24 C.F.R. § 100.130
§ 100.130 Discrimination in the terms and conditions for making available loans or other financial assistance. (24 CFR Part 100)
Operative Text
(a) It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin. (b) Unlawful conduct under this section includes, but is not limited to: (1) Using different policies, practices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin. (2) Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, cost, duration or other terms or conditions for a loan or other financial assistance for a dwelling or which is secured by residential real estate, because of race, color, religion, sex, handicap, familial status, or national origin. (3) Servicing of loans or other financial assistance with respect to dwellings in a manner that discriminates, or servicing of loans or other financial assistance which are secured by residential real estate in a manner that discriminates, or providing such loans or financial assistance with other terms or conditions that discriminate, because of race, color, religion, sex, handicap, familial status, or national origin. (4) Conditioning an aspect of a loan or other financial assistance to be provided with respect to a dwelling, or the terms or conditions thereof, on a person's response to harassment because of race, color, religion, sex, handicap, familial status, or national origin. (5) Subjecting a person to harassment because of race, color, religion, sex, handicap, familial status, or national origin that has the effect of imposing different terms or conditions for the availability of such loans or other financial assistance.
Under 24 CFR Part 100 § 100.130, lenders and other financial institutions that provide loans or assistance tied to buying, building, or maintaining homes are prohibited from treating applicants differently based on protected characteristics such as race, religion, sex, disability, familial status, or national origin. This covers the full arc of a lending relationship — from how creditworthiness is assessed, to the rates and terms offered, to how loans are serviced after closing. The rule also extends to harassment that effectively pressures someone into accepting worse financial terms because of a protected characteristic.
Plain English — not legal advice.
Property owners who also act as private lenders or who work closely with financing partners should be aware that § 100.130 governs the entire lending process, not just the initial approval decision. Compliant operators apply consistent underwriting standards, offer equivalent loan products and terms to similarly situated applicants, and ensure that loan servicing practices do not vary by protected class. Reviewing internal policies and third-party financing arrangements for uniformity across all protected characteristics is a standard part of fair-lending compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a lender offered you worse loan terms, applied stricter credit standards, or subjected you to harassment during the financing process because of your race, religion, sex, disability, familial status, or national origin, § 100.130 may be relevant to your situation. Potential enforcement paths include filing a fair housing complaint with the U.S. Department of Housing and Urban Development (HUD), contacting your state or local fair housing agency, or reaching out to a nonprofit tenant- or borrower-rights organization for guidance. A violation of this provision can also be raised as part of a broader fair housing claim in administrative or judicial proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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