|
[Main Tabs]
[Table of Contents - 2000]
[Index]
[Previous Page]
[Next Page]
[Search]
2000 - Rules and Regulations
{{ 8-29-97 p.2647}}
PART 338FAIR HOUSING
Sec.
Subpart AAdvertising
338.1
Purpose.
338.2
Definitions applicable to subpart A of this part.
338.3
Nondiscriminatory advertising.
338.4
Fair housing poster.
Subpart BRecordkeeping
338.5
Purpose.
338.6
Definitions applicable to this subpart B.
338.7
Recordkeeping requirements.
338.8
Compilation of loan data in register format.
338.9
Mortgage lending of a controlled entity.
AUTHORITY: 12 U.S.C. 1817, 1818, 1819, 1820(b), 2801
et seq.; 15 U.S.C. 1691 et seq.; 42 U.S.C. 3605,
3608; 12 CFR parts 202, 203; 24 CFR Part 110.
Subpart AAdvertising
§ 338.1 Purpose.
The purpose of this subpart A is to prohibit insured state nonmember
banks from engaging in discriminatory advertising with regard to
residential real estate-related transactions. This subpart A also
requires insured state nonmember banks to publicly display either the
Equal Housing Lender poster set forth in § 338.4(b) of the FDIC's
regulations or the Equal Housing Opportunity poster prescribed by part
110 of the regulations of the United States Department of Housing and
Urban Development (24 CFR part
110). This subpart A enforces section 805 of title VIII of the
Civil Rights Act of 1968, 42 U.S.C.
3601-3619 (Fair Housing Act), as amended by the Fair Housing
Amendments Act of 1988.
[Codified to 12 C.F.R. § 338.1]
[Section 338.1 amended at 49 Fed. Reg. 35762, September
12, 1984, effective October 12, 1984; 53 Fed. Reg. 30837, August 16,
1988, effective September 15, 1988; 54 Fed. Reg. 52930, December 26,
1989; 56 Fed. Reg. 50038, October 3, 1991, effective November 4, 1991;
62 Fed. Reg. 36204, July 7, 1997, effective August 6,
1997]
§ 338.2 Definitions applicable to subpart A of this
part.
For purposes of subpart A of this part:
(a) Bank means an insured state nonmember bank as
defined in section 3 of the
Federal Deposit Insurance Act.
(b) Dwelling means any building, structure, or portion
thereof which is occupied as, or designed or intended for occupancy as,
a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location thereon of
any such building, structure, or portion thereof.
(c) Handicap means, with respect to a person:
(1) A physical or mental impairment which substantially limits
one or more of such person's major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term
does not include current, illegal use of or addiction to a controlled
substance (as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)).
(d) Familial status means one or more individuals (who
have not attained the age of 18 years) being domiciled with:
{{8-29-97 p.2648}}
(1) A parent or another person having legal custody of such
individual or individuals; or
(2) The designee of such parent or other person having such
custody, with the written permission of such parent or other person.
The protection afforded against discrimination on the basis of
familial status shall apply to any person who is pregnant or is in the
process of securing legal custody of any individual who has not
attained the age of 18 years.
[Codified to 12 C.F.R. § 338.2]
[Section 338.2 added at 56 Fed. Reg. 50039, October 3,
1991, effective November 4, 1991]
§ 338.3 Nondiscriminatory advertising.
(a) Any bank which directly or through third parties engages in any
form of advertising of any loan for the purpose of purchasing,
constructing, improving, repairing, or maintaining a dwelling or any
loan secured by a dwelling shall prominently indicate in such
advertisement, in a manner appropriate to the advertising medium and
format utilized, that the bank makes such loans without regard to race,
color, religion, national origin, sex, handicap, or familial status.
(1) With respect to written and visual advertisements, this
requirement may be satisfied by including in the advertisement a copy
of the logotype with the Equal Housing Lender legend contained in the
Equal Housing Lender poster prescribed in § 338.4(b) of the FDIC's
regulations or a copy of the logotype with the Equal Housing
Opportunity legend contained in the Equal Housing Opportunity poster
prescribed in § 110.25(a) of the United States Department of Housing
and Urban Development's regulations
(24 CFR 110.25(a)).
(2) With respect to oral advertisements, this requirement may be
satisfied by a statement, in the spoken text of the advertisement, that
the bank is an " Equal Housing Lender" or an "Equal
Opportunity Lender."
(3) When an oral advertisement is used in conjunction with a
written or visual advertisement, the use of either of the methods
specified in subparagraphs (1) and (2) will satisfy the requirements of
this paragraph (a).
(b) No advertisement shall contain any words, symbols, models or
other forms of communication which express, imply, or suggest a
discriminatory preference or policy of exclusion in violation of the
provisions of the Fair Housing Act or the Equal Credit Opportunity Act.
[Codified to 12 C.F.R. § 338.3]
[Section 338.2 amended at 54 Fed. Reg. 52930, December 26,
1989; amended and redesignated as § 338.3 at 56 Fed. Reg. 50039,
effective November 4, 1991; 62 Fed. Reg. 36204, July 7, 1997, effective
August 6, 1997]
§ 338.4 Fair housing poster.
(a) Each bank engaged in extending loans for the purpose of
purchasing, constructing, improving, repairing, or maintaining a
dwelling or any loan secured by a dwelling shall conspicuously display
either the Equal Housing Lender poster set forth in paragraph (b) of
this section or the Equal Housing Opportunity poster prescribed by
§ 110.25(a) of the United States Department of Housing and Urban
Development's regulations (24 CFR 110.25(a)), in a central location
within the bank where deposits are received or where such loans are
made in a manner clearly visible to the general public entering the
area, where the poster is displayed.
