Title 12—Banks and Banking--Volume 1
PART 1293—FAIR LENDING OVERSIGHT AND EQUITABLE HOUSING FINANCE
§ 1293.1   General.
(a) This part sets forth requirements related to fair lending oversight of regulated entities, equitable housing finance planning by the Enterprises, and certain data collection and reporting by the regulated entities.
(b) Nothing in this part permits or requires a regulated entity to engage in any activity that would otherwise be inconsistent with the Safety and Soundness Act, the authorizing statutes, or other applicable law.
(c) Nothing in this part creates a private right of action.
(d) If any provision of this part, or any application of a provision, is stayed or determined to be invalid, the remaining provisions or applications are severable and shall continue in effect.
§ 1293.2   Definitions.
For purposes of this part:
Annual plan update (update) means a public update to an Equitable Housing Finance Plan for the second or third year of a planning cycle.
Barrier means an element of an Enterprise's actions, products, or policies, or an aspect of the housing market that can reasonably be influenced by the Enterprise's actions, products, or policies, that contributes to an underserved community's limited share of sustainable housing opportunities, difficulties in accessing those sustainable housing opportunities, or the continuing adverse effects of discrimination affecting their participation in the housing market.
Equitable Housing Finance Plan (plan) means a three-year public plan developed with public engagement and adopted by each Enterprise describing how each Enterprise will overcome barriers to sustainable housing opportunities faced by one or more underserved communities through objectives, meaningful actions, and measurable goals.
Fair housing and fair lending laws means the Fair Housing Act, the Equal Credit Opportunity Act, and implementing regulations. Additionally, with respect to an Enterprise, it means 12 U.S.C. 4545 and implementing regulations.
Performance report (report) means an annual public report by an Enterprise on its performance under its Equitable Housing Finance Plan and other information on equitable housing and fair lending that meets the requirements of § 1293.23 and any other FHFA requirements.
Sustainable housing opportunity means a rental or homeownership opportunity that includes one or more characteristics important to the needs of a tenant or homeowner. These characteristics include but are not limited to: being affordable to obtain and sustain; relating to a dwelling that meets basic habitability requirements and is reasonably able to withstand natural disasters or other climate-related impact events; relating to a dwelling that is improving the quality of housing stock in an area; being located in an area with access to educational, transportation, economic, and other important opportunities, including community assets; being accessible for persons with disabilities and available in the most integrated setting appropriate to the needs of an individual with a disability; not placing the tenant or homeowner in a position where they are unlikely to succeed in sustaining the housing opportunity over the long term; and providing reasonable opportunities to accommodate hardships by the renter or homeowner to allow continuation of the housing opportunity.
Underserved community is a group of people with shared characteristics or an area that is subject to current discrimination or has been subjected to past discrimination that has or has had continuing adverse effects on the group or area's participation in the housing market, historically has received or currently receives a lower share of the benefits of Enterprise programs and activities providing sustainable housing opportunities, or that otherwise has had difficulty accessing these benefits compared with groups of people without the shared characteristic or other areas. Shared characteristics include but are not limited to characteristics protected by fair housing and fair lending laws applicable to the Enterprises including race, color, religion, sex (including actual or perceived sexual orientation or gender identity), familial status, national origin, disability, marital status, age, receipt of public assistance income, exercise of rights protected by the Consumer Credit Protection Act, exercise of rights protected by the Fair Housing Act, dwelling age, dwelling location, and neighborhood age. Examples of underserved communities, if supported by adequate information in a plan pursuant to § 1293.25, include: the Commonwealth of Puerto Rico, single parents, persons with disabilities, women of color, seniors with fixed income, self-employed individuals, individuals with limited mainstream credit and banking history, counties which have historically received a lower share of the benefits of Enterprise programs and activities, individuals with income variance such as skilled tradespeople or those that receive income through commission, persons with limited English proficiency, and multigenerational households.
§ 1293.3   Compliance and enforcement.
FHFA may enforce compliance with this part in any manner and through any means within its authority, including but not limited to adverse examination findings or through supervision or enforcement under 12 U.S.C. 4511(b), 4513b, 4631, or 4636. The agency may conduct examinations of a regulated entity's activities related to this part pursuant to 12 U.S.C. 4517.
§ 1293.4   Preservation of authority.
Nothing in this part in any way limits the authority of the Federal Housing Finance Agency under other provisions of applicable law and regulations.
§§ 1293.5-1293.10   [Reserved]
§ 1293.11   Regulated entity compliance.
(a) Compliance with fair housing and fair lending laws. Regulated entities must comply with fair housing and fair lending laws.
(b) Compliance with prohibition on unfair or deceptive acts or practices. Regulated entities must comply with the prohibition on unfair or deceptive acts or practices under 15 U.S.C. 45.
