OCC BULLETIN 2017-38
Subject: Community Reinvestment Act Regulations
Date: September 22, 2017
To: Chief Executive Officers of All National Banks and Federal Savings Associations, Federal Branches and Agencies, Department and Division Heads, All Examining Personnel, and Other Interested Parties
Description: Notice of Proposed Rulemaking
Changes Based on Regulation C
The proposed rule would
The proposed rule would
On October 15, 2015, the Consumer Financial Protection Bureau issued a final rule substantially revising Regulation C to implement amendments to HMDA required by section 1094 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2015 HMDA Rule). The 2015 HMDA Rule, which in relevant part has a January 1, 2018, effective date, revises the scope of transactions reportable under Regulation C.
Effective January 1, 2018, Regulation C will require financial institutions to report applications for, and originations and purchases of, “covered loans” that are secured by a dwelling. A “covered loan” will be defined under Regulation C to mean a closed-end mortgage loan or an open-end line of credit that is not an excluded transaction under 12 CFR 1003.3(c) of Regulation C. The proposed rule would amend the definitions of “home mortgage loan” and “consumer loan” in CRA regulations to conform to the new revisions in Regulation C. As a result of these changes, home equity loans secured by a dwelling would now be required to be evaluated under CRA and some non-dwelling secured home improvement loans generally would not be evaluated under CRA.
Effective January 1, 2018, a financial institution will no longer be required to provide its HMDA disclosure statement directly to the public; instead, new section 12 CFR 1003.5(b) of Regulation C allows the financial institution to simply provide a notice that clearly conveys that the public can obtain a copy of the financial institution’s disclosure statement from the Consumer Financial Protection Bureau’s website. The proposed rule would amend the public file requirements in the CRA regulations to provide that institutions that are required to report HMDA data would only need to maintain the notice required under Regulation C in their CRA public file, rather than a copy of the HMDA disclosure statement as was previously required.
Please contact Emily Boyes, Attorney, Community and Consumer Law, at (202) 649-6350; Allison Hester-Haddad, Counsel, Legislative and Regulatory Activities Division, at (202) 649-5490; or Vonda J. Eanes, Director for CRA and Fair Lending Policy, Compliance Risk Policy Division, at (202) 649-5470.
Amy S. Friend