Fair Lending: Laws & Regulations (2024)

Introduction

Fair Lending is the unbiased treatment of all customers when making credit-related decisions. Fair Lending laws ensure that financial institutions provide fair and uniform services and credit decisions. The fair treatment of our current and potential customers is an integral part of our overall commitment to maintaining the highest standards of corporate responsibility. This extends to every aspect of a credit transaction, including not only how we review credit requests, but also our advertising, handling of pre-application inquiries, loan disbursem*nts, and ongoing servicing of the loan.

JPMorgan Chase & Co. Fair Lending Statement

JPMorgan Chase & Co. (JPMorgan Chase) is committed to treating all individuals fairly and equitably in the conduct of its lending businesses in all jurisdictions where it conducts business. This commitment is part of our fundamental mission of providing quality financial services to existing and prospective customers in accordance with all applicable laws. In the United States, this principle is embodied in fair lending laws such as the Equal Credit Opportunity Act, the Fair Housing Act as well as other factors included in state and local laws. These laws require the equitable treatment of all credit applicants without regard to race, sex (including sexual orientation and gender identity), color, national origin, religion, age, marital status, disability, familial status, the fact that all or part of the applicant’s income derives from public assistance programs or to the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act. Denying any person equal access to basic economic opportunities, such as home ownership or credit, is morally repugnant, has no place in our company, and will not be tolerated. Only through the efforts of all of us at JPMorgan Chase can we ensure that every applicant for credit receives fair and equitable treatment and that we have helped each member of the communities JPMorgan Chase serves reach their fullest potential.

Fair Lending Laws/Regulations

Equal Credit Opportunity Act (ECOA)

This law affects every phase of the lending process and prohibits discrimination on the basis of:

  • Age
  • Race or color
  • Sex(including gender, gender identity and sexual orientation)
  • Marital status
  • National origin
  • Race
  • Religion
  • Exercising rights under the Consumer Credit Protection Act
  • Receipt of public assistance

ECOA prohibits making credit decisions or discouraging applicants, based on any of the factors listed above.

Fair Housing Act (FHA)

FHA prohibits discrimination in the sale, rental, and financing of property based on:

  • Disability
  • Familial status (for example, the presence of children in the household)
  • Sex(including gender, gender identity and sexual orientation)
  • National origin
  • Race or color
  • Religion
  • Sexual orientation, gender identity and marital status are also considered protected groups for housing under rules adopted by the Department of Housing and Urban Development (HUD)

Americans With Disabilities Act (ADA)

This law prohibits discrimination against qualified individuals with disabilities, ensuring that they have equal access to goods and services offered by private businesses.

Civil Rights Act of 1866

This law guarantees equal rights to purchase real estate and personal property to all people, regardless of race.

Home Mortgage Disclosure Act (HMDA)

This law requires financial institutions to report information about the home loans they originate or purchase, as well as applications that don’t result in loans (e.g., an application that’s ultimately denied). They must report this information quarterly and annually to allow the public and federal regulators to determine the institution’s responsiveness to the community's needs. The type of information they must report includes, but is not limited to:

  • Income
  • Race
  • Ethnicity
  • Sex or gender
  • Geographic area

Agencies with Fair Lending Authority (Regulatory or Enforcement)

Various agencies have the authority to evaluate and/or enforce lenders’ compliance with fair lending requirements:

  • CFPB (Consumer Financial Protection Bureau)
  • DOJ (Department of Justice)
  • FDIC (Federal Deposit Insurance Corporation)
  • FTC (Federal Trade Commission)
  • FRB (Federal Reserve Board)
  • HUD (Department of Housing and Urban Development)
  • OCC (Office of the Comptroller of the Currency)
  • Various State Banking Departments
Fair Lending: Laws & Regulations (2024)

FAQs

What are the fair lending laws and regulations? ›

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.

What are 2 examples of fair lending violations? ›

For example, if a lender refuses to make a mortgage loan because of your race or ethnicity, or if a lender charges excessive fees to refinance your current mortgage loan based on your race or ethnicity, the lender is in violation of the federal Fair Housing Act.

Is HMDA part of fair lending laws and regulations? ›

HMDA Data are one of the foundations of our fair lending work.

What are the three types of fair lending discrimination? ›

Types of Lending Discrimination

Overt evidence of disparate treatment; • Comparative evidence of disparate treatment; and • Evidence of disparate impact.

What must be considered in fair lending risk? ›

To summarize, fair lending risk assessments are complex – but critical – to perform on an ongoing basis for every bank. The areas that should be assessed include, but are not limited to: System-wide review of policies and procedures. Quantitative analysis of underlying trends in lending practices.

Is it illegal to default on a loan? ›

Defaulting on a loan is not a crime. Lenders don't have legal jurisdiction to arrest you for an overdue balance. However, defaulting on a loan will have serious financial implications.

What are the three primary purposes of HMDA? ›

2 The data-related requirements in HMDA and Regulation C serve three primary purposes: (1) to help determine whether financial institutions are serving their communities' housing needs; (2) to assist public officials in distributing public investment to attract private investment; and (3) to assist in identify ing ...

What loans does HMDA apply to? ›

HMDA requires financial institutions, including credit unions, to compile and disclose data about home purchase loans, home improvement loans, and refinancings that they originate or purchase, or for which they receive applications.

What loans are not reportable under HMDA? ›

Any institution with loan origination of 200 or more open-end lines of credit must gather, record, and submit their reports to HMDA. However, if the loan or line of credit is not a closed-end mortgage loan or an open-end line of credit, it does not need to be reported.

What is the difference between ECOA and fair lending? ›

Two regulations are used to enforce Fair Lending – the Fair Housing Act and the Equal Credit Opportunity Act (ECOA). While the Fair Housing Act applies specifically to residential mortgage lending, ECOA applies to all creditors and all types of lending.

What two laws expressly prohibit discrimination in lending? ›

The Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) protect consumers by prohibiting unfair and discriminatory practices.

What is the Unfair lending Act? ›

The Truth in Lending Act (TILA) protects you against inaccurate and unfair credit billing and credit card practices. It requires lenders to provide you with loan cost information so that you can comparison shop for certain types of loans.

What are the fair practices of lending? ›

The Fair Practices Code document codifies the procedures to ensure clarity, transparency, Timelines and responsiveness in Bank's relationship with the borrower customers at all stages like marketing, processing, sanctioning, monitoring and administration.

What is Regulation B in fair lending? ›

Regulation B prohibits creditors from requesting and collecting specific personal information about an applicant that has no bearing on the applicant's ability or willingness to repay the credit requested and could be used to discriminate against the applicant.

What are the consequences of violating fair lending requirements? ›

Failure to comply with the Fair Lending requirements may result in fines and penalties, harm the bank's reputation, and be a violation of the Code of Conduct, which could result in corrective action, up to and including termination of your employment.

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