(c) Responsibilities of boards of directors. In accordance with § 1239.4(b)(4) of this chapter, directors of a regulated entity shall direct the operations of the regulated entity in conformity with fair housing and fair lending laws and the prohibition on unfair or deceptive acts or practices under 15 U.S.C. 45, including by appropriately considering compliance with fair housing and fair lending laws and the prohibition on unfair or deceptive acts or practices under 15 U.S.C. 45 in the oversight of the regulated entity and its business activities.
§ 1293.12   Reports, data, and certifications.
(a) Reports. FHFA may require the regulated entities to submit to FHFA regular and special reports concerning fair housing, fair lending, and compliance with § 1293.11(b) including the provision of data pursuant to FHFA instructions.
(b) Certifications. Each regular report concerning fair housing and fair lending shall include a certification of the regulated entity's compliance with fair housing and fair lending laws and with § 1293.11(b) to the best of the certifier's knowledge and belief following reasonable or due inquiry of the certifying official in addition to any other required certification or declaration (such as a declaration under 12 U.S.C. 4514(a)(4)).
§§ 1293.13-1293.20   [Reserved]
§ 1293.21   General.
(a) This subpart sets forth the Enterprise duty to engage in equitable housing finance planning and to take meaningful actions to support underserved communities, and establishes standards and procedures related to public engagement and FHFA's oversight of the Enterprises' planning and actions.
(b) If a date provided in this subpart falls on a day that is not a business day, the date required shall be the next business day.
(c) Submission and publication dates provided in this subpart may be changed by the Director, as determined appropriate, by public order for a particular required submission or publication.
(d) Plans and reports under this subpart are reports required under 12 U.S.C. 4514(a) and therefore must include a notice and declaration in compliance with 12 U.S.C. 4514(a)(4).
§ 1293.22   Equitable housing finance plans and updates.
(a) General. Every three years each Enterprise shall adopt an Equitable Housing Finance Plan covering a three-year period. Each Enterprise may adopt a public annual plan update to that plan for the second and third years of the plan.
(b) Contents of plan. The plan shall include:
(1) Identification of barriers to sustainable housing opportunities faced by one or more underserved communities;
(2) Objectives that establish the overall direction and focus for the plan by defining the outcomes the plan seeks to accomplish, and that are logically tied to one or more identified barriers;
(3) Meaningful actions (actions) describing the high-impact activities the Enterprise intends to undertake to further the identified objectives that span one or more years (including extending beyond the period covered by the plan);
(4) Specific, measurable, and time-bound goals (goals) for each action; and
(5) Summaries of the Enterprise's public engagement in developing the plan.
(c) Plan submission. Each Enterprise shall submit its Plan to FHFA for review on or before September 30 of the year prior to the first year covered by the Plan.
(d) Contents of annual plan update. If an Enterprise chooses to submit an update, it shall include all changes the Enterprise is making to its plan, including any changes in identified barriers, objectives, meaningful actions, specific, measurable, and time-bound goals, and a summary of any additional public engagement. The update shall clearly describe the specific reason(s) for each significant change to the plan.
(e) Annual update submission. If an Enterprise chooses to submit an update, it shall submit its update for FHFA review on or before February 15 of the year covered by the update.
(f) FHFA review. FHFA shall review each plan and update and, prior to publication, may:
(1) Require removal of any confidential or proprietary information;
(2) Require removal of any content that is not consistent with this part, the Safety and Soundness Act, the authorizing statutes, or other applicable law; and
(3) Provide any feedback for consideration.
(g) No prior approval of activities. FHFA's review does not constitute a prior approval of a plan or update or any action described therein. All actions included in a plan are subject to all applicable FHFA and other requirements and authorities.
(h) Disclaimer included in plan and annual update. The plan and the annual update must include disclaimer language indicating the implementation of actions may be subject to change based on certain factors.
(i) Plan and update publication. Each Enterprise shall publish its plan on its website on January 15 of the first year covered by the plan and maintain it thereafter. Each Enterprise shall publish any update on its website on April 15 of the second and third year covered by the plan and maintain it thereafter. Each Enterprise shall ensure that plans and updates are accessible to persons with disabilities.
(j) Additional guidance. From time to time, FHFA may issue public guidance on plans and updates.
§ 1293.23   Performance reports.
(a) General. Annually, each Enterprise shall publicly report on its plan progress and provide other information related to equitable housing and fair housing and fair lending for the prior year in a performance report.
