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The Body of Knowledge for Residential Real Estate Appraisal
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8 results for fair housing and appraisal bias
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Here's what the guidelines say: We are required by federal law—specifically the Fair Housing Act and the Equal Credit Opportunity Act—to develop and report appraisals without considering or appearing to consider the race, color, national origin, religion, sex, disability, familial status, marital status, or age of the current or prospective owners, occupants, or residents of the surrounding area; this applies to how we select comparable properties, make adjustments, write narrative comments, and choose photographs. We cannot use neighborhood demographic composition instead of actual market data to support a value conclusion, describe neighborhoods in ways that signal racial or ethnic composition, or select comparables that steer value based on racial composition. Every time we sign an appraisal report, we certify under oath that we performed the assignment without bias and did not base any part of the appraisal on these protected characteristics or any other basis prohibited by fair housing law. When a lender receives a Reconsideration of Value request—a challenge to our valuation due to potential reporting deficiencies, inappropriate comparable selection, or additional information—we are expected to respond to that request, and lenders are required to refer us to local, state, and federal agencies if they identify violations of anti-discrimination laws. Straight from Fair Housing Law & Appraisal Bias (Fair Housing Act, ECOA, USPAP AO-39/40), 2024 USPAP, UAD 3.6/URAR (FNMA), and Reconsideration of Value (ROV) Guidance — nothing added.
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#1 Fair Housing Law & Appraisal Bias (Fair Housing Act, ECOA, USPAP AO-39/40) Page 1
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SOURCE: Chief Appraiser Knowledge Base — Fair Housing Laws and Appraisal Bias Regulation Compiled from: Fair Housing Act (Title VIII, 42 U.S.C. 3601 et seq.); Equal Credit…
Fair Housing Law & Appraisal Bias (Fair Housing Act, ECOA, USPAP AO-39/40)  ·  Fair_Housing_and_Appraisal_Bias_Requirements.txt  ·  Page 1  ·  View at official source (The Appraisal Foundation — USPAP) →
SOURCE: Chief Appraiser Knowledge Base — Fair Housing Laws and Appraisal Bias Regulation Compiled from: Fair Housing Act (Title VIII, 42 U.S.C. 3601 et seq.); Equal Credit Opportunity Act (Regulation B); USPAP Ethics Rule and Advisory Opinions AO-39/AO-40 (The Appraisal Foundation); Appraiser Qualifications Board Real Property Appraiser Qualification Criteria (effective January 1, 2026); HUD Mortgagee Letters; FHFA Enterprise ROV policy announcements; Fannie Mae Selling Guide; Nevada Revised Statutes Chapter 118; Nevada Equal Rights Commission (detr.nv.gov/nerc) Last reviewed: July 2026 ===================================================================== Fair Housing Laws and Appraisal Bias Regulation Appraisers operate under two overlapping obligations: general civil rights law that applies to anyone engaged in a residential real estate transaction, and USPAP-specific ethics requirements that apply because they are appraisers. Getting the appraisal right on value is not sufficient. The process and the language used to get there must also be free of bias, whether intentional or not. This is a fast-moving regulatory area. Several federal enforcement initiatives launched between 2021 and 2024 were rolled back in 2025. What has not changed is the underlying law, the Fair Housing Act and the Equal Credit Opportunity Act, and USPAP's Ethics Rule. What has changed is which federal mortgagee-letter-level enforcement mechanisms are currently active. Federal law: the two statutes that govern appraiser conduct. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601 et seq., protects race, color, national origin, religion, sex, familial status, and disability, and applies to any person or entity involved in a residential real estate transaction, including appraisers. The Equal Credit Opportunity Act, Regulation B, protects race, color, national origin, religion, sex, marital status, age, and receipt of public assistance income, and applies to anyone involved in a credit transaction. Appraisals ordered for lending purposes fall within its scope. Practical effect for appraisers: an appraisal may not be developed or reported in a manner that considers, or gives the appearance of considering, the race, color, national origin, religion, sex, disability, familial status, marital status, or age of current or prospective owners or occupants, or of the residents of the surrounding area. This applies to comparable selection, adjustments, narrative comments, and photographs. Common violation patterns include using neighborhood demographic composition, rather than market data, to support a value conclusion; describing a neighborhood or its residents in a way that signals racial or ethnic composition; selecting comparables that steer value based on the racial composition of
#2 Fair Housing Law & Appraisal Bias (Fair Housing Act, ECOA, USPAP AO-39/40) Page 4
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loan is FHA or conventional before advising a lender, borrower, or real estate agent on reconsideration of value procedure, and confirm current requirements with the AMC or lender…
Fair Housing Law & Appraisal Bias (Fair Housing Act, ECOA, USPAP AO-39/40)  ·  Fair_Housing_and_Appraisal_Bias_Requirements.txt  ·  Page 4  ·  View at official source (The Appraisal Foundation — USPAP) →
