---
kind: "section"
citation: "12 U.S.C. § 1735f–5"
title: "12"
title_heading: "Banks and Banking"
number: "1735f–5"
heading: "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"
release: "119-102"
url: "https://uscodex.org/usc/12/1735f-5"
units:
  - "Chapter 13 — National Housing"
  - "Subchapter V — Miscellaneous"
---

# §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

- (a) No [federally related mortgage loan](#b), or Federal insurance, guaranty, or other assistance in connection therewith (under this chapter or any other Act), shall be denied to [any person](/usc/12/1715z–4a.md?p=a-2) on account of sex; and every [person](/usc/12/5481.md?p=19) engaged in making [mortgage](/usc/12/1707.md?p=a) loans secured by residential real property shall consider without prejudice the combined income of both husband and wife for the purpose of extending [mortgage](/usc/12/1707.md?p=a) [credit](/usc/12/5481.md?p=7) in the form of a [federally related mortgage loan](#b) to a married couple or either [member](/usc/12/1426a.md?p=g-1) thereof.
- (b) For purposes of [subsection (a)](#a), the term “[federally related mortgage loan](/usc/12/1706f.md?p=c-1)” means any loan which—
  - (1) is secured by residential real property designed principally for the occupancy of from one to four [families](/usc/12/1715z–1.md?p=j-2-A); and
  - (2)
    - (A) is made in whole or in part by any lender the [deposits](/usc/12/5301.md?p=18-A) or accounts of which are insured by any [agency](/usc/12/1422.md?p=12) of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any [agency](/usc/12/1422.md?p=12) of the Federal Government; or
    - (B) 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](/usc/12/1422.md?p=12) 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](/usc/12/1422.md?p=12); or
    - (C) is eligible for purchase by the Federal National [Mortgage](/usc/12/1707.md?p=a) [Association](/usc/12/1828.md?p=s-4-E-i), the Government National [Mortgage](/usc/12/1707.md?p=a) [Association](/usc/12/1828.md?p=s-4-E-i), or the Federal Home Loan [Mortgage](/usc/12/1707.md?p=a) [Corporation](/usc/12/2277a.md?p=2), or from any [financial institution](/usc/12/1715k.md?p=h-1-C) from which it could be purchased by the Federal Home Loan [Mortgage](/usc/12/1707.md?p=a) [Corporation](/usc/12/2277a.md?p=2); or
    - (D) is made in whole or in part by any “creditor”, as defined in section 1602(f)[^1] of title 15, who makes or invests in residential [real estate](/usc/12/1715z–20.md?p=b-2) loans aggregating more than $1,000,000 per year.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(June 27, 1934, ch. 847, title V, § 527, as added Pub. L. 93–383, title VIII, § 808(a), Aug. 22, 1974, 88 Stat. 728; amended Pub. L. 98–479, title II, § 204(a)(22), Oct. 17, 1984, 98 Stat. 2233.)

## Notes

### Editorial Notes

### References in Text

Section 1602(f) of title 15, referred to in subsec. (b)(2)(D), was redesignated section 1602(g) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

### Amendments

1984—Subsec. (a). Pub. L. 98–479 designated first par. as subsec. (a).