What we verified in “Lending discrimination: your rights and how to complain”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. The Equal Credit Opportunity Act (ECOA, 15 U.S.C. §1691) makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of race, color, religion, national origin, sex, marital status or age (if the applicant has the capacity to contract), because all or part of the applicant's income comes from a public assistance program, or because the applicant has in good faith exercised any right under that law.

   Sources 1 · 15 U.S.C. §1691(a): 'It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction'; 'on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract)'; 'because all or part of the applicant's income derives from any public assistance program'; 'because the applicant has in good faith exercised any right under this chapter' · Checked October 17, 2026

2. Under Regulation B (12 CFR §1002.4), a creditor may not discriminate against an applicant on a prohibited basis in any aspect of a credit transaction, or make oral or written statements, in advertising or otherwise, that it knows or should know would make a reasonable person believe it would deny credit, or grant it on less favorable terms, because of that prohibited basis; disclosures may be given in other languages as long as they are available in English on request. This section was amended on April 22, 2026.

   Sources 3 · 12 CFR §1002.4(a) ('A creditor shall not discriminate against an applicant on a prohibited basis regarding any aspect of a credit transaction'), (b) ('A creditor shall not make any oral or written statement, in advertising or otherwise, directed at applicants or prospective applicants that the creditor knows or should know would cause a reasonable person to believe that the creditor would deny, or would grant on less favorable terms'), (e) ('Disclosures may be made in languages other than English, provided they are available in English upon request') and amendment note ('91 FR 21668, Apr. 22, 2026') · Checked October 17, 2026

3. Under Regulation B (12 CFR §1002.6), except as the law allows, a creditor may not consider race, color, religion, national origin or sex in any aspect of a credit transaction; it may not discount or exclude the income of an applicant or spouse because of a prohibited basis or because it comes from part-time work, an annuity, a pension or another retirement benefit, though it may consider the amount and probable continuance of income; it must count alimony or child support as income to the extent it is likely to be paid consistently; it may consider the applicant's immigration status or permanent resident status; and the rule now says the Act does not provide that the so-called 'effects test' applies in determining whether there is discrimination. This section was amended on April 22, 2026.

   Sources 5 · 12 CFR §1002.6(a) ('applies for determining whether there is discrimination in violation of the Act'), (b)(5) ('A creditor shall not discount or exclude from consideration the income of an applicant or the spouse of an applicant because of a prohibited basis or because the income is derived from part-time employment or is an annuity, pension, or other retirement benefit'; 'shall consider such payments as income to the extent that they are likely to be consistently made'), (b)(7) ('A creditor may consider the applicant's immigration status or status as a permanent resident of the United States'), (b)(9) ('a creditor shall not consider race, color, religion, national origin, or sex') and amendment note ('91 FR 21668, Apr. 22, 2026') · Checked October 17, 2026

4. Under Regulation B (12 CFR §1002.5), a creditor may not ask about the race, color, religion, national origin or sex of an applicant, with exceptions such as information collected to monitor compliance with the law; it may ask about the permanent residency and immigration status of an applicant or another person in the transaction.

   Sources 4 · 12 CFR §1002.5(b) ('A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction') and (e) ('A creditor may inquire about the permanent residency and immigration status of an applicant or any other person in connection with a credit transaction') · Checked October 17, 2026

5. Under Regulation B (12 CFR §1002.13), when you apply for a loan to buy or refinance the home you live in, the creditor must request your ethnicity (using the categories 'Hispanic or Latino' and 'not Hispanic or Latino'), race, sex, marital status and age so the federal government can monitor compliance with anti-discrimination laws; you must be asked but are not required to answer; and if you do not, the creditor notes ethnicity, race and sex based on visual observation or surname.

   Sources 7 · 12 CFR §1002.13(a) ('shall request as part of the application the following information'; 'Hispanic or Latino and not Hispanic or Latino'), (b) ('shall be asked but not required to supply the requested information'; 'on the basis of visual observation or surname') and (c) ('is being requested by the Federal Government for the purpose of monitoring compliance with Federal statutes that prohibit creditors from discriminating') · Checked October 17, 2026

6. Under Regulation B (12 CFR §1002.9), the creditor must notify you of its decision within 30 days after receiving your completed application; if it takes adverse action (for example, denies credit), the notice must be in writing, name the federal agency that supervises it, and include either a statement of specific reasons or a disclosure of your right to receive them within 30 days if you ask within 60 days; and saying the reason was the creditor's 'internal standards or policies' or a failing score on its system is insufficient.

   Sources 6 · 12 CFR §1002.9(a)(1)(i) ('30 days after receiving a completed application concerning the creditor's approval of, counteroffer to, or adverse action on the application'), (a)(2) ('shall be in writing'; 'the name and address of the Federal agency that administers compliance with respect to the creditor'; 'A statement of specific reasons for the action taken'; 'if the statement is requested within 60 days of the creditor's notification') and (b)(2) ('based on the creditor's internal standards or policies'; 'are insufficient') · Checked October 17, 2026

7. Under Regulation B (12 CFR §1002.14), for an application for credit to be secured by a first lien on a dwelling, the creditor must give you a copy of all appraisals and other written valuations, promptly upon completion or three business days before closing, whichever is earlier; it may not charge you for the copies; and this applies even if credit is denied or the application is incomplete or withdrawn.

