The Fair Housing Act & Mortgage Discrimination

The Fair Housing Act (42 U.S.C. §§ 3601-3619) prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. It applies to mortgage lending, servicing, and foreclosure. Key provisions: discriminatory loan terms (reverse redlining), discriminatory servicing (treating protected borrowers differently during default/loss mitigation), disparate impact (neutral policies that disproportionately harm protected classes), and failure to accommodate disabilities. FHA claims can be counterclaims in judicial foreclosure or independent lawsuits with actual damages, punitive damages, and attorney fees. FHA overlaps with ECOA but covers broader housing activities. See: ECOA Guide and Predatory Lending Guide.