usc 12 § 1735f–5
Prohibition against discrimination on account of sex in extension of mortgage assistance; consideration of combined income of husband and wife for purpose of extending mortgage credit; definitions (BANKS AND BANKING (12 U.S.C.))
Operative Text
No federally related mortgage loan, or Federal insurance, guaranty, or other assistance in connection therewith (under this chapter or any other Act), shall be denied to any person on account of sex; and every person engaged in making mortgage loans secured by residential real property shall consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit in the form of a federally related mortgage loan to a married couple or either member thereof. For purposes of subsection (a), the term “federally related mortgage loan” means any loan which— is secured by residential real property designed principally for the occupancy of from one to four families; and is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary of Housing and Urban Development or any other officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency; or is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or is made in whole or in part by any “creditor”, as defined in section 1602(f) of title 15, who makes or invests in residential real estate loans aggregating more than $1,000,000 per year.
Under 12 U.S.C. § 1735f–5, federally related mortgage loans and associated federal insurance, guaranty, or assistance programs cannot be denied to someone solely because of their sex. When a married couple applies for such a loan, lenders covered by this statute are required to evaluate the combined income of both spouses without prejudice rather than discounting or ignoring one partner's earnings. The term 'federally related mortgage loan' is defined broadly to cover loans backed, insured, regulated, or purchased by federal agencies or major secondary-market entities, as well as loans made by larger residential lenders.
Plain English — not legal advice.
Property owners and investors who originate or work with federally related mortgage loans as defined in 12 U.S.C. § 1735f–5 should be aware that compliant lenders in this space do not screen applicants based on sex and do not discount a spouse's income when evaluating a married couple's application. Operators who rely on mortgage financing for acquisitions or refinancing generally confirm that their lending partners follow these non-discrimination requirements. Familiarity with this provision can be relevant when evaluating the underwriting practices of lenders used in residential real estate transactions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 U.S.C. § 1735f–5, prospective borrowers have a right not to be denied a federally related mortgage loan on the basis of sex, and married applicants have the right to have both spouses' incomes considered on equal footing. If a lender appears to have violated these protections, affected individuals may file a complaint with the Consumer Financial Protection Bureau, the Department of Housing and Urban Development, or another relevant federal regulator depending on the lender's charter. Consulting a tenant-rights or fair-lending organization can help individuals understand what documentation and complaint pathways may be available under this provision.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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