loan is FHA or conventional before advising a lender, borrower, or real estate agent on reconsideration of value procedure, and confirm current requirements with the AMC or lender at the time of assignment, since this is an area still being actively revised. Nevada state law on fair housing. Nevada Revised Statutes Chapter 118, Discrimination in Housing, sections 118.010 through 118.120, prohibits housing discrimination on the basis of race, color, national origin, religion, disability, sex, sexual orientation, gender identity or expression, ancestry, and familial status. NRS 118.100 specifically lists prohibited discriminatory acts and practices, which include discrimination in the appraisal of a dwelling. The Nevada Equal Rights Commission investigates housing discrimination complaints, including appraisal-related complaints, and works with HUD on dual-filed cases. Practical checklist for appraisers avoiding fair housing and bias violations. Base every adjustment and value conclusion on verifiable market data, never on the demographic composition of a neighborhood or of current or prospective occupants. Avoid subjective descriptive language about neighborhoods or occupants, such as "pride of ownership," "desirable area," "undesirable area," or "transitional neighborhood," unless the description is tied to an objective, reportable market factor. Select comparables based on physical and locational similarity and market evidence, and document the rationale. Photograph the subject property and comparables consistently; do not selectively frame images to emphasize or downplay a neighborhood's demographic characteristics. Know which reconsideration of value process applies, FHA or conventional, before advising a lender or borrower. Complete the AQB-required seven-hour valuation bias and fair housing course as part of 2026 and later continuing education, verified against the specific state renewal cycle. If a complaint or reconsideration of value request alleges bias, document the objective basis for every judgment made, since this is the primary defense against a bias allegation. Why this matters to real estate agents, not just appraisers: an agent preparing a seller for a listing, or representing a buyer through financing, may be asked directly whether an appraiser can consider a neighborhood's racial or ethnic makeup, or may need to explain a reconsideration of value process to a client who suspects bias affected their appraisal. Agents are not the ones who file a reconsideration of value request, the borrower or lender initiates that, but understanding which process applies and what an appraiser is and is not permitted to consider lets an agent set accurate expectations with a client rather than guessing or escalating unnecessarily. Beyond Nevada: every
#3 2024 USPAP Page 266
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Act (FHACY); 16+ The Equal Credit Opportunity Act (ECA); and 17 + Sections 1981 and 1982 of the Civil Rights Act of 1866. 18 In addition to mentioning these federal…
2024 USPAP  ·  2024_USPAP_text.txt  ·  Page 266  ·  View at official source (The Appraisal Foundation — USPAP) →
Act (FHACY); 16+ The Equal Credit Opportunity Act (ECA); and 17 + Sections 1981 and 1982 of the Civil Rights Act of 1866. 18 In addition to mentioning these federal antidiscrimination laws, the Nondiscrimination section also references the 19 long-established legal concepts of “disparate treatment” and “disparate impact," which are integral to the cited laws 20 and explained below. 2). The ETHICS RULE requires that an appraiser not act in a manner that violates antidiscrimination laws or regulations, 22 and further, not act in a manner that contributes to a violation of those laws. For any given assignment, this might 22. require compliance with one or more federal antidiscrimination laws and their implementing regulations, as well 24 as state and local antiiscrimination laws and regulations’ For example, where the Intended use of residential real 25. property appraisal assignment results is to faciltate a mortgage-related transaction, the FHAct, ECOA, the Civil Rights 26 Act of 1866, and state and local laws have provisions that may apply to the appraiser or the assignment, which the 27 appraiser will need to follow in order not to violate or contribute to violations of antidiscrimination law. 28 The Fair Housing Act 29. The Fair Housing Act (FHAct), also known as Title Vill of the 1968 Civil Rights Act (subsequently amended in 20 1988 by the Fair Housing Amendments Act), addresses housing discrimination and is a key component of the 31 antidiscrimination framework of the US. legal system. 22 The FHAct prohibits discrimination in a number of activities relating to housing, including the renting or buying of a 33 home and obtaining a mortgage? The FHAct prohibits discrimination in residential real estate-related transactions, 2 which the FHAct defines to include “the appraising of residential real property"? The Department of Housing and Urban 1 USPAP also requires an appraiser to comply with all other federal, state or local laws and regulations that are applicable tothe assignment as a matter of competency 2 42US.C.$8 3601-2619; Housing Discrimination Under the Fir Housing Act, psi hud govlprogram_ofices/air housing f2qvel_opp/fair housing_ac_ overview: 42 USC. § 3605(0) 3 42USC.$ 3605( 18 c= USPAP Guidance: Advisory Opinions oS © The Appraisal Foundation --- Page 207 --- Ens. ‘ADVISORY OPINION 39 Development (HUD) provides the regulations through which the FHAct is enforced. HUD regulations contain information 25 that applies to appraisers, so appraisers should look to HUD regulations when determining how to comply with
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