   Sources 8 · 12 CFR §1002.14(a)(1) ('A creditor shall provide an applicant a copy of all appraisals and other written valuations developed in connection with an application for credit that is to be secured by a first lien on a dwelling'; 'promptly upon completion, or three business days prior to consummation'), (a)(3) ('A creditor shall not charge an applicant for providing a copy of appraisals') and (a)(4) ('apply whether credit is extended or denied or if the application is incomplete or withdrawn') · Checked October 17, 2026

8. The Fair Housing Act (42 U.S.C. §3605) makes it unlawful for any person or entity in the business of residential real estate-related transactions to discriminate in making those transactions available, or in their terms or conditions, because of race, color, religion, sex, disability, familial status or national origin; those transactions include making or purchasing loans to buy, build, improve, repair or maintain a home or secured by residential real estate, and selling, brokering or appraising residential property.

   Sources 9 · 42 U.S.C. §3605(a) ('It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin') and (b) ('The making or purchasing of loans or providing other financial assistance'; 'The selling, brokering, or appraising of residential real property') · Checked October 17, 2026

9. Under HUD's regulation (24 CFR §100.120), prohibited practices include failing or refusing to provide information about the availability of loans, application requirements or procedures, or providing information that is inaccurate or different from what others get, because of a protected basis; and discouraging someone from receiving a loan in a discriminatory way.

   Sources 12 · 24 CFR §100.120(b)(1) ('Failing or refusing to provide to any person information regarding the availability of loans or other financial assistance'; 'providing information which is inaccurate or different from that provided others') and (b)(2) ('discouraging the receipt of loans or other financial assistance') · Checked October 17, 2026

10. Under HUD's regulation (24 CFR §100.130), it is also unlawful, because of a protected basis, to use different policies or procedures to evaluate creditworthiness; to set a different amount, interest rate, cost, duration or other terms for a loan; or to service loans in a discriminatory way.

    Sources 13 · 24 CFR §100.130(b)(1) ('Using different policies, practices or procedures in evaluating or in determining creditworthiness'), (b)(2) ('fixing the amount, interest rate, cost, duration or other terms or conditions for a loan') and (b)(3) ('Servicing of loans or other financial assistance with respect to dwellings in a manner that discriminates') · Checked October 17, 2026

11. HUD says its Office of Fair Housing and Equal Opportunity (FHEO) investigates discrimination in renting or buying a home or getting a mortgage under the Fair Housing Act (race, color, national origin, religion, sex, disability and familial status); that allegations can be filed against, among others, real estate agents, mortgage lenders, homeowners associations and insurance providers; that because there are time limits, you should report as soon as possible and provide as much information as possible; that you can report online, by mail or by calling 1-800-669-9777; and that it is illegal to retaliate against anyone for making an allegation.

    Sources 14 · Report Housing Discrimination (HUD): 'Because there are time limits on when an allegation can be filed with HUD after an alleged violation, you should report housing discrimination as soon as possible'; 'please provide as much information as possible'; '1-800-669-9777'; 'It is illegal to retaliate against any person for making an allegation'; 'Discrimination in renting or buying a home, getting a mortgage'; 'race, color, national origin, religion, sex, disability, familial status'; 'real estate agents, mortgage lenders, homeowners associations, insurance providers' · Checked October 17, 2026

12. Under the Fair Housing Act (42 U.S.C. §3610), an aggrieved person may file a complaint with HUD no later than one year after the discriminatory practice occurred or ended.

    Sources 10 · 42 U.S.C. §3610(a)(1)(A)(i): 'not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary' · Checked October 17, 2026

13. Under the Fair Housing Act (42 U.S.C. §3613), an aggrieved person may file a civil lawsuit in federal or state court no later than 2 years after the discriminatory practice occurred or ended.

    Sources 11 · 42 U.S.C. §3613(a)(1)(A): 'not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice' · Checked October 17, 2026

14. Under ECOA (15 U.S.C. §1691e), a lawsuit for a violation may not be brought later than 5 years after the date of the violation, with exceptions.

    Sources 2 · 15 U.S.C. §1691e(f): 'No such action shall be brought later than 5 years after the date of the occurrence of the violation' · Checked October 17, 2026

15. The Justice Department's Civil Rights Division explains that it may sue under ECOA when there is a pattern or practice of discrimination, and that people who believe they were victims in a credit transaction involving residential property may file a complaint with HUD or their own lawsuit.

