of archived webcasts and teleconferences.
FDIC Technical Assistance Video Program series on Fair Lending provides information to help institutions identify and mitigate fair lending risk.
- 2019 Interagency Fair Lending Hot Topics provides the interagency webinar where the FDIC addressed Fair Lending Reviews: Analysis in CRA Protests
2018 Interagency Fair Lending Hot Topics
provides the interagency webinar where the FDIC addressed Fair Lending Reviews: Assessing Fair Lending Risk
2017 Interagency Fair Lending Hot Topics
provides the interagency webinar where the FDIC addressed Fair Lending Monitoring Programs
2016 Interagency Fair Lending Hot Topics
provides the interagency webinar where the FDIC addressed Redlining: A Bank’s Reasonably Expected Market Area