Newton 311

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Newton City Hall
1000 Commonwealth Ave
Newton Centre, MA 02459
617-796-1000
TDD/TTY 617-796-1089

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Tuesday
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Fair Housing

Newton, MA Fair Housing Menu City of Newton, MA Fair housing home page City of Newton, MA fair housing information for homebuyers and renters City of Newton, MA fair housing web pages information for property managers, landlords and realtors City of Newton, MA fair housing lender information (coming soon) City of Newton, MA Fairhousing and Human Rights Commission City of Newton fair housing reports, plans and policies web pages City of Newton, MA upcoming events and training for fair housing City of Newton, MA fair housing resource links City of Newton, MA fairhousing contact information City of Newton, MA housing development webpages

FAIR HOUSING & FAIR LENDING BASICS

Federal Housing and Lending Antidiscrimination Legislation:

  • The Fair Housing Act: Prohibits discrimination in housing (including mortgage lending) on the basis of race, color, religion, national origin, sex, disability and familial status
  • 42 U.S.C. § 3605(a)
    It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
  • Equal Credit Opportunity Act:
    Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program
  • Truth in Lending Act
    Requires clear disclosure of key terms of the lending arrangement
  • Additional federal laws: RESPA -  Real Estate Settlement Procedures Act & HOPEA – Home Ownership and Equity Protection Act

 

Massachusetts Lending Antidiscrimination Legislation:

  • MA Truth In Lending Act – 4 year right to rescission if misrepresentations
  • M.G.L. c.183 §28C – Refinancing must be in the borrowers interest – burden on lender
  • M.G.L. c. 183C §1 Predatory Home Loan Practices Act  – prohibits high cost loans
  • Chapter 206 of the Acts of 2007 – An Act Protecting and Preserving Homeownership - Requires 90 day right to cure before foreclosure initiated
  • M.G.L. c.93A – Consumer Protection Act
  • Attorney General Regulations – Prohibit Foreclosure Rescue Scams; Prohibit Deceptive Mortgage Practices

 

Why Should You Avoid Discriminating?

Because if discriminatory housing/lending practices are challenged, you could be subject to the following remedies:

  • Monetary damages
  • Injunctive Relief
  • Civil Penalties
  • Punitive Damages
  • Lawyer’s fees

 

Lender Do’s: Best Practices to Avoid Liability 

  • Laws and Regulations – Comply with all applicable state and federal laws and regulations
  • Confidentially – Respect borrowers’ privacy rights by complying with federal and state privacy laws.
  • Equitable Treatment – Maintain a work environment that encourages compliance with these fair lending and consumer best lending practices and facilitates the fair and equitable treatment of consumers.
  • Professionalism – Endeavor to employ a workforce of talented, qualified individuals with diverse backgrounds in compliance with applicable laws.
  • Procedures and Training – Establish internal compliance, fair lending, servicing, quality, audit and disciplinary procedures. Provide training to employees.
  • Compliance – Establish internal procedures to promote compliance with these best practices and applicable law; take appropriate steps to rectify problems.
  • Report Violations – Encourage every employee to report violations to senior management. 
  • Internal Review – On a periodic basis review random samples of loan files to determine compliance.
  • Customer Contact Employee Evaluation – Evaluate the behaviors of “customer contact employees” through appropriate measurement tools.

 

Resources:

For additional information and guidance on your fair housing obligation contact:

The Fair Housing Center of Greater Boston
works to eliminate housing discrimination and promote open communities throughout the region.
We serve the communities in Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties.
59 Temple Place, #1105
Boston, MA 02111
Phone: (617) 399-0491
Fax: (617) 399-0492
TTY users, please call the MA Relay Service
at 1-800-439-2370
E-mail: info@bostonfairhousing.org
www.bostonfairhousing.org

City of Newton

Newton City Hall
1000 Commonwealth Avenue
Newton, MA 02459
Housing Discrimination Hotline 617-796-1283
TDD/TTY 617-796-1089
ADA voicemail 617-796-1281
Email: fairhousing@newtonma.gov
Website: www.ci.newton.ma.us/fairhousing 

 

Date: June 2008