    Sources 15 · The Equal Credit Opportunity Act (DOJ, Civil Rights Division): 'The Department of Justice may file a lawsuit under ECOA where there is a pattern or practice of discrimination'; 'may file a complaint with the Department of Housing and Urban Development'; 'or may file their own lawsuit' · Checked October 17, 2026

16. The CFPB explains that if you believe a lender discriminated against you, you can submit a complaint to the FTC or to the CFPB online or at 1-855-411-CFPB (2372), or to your state attorney general or consumer protection office; that the law applies to most loans, including auto loans, credit cards, mortgages and student loans; that public assistance income includes, for example, Social Security, SSI, unemployment, TANF and SNAP, and that, like any other income, a creditor can consider whether it is likely to continue; that for most mortgages the lender may ask your race, ethnicity and sex to comply with anti-discrimination laws; that a creditor cannot discriminate on the basis of national origin but may ask about your immigration status or permanent resident status, though it cannot use immigration status to justify discriminating against you based on national origin, race or other protected characteristics; that state or local law may prohibit discrimination on additional grounds; and it lists as red flags being treated differently in person than on the phone, being discouraged from applying, being offered a higher rate even though you qualify for a lower one, being denied without being told why or how to find out, and feeling pushed or pressured to sign.

    Sources 16 · What do I do if I think a lender discriminated against me? (page last modified Apr. 11, 2025): 'you can submit a complaint with the Federal Trade Commission (FTC) or with the CFPB online or by calling 1-855-411-CFPB (2372)'; 'The law applies to most loans, including auto loans, credit cards, mortgages, and student loans'; 'Like any other income, a creditor can consider whether'; 'You can also file a complaint with your state attorney general or state consumer protection office'; 'this includes Social Security and Supplemental Security Income (SSI), unemployment'; 'For most mortgage loans, the lender is allowed to ask about your race, ethnicity, and sex to comply with anti-discrimination laws'; 'State or local law could prohibit discrimination on additional grounds'; 'A creditor cannot discriminate on the basis of national origin. However, a creditor may ask about your immigration status or status as a permanent resident'; 'But they cannot use immigration status to justify discriminating against you based on your national origin, race, or other protected characteristics'; 'You are treated differently in person than on the phone'; 'You are discouraged from applying for credit'; 'You are offered credit with a higher rate than the one you applied for, even though you qualify for the lower rate'; 'You are denied credit, but not given a reason why or told how to find out why'; 'You feel pushed or pressured to sign' · Checked October 17, 2026

17. The CFPB reports that, since 2025, it no longer uses disparate impact in its supervision or enforcement of fair lending laws; that it focuses its fair lending efforts on intentional discrimination with identified victims; that it issued a final rule amending Regulation B, which implements ECOA; and that it is evaluating institutions' compliance with the adverse action notice requirements of ECOA and the Fair Credit Reporting Act (FCRA).

    Sources 17 · Guaranteeing Fair Banking for All Americans and Fighting Debanking (CFPB, page last modified Oct. 2, 2026): 'the CFPB is no longer using disparate impact in its supervision or enforcement of fair lending laws'; 'The CFPB focuses its fair lending efforts on intentional discrimination with identified victims'; 'a final rule for Regulation B, subpart A, implementing ECOA'; 'particularly the adverse action notice requirements under these laws' · Checked October 17, 2026

18. The CFPB says it sends complaints to the company for a response, generally within 15 days, or to another agency that can help better; that you generally cannot submit a second complaint about the same problem, so you should include the key facts and supporting documents such as account statements and communications with the company; that you can also submit by phone at (855) 411-2372; that it retains complaint information, including personal information, for 25 years; and that it shares complaints with certain state and federal agencies as the law allows.

    Sources 18 · Submit a complaint (CFPB, page last modified Oct. 5, 2026): 'If we find that another government agency would be better able to assist, we will send your complaint to them'; 'Companies generally respond in 15 days'; 'You generally can’t submit a second complaint about the same problem'; 'Attach documents that support the facts like account statements and communications with the company'; '(855) 411-2372'; 'The current retention period for complaints is 25 years'; 'we share your complaint with certain state and federal agencies' · Checked October 17, 2026

19. FHFA, Fannie Mae and Freddie Mac created the Mortgage Translations clearinghouse, with translated documents, borrower education materials and a standardized glossary of mortgage terms in English, Spanish, traditional Chinese, Vietnamese, Korean and Tagalog; FHFA notes that the material is for informational purposes only and that it is not liable for inaccuracies in translations.

    Sources 19 · Mortgage Translations (FHFA): 'Created by FHFA, Fannie Mae, and Freddie Mac'; 'a standardized glossary of mortgage terms'; 'The site contains documents and resources in English, Spanish, traditional Chinese, Vietnamese, Korean, and Tagalog'; 'The material presented is for informational purposes only'; 'FHFA is not liable for any inaccuracies in translated materials' · Checked October 17, 2026

20. The CFPB warns that you should never sign anything you do not understand.

    Sources 20 · At the mortgage loan closing, do I have to sign if I don't like the terms? (last reviewed Jan 14, 2025): 'You should never sign anything that you don't understand' · Checked October 17, 2026

21. HUD-approved housing counselors give independent advice on buying, renting, defaults and credit, often at little or no cost.

    Sources 21 · Find a Housing Counselor: 'Housing counselors throughout the country can provide advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'they can offer independent advice, often at little or no cost to you' · Checked October 17, 2026