24 C.F.R. § 100.140
§ 100.140 General rules. (24 CFR Part 100)
Operative Text
(a) Voluntary self-testing and correction. The report or results of a self-test a lender voluntarily conducts or authorizes are privileged as provided in this subpart if the lender has taken or is taking appropriate corrective action to address likely violations identified by the self-test. Data collection required by law or any governmental authority (federal, state, or local) is not voluntary. (b) Other privileges. This subpart does not abrogate any evidentiary privilege otherwise provided by law.
Under § 100.140, when a mortgage lender voluntarily conducts or authorizes a self-test of its lending practices, the resulting report or findings can be shielded from disclosure—but only if the lender is actually taking appropriate corrective action to address any likely fair-lending violations the self-test uncovers. Data collection that a government body or law already requires does not qualify as voluntary and therefore cannot receive this protection. The rule also clarifies that this privilege framework does not eliminate any other evidentiary privileges that may exist under other laws.
Plain English — not legal advice.
Property owners and mortgage lenders operating under § 100.140 who choose to run voluntary fair-lending self-tests generally document that the testing was self-initiated—not mandated by a regulator—and pair any resulting report with a concrete corrective-action plan addressing identified likely violations. Compliance-oriented operators treat the privilege as contingent on follow-through: the protection attaches to the self-test results only when remediation is underway or completed. Lenders also typically review whether other applicable evidentiary privileges under § 100.140(b) may independently protect certain materials.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.140 is relevant to borrowers and prospective borrowers because it governs when a lender's internal fair-lending self-test results can be shielded from disclosure in legal or administrative proceedings. If a fair-lending complaint or lawsuit is involved, the question of whether a lender properly invoked this privilege—and whether corrective action was genuinely taken—may be a significant issue. Tenants and borrowers who believe they have experienced discriminatory lending practices can explore their options through a HUD fair-housing complaint, a state or local fair-housing agency, or a tenant-rights or fair-lending organization familiar with § 100.140 and related provisions.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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