24 C.F.R. § 100.145
§ 100.145 Loss of privilege. (24 CFR Part 100)
Operative Text
(a) The self-test report or results are not privileged under this subpart if the lender or person with lawful access to the report or results: (1) Voluntarily discloses any part of the report or results or any other information privileged under this subpart to any aggrieved person, complainant, department, agency, or to the public; or (2) Discloses the report or results or any other information privileged under this subpart as a defense to charges a lender violated the Fair Housing Act; or (3) Fails or is unable to produce self-test records or information needed to determine whether the privilege applies. (b) Disclosures or other actions undertaken to carry out appropriate corrective action do not cause the lender to lose the privilege.
Under 24 CFR Part 100 § 100.145, the legal privilege that protects fair-lending self-test reports from disclosure can be forfeited under certain circumstances. Privilege is lost when the report or its results are voluntarily shared with outside parties, used as a defense against Fair Housing Act violation charges, or when the records cannot be produced to verify that the privilege legitimately applies. Importantly, the rule carves out an exception: disclosures made specifically to carry out corrective action do not strip the lender of the privilege.
Plain English — not legal advice.
Lenders and property managers who conduct fair-lending self-tests under 24 CFR Part 100 § 100.145 generally maintain privilege by keeping self-test reports and results confidential and avoiding their use as a litigation defense. Compliant operators typically maintain organized, accessible records so they can demonstrate the privilege applies if ever questioned. Sharing findings only within the scope of genuine corrective action — rather than for other purposes — is the conduct the rule recognizes as consistent with retaining privilege.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 100 § 100.145, if a lender voluntarily discloses self-test results, uses them as a defense in a Fair Housing Act proceeding, or cannot produce the underlying records, those materials may lose their privileged status and potentially become accessible in a fair-housing matter. Tenants or applicants who believe a lender has forfeited this privilege may raise that issue through a complaint filed with HUD or as part of a Fair Housing Act proceeding. Tenant-rights organizations and fair-housing advocacy groups can help individuals understand how this provision might be relevant to their situation.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.