24 C.F.R. § 100.120

Discrimination in the making of loans and in the provision of other financial assistance

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(a) It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, handicap, familial status, or national origin.

(b) Practices prohibited under this section in connection with a residential real estate-related transaction include, but are not limited to:

(1) Failing or refusing to provide to any person information regarding the availability of loans or other financial assistance, application requirements, procedures or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, handicap, familial status, or national origin.

(2) Providing, failing to provide, or discouraging the receipt of loans or other financial assistance in a manner that discriminates in their denial rate or otherwise discriminates in their availability because of race, color, religion, sex, handicap, familial status, or national origin.

(3) Conditioning the availability of a loan or other financial assistance on a person's response to harassment because of race, color, religion, sex, handicap, familial status, or national origin.

(4) Subjecting a person to harassment because of race, color, religion, sex, handicap, familial status, or national origin that affects the availability of a loan or other financial assistance.

[54 FR 3283, Jan. 23, 1989, as amended at 78 FR 11481, Feb. 15, 2013; 81 FR 63074, Sept. 14, 2016]

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1996–2023 · leading case: Peter M. Gaona Annah M. Gaona v. Town & Country Credit the Chase Manhattan Bank, 324 F.3d 1050 (8th Cir. 2003).

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Peter M. Gaona Annah M. Gaona v. Town & Country Credit the Chase Manhattan Bank, 324 F.3d 1050 (8th Cir. 2003). · cites it 2× “§ 3605 (2000); 24 C.F.R. § 100.120 (b) (2002). We affirm the district court’s grant of summary judgment on the Truth in Lending Act and Fair Housing Act claims, but reverse its entry of summary judgment against the Gaonas on their Americans with Disabilities Act claim.”

Gerald Paschal v. Flagstar Bank, Fsb, a Fed. Sav. Bank, F/k/a First Sec. Sav. Bank, Fsb, 295 F.3d 565 (1st Cir. 2002). “§ 3605 and § 3617, and corresponding regulations promulgated by the Department of Housing and Urban Development pertaining to mortgage lending, 24 C.F.R. §§ 100.120 to 100.130, as well as the Civil Rights Act of 1866 and 1870, 42 U.”

Gorham-Dimaggio v. Countrywide Home Loans, Inc., 592 F. Supp. 2d 283 (N.D.N.Y. 2008). · cites it 2× “§ 3605 (b)(1)(A)(B); 24 C.F.R. § 100.120 . Plaintiffs second claim under the FHA arises under 42 U.”

Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). “115 ; (3) “[discrimination in the making of loans and in the provision of other financial assistance”; 24 C.F.R. § 100.120 ; (4) “[discrimination in the purchasing of loans”; 24 C.”

Gray v. Seterus, Inc., 233 F. Supp. 3d 865 (D. Or. 2017). · cites it 2× “AVD file need to handle by team 12. It appear we have all docs to review for HAMP.”

Paula Johnson vs Elizabeth R. Wellborn, P.A., Morris Laing Evans Brock & Kennedy CHTD., 418 F. App'x 809 (11th Cir. 2011). “Johnson’s original complaint asserted claims under the Fair Housing Act (“FHA”) regulations, 24 C.F.R. § 100.120 , the Fair Debt Collection Practices Act (“FDCPA”), 15 U.”

United States v. Massachusetts Indus. Fin. Agency, 910 F. Supp. 21 (D. Mass. 1996). “See 24 C.F.R. § 100.120 (1995) (“Prohibited practices under this section include .”

Edwards v. Flagstar Bank, 109 F. Supp. 2d 691 (E.D. Mich. 2000). “§ 3605 and § 3617, and corresponding regulations promulgated by the Department of Housing and Urban Development pertaining to mortgage lending, 24 C.F.R. §§ 100.120 to 100.130, as well as the Civil Rights Act of 1866 and 1870, 42 U.”

Peter M. Gaona v. Town & Country (8th Cir. 2003). · cites it 2× “§ 3605 (2000); 24 C.F.R. § 100.120 (b) (2002). We affirm the district court's grant of summary judgment on the Truth in Lending Act and Fair Housing Act claims, but reverse its entry of summary judgment against the Gaonas on their Americans with Disabilities Act claim.”

Nat'l Ass'n of Mut. Ins. Companies v. United States Dep't of Hous. & Urban Dev. (D.D.C. 2023). “But that comment was in regard to an entirely different section of the 2013 Rule that is not part of the Disparate-Impact Rule’s burden-shifting framework, 24 C.F.R. § 100.120 (b)(2) (2013), and is not being challenged by NAMIC in this action.”

Nat'l Fair Hous. All. v. Deutsche Bank Nat'l Trust (N.D. Ill. 2018). “” 24 C.F.R. § 100.120 (b). As such, a plaintiff cannot state an actionable claim under § 3605 without alleging that he “attempted to engage in a real estate-related transaction.”

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