CFPB Provides Guidance to Help Lenders Avoid Discrimination Against Consumers Receiving Disability Income
Bureau Warns Lenders Against Creating Illegal Hurdles for Recipients of Social Security Disability Income
WASHINGTON, D.C. — Today, the Consumer Financial Protection Bureau (CFPB) is issuing a bulletin to help lenders avoid imposing illegal burdens on consumers receiving disability income who apply for mortgages. The CFPB is reminding lenders that requiring unnecessary documentation from consumers who receive Social Security disability income may raise fair lending risk. Today’s bulletin calls attention to standards and guidelines that may help lenders comply with the law, and help ensure that recipients of Social Security disability income receive fair and equal access to credit.
“Everyone deserves the opportunity to qualify for a mortgage that they can afford,” said CFPB Director Richard Cordray. “Consumers should not be put at a disadvantage just because they receive Social Security disability income. Lenders should continue to make fair and responsibly underwritten mortgages without imposing unnecessary requirements on consumers who receive these benefits.”
The bulletin is available at: https://files.consumerfinance.gov/f/201411_cfpb_bulletin_disability-income.pdf
More than 15 million people receive Social Security disability income every year, including many who are veterans of the U.S. armed forces. For those relying on this income, qualifying for a mortgage can be a challenge when lenders ask for proof of how long they will receive their benefits. The Social Security Administration provides these benefits for individuals with serious disabilities, but generally will not provide documentation regarding how long benefits will last. Some applicants have reported being asked for information about their disabilities or even for doctors’ notes about the likely duration of their disabilities.
Today’s bulletin discusses standards and guidelines on verification of Social Security disability income, including under the CFPB’s Ability-to-Repay rule, the Department of Housing and Urban Development’s (HUD) standards for Federal Housing Administration-insured (FHA) loans, the Department of Veterans Affairs (VA) standards for VA-guaranteed loans, and guidelines from Fannie Mae and Freddie Mac.
To verify income for Qualified Mortgage debt-to-income ratios under the Ability-to-Repay rule, lenders are required to look at whether the Social Security Administration benefit verification letter or equivalent document includes a defined expiration date for payments. Unless the Social Security Administration letter specifically states that benefits will expire within three years of loan origination, lenders should treat the benefits as likely to continue.
Under HUD’s standard for documenting income for FHA-insured mortgages, lenders are directed not to ask a consumer with a disability for documentation about the nature of his or her disability under any circumstances. The VA standard for VA-guaranteed loans emphasizes that lenders do not need to get a statement from a consumer’s physician about how long a medical condition will last. Fannie Mae and Freddie Mac have issued similar guidelines for loans that are eligible for their purchase, allowing consumers to use Social Security disability benefits as qualifying income for a mortgage.
The Equal Credit Opportunity Act (ECOA) prohibits creditors from discriminating against an applicant because some or all of the applicant’s income is from a public assistance program, which includes Social Security disability income. As today’s bulletin notes, lenders can consider the source of an applicant’s income for determining pertinent elements of creditworthiness. However, lenders may face fair lending risk if they require documentation beyond that required by applicable agency or secondary market standards and guidelines to demonstrate that Social Security disability income is likely to continue.
The bulletin reminds lenders that following the applicable standards and guidelines may help them avoid policies and procedures that violate ECOA. Additionally, clear articulation of verification requirements for Social Security disability income, proper training of employees involved in mortgage origination, and careful compliance monitoring can all help manage fair lending risk in this area.
The Consumer Financial Protection Bureau (CFPB) is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit www.consumerfinance.gov.