(b) Contents of the report. The report shall contain, at a minimum:
(1) A narrative assessment consisting of a review of major successes and key accomplishments, as well as lessons learned and challenges experienced;
(2) Plan performance details for each objective, meaningful action, measurable goal, including outcome-based metrics;
(3) A summary of outcomes for the year categorized by type of activity and by race and ethnicity group and underserved community group (if available);
(4) A summary of outcomes for the year for homeownership programs or products created pursuant to the Plan by race and ethnicity group and underserved community group (if available);
(5) An assessment of the Enterprise's underwriting that includes:
(i) For the applicable year and the preceding three years, the accept rates for the Enterprise's automated underwriting system categorized by home purchase, rate-term refinancing, cash-out refinancing and by race and ethnicity group and by underserved community group (if available);
(ii) For the applicable year and the preceding three years, the Enterprise's single-family loan acquisitions categorized by home purchase, rate-term refinancing, cash-out refinancing, and by race and ethnicity group, neighborhood race and ethnicity, and underserved community group (if available);
(iii) For the applicable year and the preceding three years, the Enterprise's multifamily loan acquisitions categorized by neighborhood race and ethnicity;
(iv) A narrative description of paragraphs (b)(5)(i)through (iii) of this section; and
(v) A narrative assessment of any innovations in automated underwriting or other policy taken during the applicable year and any future planned work intended to address identified disparities.
(c) Report submission. Each Enterprise shall submit its report to FHFA for review on or before February 15 annually.
(d) FHFA review. FHFA shall review each report and, prior to publication, may:
(1) Require removal of any confidential or proprietary information;
(2) Require removal of any content that is not consistent with this part, the Safety and Soundness Act, the authorizing statutes, or other applicable law; and
(3) Provide any feedback for consideration.
(e) Report publication. Each Enterprise shall publish its report on its website on April 15 annually and maintain it thereafter. Each Enterprise shall ensure that reports are accessible to persons with disabilities.
(f) Additional requirements and guidance. FHFA may require additional information to be included in reports through other FHFA authorities, such as an order under 12 U.S.C. 4514. From time to time, FHFA may issue public guidance on reports.
§ 1293.24   Public engagement.
(a) FHFA public engagement. On or before June 15 annually, FHFA will conduct public engagement to allow the public to provide input for the Enterprises to consider in developing and implementing their plans and for FHFA to consider in its oversight.
(b) Enterprise consultation. The Enterprises shall consult with stakeholders, including members of underserved communities and housing market participants, in the development and implementation of their plans and updates.
§ 1293.25   Program requirements.
(a) Requirements for underserved communities. An Enterprise shall ensure that a plan relies on adequate information in identifying the underserved community or communities addressed by that plan and shall document that information as part of the plan. In selecting one or more underserved communities to be the focus of a plan, an Enterprise shall consider, among other factors:
(1) Input from public engagement;
(2) Whether the underserved community has previously been the focus of a plan;
(3) The extent of the needs identified for the underserved community, including such needs that may remain despite prior efforts under a plan; and
(4) Whether the underserved community is covered by a different initiative or program of the Enterprise.
(b) Requirements for objectives. Objectives identified in a plan shall be logically tied to one or more identified barriers and facilitate establishing meaningful actions and measurable goals.
(c) Requirements for meaningful actions —(1) Relation to objectives and goals. Meaningful actions shall be logically tied to one or more measurable goals and one or more objectives and support sustainable housing opportunities for an identified underserved community.
(2) Other Enterprise goals and incremental action. Meaningful actions may also serve other Enterprise objectives and goals; however, a plan shall reflect significant additional action above and beyond actions that are also serving other Enterprise objectives and goals and shall reflect more than de minimis action.
(3) Significant dedication of resources. Meaningful actions shall reflect a commitment commensurate with an Enterprise's prominence in the housing market, its available resources, its dedication of resources to other important efforts, the needs of underserved communities, market conditions, and safety and soundness.
(4) Compliance with law. Actions that are not compliant with the Safety and Soundness Act, the authorizing statutes, or other applicable law do not qualify as meaningful actions.
(5) Required remedial actions. Actions that are required to remediate supervisory findings or required as a result of enforcement actions do not qualify as meaningful actions.
(d) Requirements for measurable goals. Measurable goals shall be:
(1) Logically tied to one or more meaningful actions identified in a plan;
(2) Specific;
(3) Time-bound;
(4) Focused on outcomes; and
(5) Facilitative of measuring Enterprise progress, comparing Enterprise performance, and ensuring public accountability.
§ 1293.26   Enterprise board equitable housing and mission responsibilities.
An Enterprise's board of directors shall appropriately consider the objectives, actions, and goals of the Enterprise's Equitable Housing Finance Plan, while also appropriately considering its affordable housing goals, Duty to Serve plans and targets, and other mission-related obligations, in the board's oversight of the Enterprise and the Enterprise's business activities.
§ 1293.27   Program evaluation.
FHFA shall publish on its website a narrative assessment evaluating each Enterprise's performance under their respective Equitable Housing Finance Plans by May 15 of each year.
§§ 1293.28-1293.30   [Reserved]
§ 1293.41   Required Enterprise data collection and reporting.
Each Enterprise shall collect, maintain, and provide to FHFA the following data relating to single-family mortgages:
(a) The language preference of applicants and borrowers; and
(b) Whether applicants and borrowers have completed homeownership education or housing counseling and information about the homeownership education or housing counseling.