(b) The Equal Housing Lender Poster shall be at least 11 by 14
inches in size and have the following text:
{{8-29-08 p.2649}}
{{8-29-08 p.2650}}
(c) The Equal Housing Lender Poster specified in this section was
adopted under § 110.25(b)
of the United States Department of Housing and Urban Development' s
rules and regulations as an authorized substitution for the poster
required in § 110.25(a) of those rules and regulations.
[Codified to 12 C.F.R. § 338.4]
[Section 338.3 amended at 49 Fed. Reg. 35762, September 12, 1984,
effective October 12, 1984; 54 Fed. Reg. 52930, December 26, 1989;
redesignated as § 338.4 at 56 Fed. Reg. 50039, October 3, 1991,
effective November 4, 1991; amended at 59 Fed. Reg. 52667, October 19,
1994; 62 Fed. Reg. 36204, July 7, 1997, effective August 6, 1997; 73
Fed. Reg. 45856, August 7, 2008]
Subpart BRecordkeeping
§ 338.5 Purpose.
The purpose of this subpart B is two-fold. First, this subpart B
notifies all insured state nonmember banks of their duty to collect and
retain certain information about a home loan applicant's personal
characteristics in accordance with Regulation B of the Board of
Governors of the Federal Reserve System
(12 CFR part 202) in
order to monitor an institution's compliance with the Equal Credit
Opportunity Act of 1974 (15 U.S.C.
1691 et seq.). Second, this subpart B notifies
certain insured state nonmember banks of their duty to maintain, update
and report a register of home loan applications in accordance with
Regulation C of the Board
of Governors of the Federal Reserve System (12 CFR part 203), which
implements the Home Mortgage Disclosure Act (12 U.S.C. 2801 et
seq.).
[Codified to 12 C.F.R. § 338.5]
[Section 338.5 added at 56 Fed. Reg. 50039, October 3,
1991, effective November 4, 1991; amended at 62 Fed. Reg. 36204, July
7, 1997, effective August 6, 1997]
§ 338.6 Definitions applicable to this subpart B.
For purposes of this subpart B--
(a) Bank means an insured state nonmember bank as
defined in section 3 of the
Federal Deposit Insurance Act.
(b) Controlled entity means a corporation, partnership,
association, or other business entity with respect to which a bank
possesses, directly or indirectly, the power to direct or cause the
direction of management and policies, whether through the ownership of
voting securities, by contract, or otherwise.
[Codified to 12 C.F.R. § 338.6]
[Section 338.6 added at 56 Fed. Reg. 50040, October 3,
1991, effective November 4, 1991; amended at 62 Fed. Reg. 36204, July
7, 1997, effective August 6, 1997]
§ 338.7 Recordkeeping requirements.
All banks that receive an application for credit primarily for the
purchase or refinancing of a dwelling occupied or to be occupied by the
applicant as a principal residence where the extension of credit will
be secured by the dwelling shall request and retain the monitoring
information required by Regulation B of the Board of Governors of the
Federal Reserve System (12 CFR
part 202).
[Codified to 12 C.F.R. § 338.7]
[Section 338.7 amended at 46 Fed. Reg. 61642, December 18,
1981, effective December 14, 1981; 49 Fed. Reg. 35764, September 12,
1984, effective October 12, 1984; 50 Fed. Reg. 39990, October 1, 1985,
effective October 31, 1985; 53 Fed. Reg. 30838, August 16, 1988,
effective September 15, 1988; amended and redesignated as 338.7 at 56
Fed. Reg. 50039, October 3, 1991, effective November 4, 1991; 62 Fed.
Reg. 36204, July 7, 1997, effective August 6, 1997]
{{8-29-97 p.2651}}
§ 338.8 Compilation of loan data in register format.
(a) Banks and other lenders required to file a Home Mortgage
Disclosure Act loan application register (LAR) with the Federal Deposit
Insurance Corporation shall maintain, update and report such LAR in
accordance with Regulation C of the Board of Governors of the Federal
Reserve System (12 CFR part
203).
[Codified to 12 C.F.R. § 338.8]
[Section 338.8 added at 56 Fed. Reg. 50040, October 3, 1991,
effective November 4, 1991; amended at 62 Fed. Reg. 36204, July 7,
1997, effective August 6, 1997]
§ 338.9 Mortgage lending of a controlled entity.
Any bank which refers any applicants to a controlled entity and
which purchases any home purchase loans or home improvement loans as
defined in Regulation C of the Board of Governors of the Federal
Reserve Board (12 CFR part 203) originated by the controlled entity, as
a condition to transacting any business with the controlled entity,
shall require the controlled entity to enter into a written agreement
with the bank. The written agreement shall provide that the entity
shall:
(a) Comply with the requirements of §§ 338.3, 338.4 and 338.7,
and, if otherwise subject to Regulation C of the Board of Governors of
the Federal Reserve System (12
CFR Part 203), § 338.8;
(b) Open its books and records to examination by the Federal
Deposit Insurance Corporation; and
(c) Comply with all instructions and orders issued by the Federal
Deposit Insurance Corporation with respect to its home loan practices.
[Codified to 12 C.F.R. § 338.9]
[Section 338.9 amended at 49 Fed. Reg. 35764, September 12, 1984,
effective October 12, 1984; amended and redesignated as 338.9 at 56
Fed. Reg. 50039, October 3, 1991, effective November 4, 1991; amended
at 62 Fed. Reg. 36204, July 7, 1997, effective August 6, 1997]
[The page following this is 2663.]
[Main Tabs]
[Table of Contents - 2000]
[Index]
[Previous Page]
[Next Page]
[Search]
|