24 C.F.R. § 100.144
§ 100.144 Scope of privilege. (24 CFR Part 100)
Operative Text
The report or results of a self-test may not be obtained or used by an aggrieved person, complainant, department or agency in any: (a) Proceeding or civil action in which a violation of the Fair Housing Act is alleged; or (b) Examination or investigation relating to compliance with the Fair Housing Act.
Section 100.144 establishes a privilege that shields the results and reports of a lender's or housing provider's voluntary self-test from being used as evidence against them. Specifically, the rule bars aggrieved persons, complainants, and government agencies from obtaining or introducing self-test findings in Fair Housing Act civil actions or compliance investigations. The protection is designed to encourage candid internal review by limiting the ways those findings can be turned against the entity that conducted the test.
Plain English — not legal advice.
Under § 100.144, housing providers and lenders who conduct qualifying self-tests can generally expect that the resulting reports will not be compelled or admitted in Fair Housing Act proceedings or agency investigations, provided the privilege conditions set out in the broader Part 100 framework are met. Compliant operators typically maintain clear documentation showing that a review was conducted as a genuine self-test and take care not to waive the privilege through voluntary disclosure outside protected channels. Understanding the full scope of Part 100's self-test rules helps operators structure internal fair-lending or fair-housing audits in a way that preserves this protection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.144 means that if a housing provider or lender conducted a self-test, the results of that test are generally off-limits as evidence in a Fair Housing Act complaint or civil action — even if those results might be relevant to an alleged violation. Tenants and applicants who believe they have experienced housing discrimination have other avenues for pursuing claims, such as filing a complaint with HUD, pursuing action through a state or local fair housing agency, or consulting a tenant-rights organization about what other evidence may be available. Understanding that § 100.144 limits access to self-test materials can help individuals and their advocates focus on gathering other forms of documentation when exploring a potential fair housing claim.
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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