The Department of Housing and Urban Development (HUD) issued a “Dear Colleague” letter to real estate professionals clarifying that sharing crime or school quality information with prospective homebuyers or renters is not a violation of the Fair Housing Act (FHA) when shared without discriminatory intent. The letter follows closely on the heels of a final rule issued by the Consumer Financial Protection Bureau (CFPB) to …
CFPB Finalizes Significant Changes to Regulation B
On April 22, 2026, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register a final rule amending Regulation B, the regulation implementing the Equal Credit Opportunity Act (ECOA). The final rule is largely unchanged from the CFPB’s notice of proposed rulemaking issued in November 2025. Effective July 21, 2026, the final rule: Expressly eliminates the “effects test,” commonly referred to as disparate impact. …
FHFA Repeals Fair Housing and Fair Lending Rule
On February 6, 2026, the Federal Housing Finance Agency (FHFA) published a final rule repealing its Fair Lending, Fair Housing, and Equitable Housing Finance Plans regulation (part 1293).[1] Adopted in May 2024, part 1293 codified the FHFA’s fair housing and fair lending oversight of Fannie Mae, Freddie Mac and the Federal Home Loan Banks (together, the regulated entities). After publishing a notice of proposed rulemaking …
CFPB and DOJ Withdraw 2023 Statement on ECOA and Noncitizen Borrowers
On January 12, 2026, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) formally withdrew their October 2023 joint statement addressing creditors’ consideration of immigration status under the Equal Credit Opportunity Act (ECOA) and its implementing Regulation B. The withdrawal is another explicit renunciation of the previous administration’s policies applicable to financial services, though the agencies were clear that withdrawal of the …
Key Fair Lending Updates From the Fed’s 2025 Interagency Webinar
On December 16, the Federal Reserve (Fed) hosted its annual Fair Lending Interagency Webinar, during which it, the National Credit Union Administration (NCUA) and the Consumer Financial Protection Bureau (CFPB) offered insight into their fair lending programs. The Fed highlighted its risk-focused approach to fair lending supervision, emphasizing the importance of tailored risk assessments, recurring training and robust monitoring of discretionary lending practices. Examiners continue …
DOJ Ends Disparate-Impact Liability Under Title VI, Narrowing Civil Rights Enforcement
On December 9, 2025, the US Department of Justice (DOJ) issued a final rule eliminating “disparate-impact” liability from its Title VI regulations. The final rule rescinds portions of DOJ’s Title VI regulations that allowed disparate-impact claims (i.e., challenges to neutral policies with disproportionate effects on protected groups) and aligns DOJ’s enforcement approach with the administration’s broader campaign to curtail disparate-impact liability across federal agencies. This …
Revising Reg B: CFPB Proposes Changes to Disparate Impact, Discouragement and Special Purpose Credit
On Thursday, November 13, 2025, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPRM) to amend provisions of Regulation B (12 CFR Part 1002), which implements the Equal Credit Opportunity Act (ECOA). The NPRM proposes to modify Regulation B by: Removing language supporting disparate-impact liability under the ECOA. Narrowing the prohibition on discouragement of applicants or prospective applicants. Establishing new standards …
OCC to Halt Fair Lending Exams
The Office of the Comptroller of the Currency (OCC) recently announced a stop to fair lending examinations of the banks it supervises until early 2026, in the most recent change in the federal government’s policy shift away from fair lending enforcement and supervision. As reported by Bloomberg Law, an internal OCC email from Chief National Bank Examiner Jay Gallagher announced that the agency would “defer” all …
OCC Bulletins Announce Plans to Eliminate Debanking
The Office of the Comptroller of the Currency (OCC) recently issued two bulletins aimed at preventing banks from engaging in “politicized or unlawful debanking,” aligning with a recent executive order (EO) from President Donald Trump. The OCC warns banks that debanking practices may negatively impact their Community Reinvestment Act (CRA) reviews and licensing applications, and reiterates their legal obligations under the Right to Financial Privacy …
To Carry Out EO, SBA Orders Its Lenders to Review and End Debanking Practices
The US Small Business Administration (SBA) has sent letters to its network of more than 5,000 lenders to stop “politicized or unlawful debanking” practices. The directive follows President Donald Trump’s recent executive order to cease debanking based on political, religious or ideological beliefs. Lenders must take specific actions to ensure compliance with the new federal mandate and avoid discriminatory banking practices. Read more ›