24 C.F.R. § 100.146
§ 100.146 Limited use of privileged information. (24 CFR Part 100)
Operative Text
Notwithstanding § 100.145, the self-test report or results may be obtained and used by an aggrieved person, applicant, department or agency solely to determine a penalty or remedy after the violation of the Fair Housing Act has been adjudicated or admitted. Disclosures for this limited purpose may be used only for the particular proceeding in which the adjudication or admission is made. Information disclosed under this section remains otherwise privileged under this subpart.
Under 24 CFR Part 100 § 100.146, a lender's fair lending self-test report or results—which are otherwise protected from disclosure—can be accessed and used in a narrow circumstance: only after a Fair Housing Act violation has already been formally adjudicated or admitted, and only to help determine an appropriate penalty or remedy. Even then, the disclosed information is confined strictly to that specific proceeding and cannot be carried over into other matters. Outside of this limited exception, the self-test materials retain their privileged status under the broader subpart.
Plain English — not legal advice.
Under § 100.146, housing providers and lenders who conduct fair lending self-tests should understand that the privilege protecting those reports is not absolute once a violation has been adjudicated or admitted. Compliant operators generally maintain clear records distinguishing self-test materials from other compliance documents, so that any court- or agency-ordered disclosure remains tightly scoped to the specific proceeding at hand. Operators typically work with legal counsel to ensure that disclosures made under this provision do not inadvertently waive privilege in unrelated matters.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.146 means that if you or a government agency has already obtained a finding or admission of a Fair Housing Act violation against a housing provider, the self-test data that would otherwise be off-limits may become available to help establish an appropriate remedy or penalty in that proceeding. Tenants or applicants who qualify as aggrieved persons under the Fair Housing Act may be able to raise this provision in an ongoing adjudication to access relevant self-test findings. Tenant-rights organizations and HUD's Office of Fair Housing and Equal Opportunity can help explain how this limited disclosure pathway might apply in an existing proceeding.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.