24 C.F.R. § 100.141
§ 100.141 Definitions. (24 CFR Part 100)
Operative Text
As used in this subpart: Lender means a person who engages in a residential real estate-related lending transaction. Residential real estate-related lending transaction means the making of a loan: (1) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or (2) Secured by residential real estate. Self-test means any program, practice or study a lender voluntarily conducts or authorizes which is designed and used specifically to determine the extent or effectiveness of compliance with the Fair Housing Act. The self-test must create data or factual information that is not available and cannot be derived from loan files, application files, or other residential real estate-related lending transaction records. Self-testing includes, but is not limited to, using fictitious credit applicants (testers) or conducting surveys of applicants or customers, nor is it limited to the pre-application stage of loan processing.
Section 100.141 establishes the working definitions for key terms used in the self-testing subpart of the Fair Housing Act lending regulations. A 'lender' is broadly defined as any person involved in residential real estate-related lending, which covers loans for purchasing, building, improving, or repairing a home, as well as loans secured by residential property. A 'self-test' is a voluntary program a lender designs and uses specifically to measure its own Fair Housing Act compliance, generating new data—such as results from tester applicants or customer surveys—that goes beyond what already exists in loan or application files.
Plain English — not legal advice.
Property owners and managers who also act as lenders—such as those offering seller financing—fall within the definition of 'lender' under § 100.141 and should be aware that self-testing programs they voluntarily conduct may carry specific legal protections and obligations under this subpart. Compliant operators typically ensure that any self-test is genuinely designed to assess Fair Housing Act compliance and produces independent data not already derivable from existing transaction records. Understanding these definitions helps operators structure any voluntary compliance review in a way that aligns with the regulatory framework established in § 100.141.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants and prospective borrowers, § 100.141 defines the scope of who qualifies as a lender and what kinds of voluntary compliance-testing programs are covered under the Fair Housing Act's lending provisions. Knowing that lenders may conduct self-tests—including the use of fictitious applicants or customer surveys—can help renters and homebuyers understand how fair lending compliance is monitored. Those who believe they have experienced discriminatory lending practices may consider contacting a tenant-rights or fair housing organization, or filing a complaint with HUD, to explore available options.
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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