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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations
based enterprises in domestic and export markets.32
The OMB has determined that this final rule is not a major rule for purposes of the CRA. As required by the Congressional Review Act, the FDIC
will submit the final rule and other appropriate reports to Congress and the Government Accountability Office for review.
List of Subjects 12 CFR Part 338
Aged, Banks, banking, Civil rights, Credit, Fair housing, Individuals with disabilities, Marital status discrimination, Mortgages, Religious discrimination, Reporting and recordkeeping requirements, Savings associations, Sex discrimination, Signs and symbols.
12 CFR Part 390
Administrative practice and procedure, Advertising, Aged, Civil rights, Conflict of interests, Credit, Crime, Equal employment opportunity, Fair housing, Government employees, Individuals with disabilities, Reporting and recordkeeping requirements, Savings associations.
Authority and Issuance For the reasons stated in the preamble, the FDIC amends 12 CFR
parts 338 and 390 as follows:
1. Revise part 338 to read as follows:
PART 338FAIR HOUSING
Subpart AAdvertising Sec.
338.1 Purpose.
338.2 Definitions applicable to this subpart.
338.3 Nondiscriminatory advertising.
338.4 Fair housing poster.
Subpart BRecordkeeping 338.5 Purpose.
338.6 Definitions applicable to this subpart.
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, 1820b, 2801 et seq.; 15 U.S.C. 1691 et seq.;
42 U.S.C. 3605, 3608; 12 CFR parts 1002, 1003; 24 CFR part 110.

Subpart AAdvertising
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338.1

Purpose.

The purpose of this subpart is to prohibit FDIC-supervised institutions from engaging in discriminatory advertising with regard to residential real estate-related transactions. This subpart also requires FDIC-supervised 32 5

U.S.C. 8042.

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institutions to publicly display either the Equal Housing Lender poster set forth in 338.4b or the Equal Housing Opportunity poster prescribed by 24
CFR part 110 of the United States Department of Housing and Urban Developments regulations. This subpart enforces section 805 of title VIII of the Civil Rights Act of 1968, 42 U.S.C.
36013619 Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988.
338.2 Definitions applicable to this subpart.

For purposes of this subpart:
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 FDIC-supervised institution means either a bank or a State savings association.
d Handicap means, with respect to a person:
1 A physical or mental impairment which substantially limits one or more of such persons 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.
e Familial status means one or more individuals who have not attained the age of 18 years being domiciled with:
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; and 3 The protections 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.
f State savings association has the same meaning as in section 3b3 of the Federal Deposit Insurance Act, 12
U.S.C. 1813b3.
338.3

Nondiscriminatory advertising.

a Any FDIC-supervised institution which directly or through third parties engages in any form of advertising of
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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 FDIC-supervised institutions 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 paragraph a 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 338.4b or a copy of the logotype with the Equal Housing Opportunity legend contained in the Equal Housing Opportunity poster prescribed in 24 CFR 110.25a of the United States Department of Housing and Urban Developments regulations.
2 With respect to oral advertisements, this paragraph a may be satisfied by a statement, in the spoken text of the advertisement, that the FDIC-supervised institution 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 paragraphs a1 and 2 of this section 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.
338.4

Fair housing poster.

a Each FDIC-supervised institution 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 24 CFR 110.25a of the United States Department of Housing and Urban Developments regulations, in a central location within the FDIC-supervised institution 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:

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