24 C.F.R. § 100.142
§ 100.142 Types of information. (24 CFR Part 100)
Operative Text
(a) The privilege under this subpart covers: (1) The report or results of the self-test; (2) Data or factual information created by the self-test; (3) Workpapers, draft documents and final documents; (4) Analyses, opinions, and conclusions if they directly result from the self-test report or results. (b) The privilege does not cover: (1) Information about whether a lender conducted a self-test, the methodology used or scope of the self-test, the time period covered by the self-test or the dates it was conducted; (2) Loan files and application files, or other residential real estate-related lending transaction records (e.g., property appraisal reports, loan committee meeting minutes or other documents reflecting the basis for a decision to approve or deny a loan application, loan policies or procedures, underwriting standards, compensation records) and information or data derived from such files and records, even if such data has been aggregated, summarized or reorganized to facilitate analysis.
Under 24 CFR Part 100 § 100.142, federal fair lending rules establish a self-test privilege that shields certain internally generated materials from disclosure — specifically the results, data, workpapers, drafts, and analyses that flow directly from a lender's voluntary self-test. However, the privilege has clear boundaries: it does not protect basic facts about whether a self-test occurred, how it was designed, or when it was conducted. Critically, underlying loan files, application records, appraisal reports, underwriting standards, and similar transaction documents remain fully accessible regardless of whether a lender has reorganized or summarized that data as part of a self-test.
Plain English — not legal advice.
Lenders and mortgage-related entities operating under 24 CFR Part 100 § 100.142 who conduct voluntary fair lending self-tests generally maintain a careful separation between privileged self-test materials — such as internal analyses and draft reports — and the underlying transaction records that the privilege never covers. Compliant operators typically document the existence, methodology, and scope of any self-test in a way that acknowledges those administrative facts are not privileged. Because loan files, appraisal reports, and underwriting records remain discoverable even when incorporated into a self-test analysis, operators generally treat those source documents as subject to normal recordkeeping and disclosure obligations.
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 § 100.142, a lender's self-test privilege does not extend to the actual loan files, application records, appraisal reports, or underwriting standards that document how lending decisions were made — meaning those records can remain accessible in fair lending inquiries or proceedings. Tenants and prospective borrowers who believe they have experienced discriminatory lending practices may find it useful to know that a lender cannot use the self-test privilege to shield the underlying transaction documents from scrutiny. Tenant-rights organizations, HUD's fair housing complaint process, or a consultation with a fair housing attorney can help individuals understand how § 100.142's privilege boundaries may 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.
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