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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations We Do Business in Accordance with Federal Fair Lending Laws.
UNDER THE FEDERAL FAIR
HOUSING ACT, IT IS ILLEGAL, ON
THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, HANDICAP, OR FAMILIAL STATUS
HAVING CHILDREN UNDER THE AGE
OF 18 TO:
Deny a loan for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to deny any loan secured by a dwelling;
or Discriminate in fixing the amount, interest rate, duration, application procedures, or other terms or conditions of such a loan or in appraising property.
IF YOU BELIEVE YOU HAVE BEEN
DISCRIMINATED AGAINST, YOU
SHOULD SEND A COMPLAINT TO:
Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410.
For processing under the Federal Fair Housing Act AND TO:
Federal Deposit Insurance Corporation, Consumer Response Center, Insert address for the Consumer Response Center stated on the FDICs website at www.fdic.gov For processing under the FDIC
Regulations.
UNDER THE EQUAL CREDIT
OPPORTUNITY ACT, IT IS ILLEGAL
TO DISCRIMINATE IN ANY CREDIT
TRANSACTION:
On the basis of race, color, national origin, religion, sex, marital status, or age;
Because income is from public assistance; or Because a right has been exercised under the Consumer Credit Protection Act.
IF YOU BELIEVE YOU HAVE BEEN
DISCRIMINATED AGAINST, YOU
SHOULD SEND A COMPLAINT TO:
Federal Deposit Insurance Corporation, Consumer Response Center, Insert address for the Consumer Response Center stated on the FDICs website at www.fdic.gov c The Equal Housing Lender Poster specified in this section was adopted under 24 CFR 110.25b of the United States Department of Housing and Urban Developments rules and regulations as an authorized substitution for the poster required in 110.25a of those rules and regulations.
Subpart BRecordkeeping 338.5

Purpose.

The purpose of this subpart is twofold. First, this subpart notifies all FDIC-

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supervised institutions of their duty to collect and retain certain information about a home loan applicants personal characteristics in accordance with 12
CFR part 1002 Regulation B of the Bureau of Consumer Financial Protection in order to monitor an institutions compliance with the Equal Credit Opportunity Act of 1974 15
U.S.C. 1691 et seq.. Second, this subpart notifies certain FDIC-supervised institutions of their duty to maintain, update, and report a register of home loan applications in accordance with 12
CFR part 1003 Regulation C of the Bureau of Consumer Financial Protection, which implements the Home Mortgage Disclosure Act 12
U.S.C. 2801 et seq..
338.6 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, 12 U.S.C. 1813.
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.
c FDIC-supervised institution means either a bank or a State savings association.
d State savings association has the same meaning as in section 3b3 of the Federal Deposit Insurance Act, 12
U.S.C. 1813b3.
338.7

Recordkeeping requirements.

All FDIC-supervised institutions 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 Bureau of Consumer Financial Protection 12 CFR part 1002.

338.9
entity.

Mortgage lending of a controlled
Any bank which refers any applicants to a controlled entity and which purchases any covered loan as defined in Regulation C of the Bureau of Consumer Financial Protection 12 CFR
part 1003 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 Bureau of Consumer Financial Protection 12 CFR part 1003, 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.
PART 390REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
2. The authority citation for part 390
is revised to read as follows:

Authority: 12 U.S.C. 1819.
Subpart Q also issued under 12 U.S.C.
1462; 1462a; 1463; 1464.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.

Subpart GRemoved and Reserved 3. Remove and reserve subpart G, consisting of 390.140 through 390.150.

Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on December 15, 2020.
James P. Sheesley, Assistant Executive Secretary.
FR Doc. 202028452 Filed 2221; 8:45 am BILLING CODE 671401P

FEDERAL DEPOSIT INSURANCE
CORPORATION

338.8 Compilation of loan data in register format.

12 CFR Parts 303 and 390

FDIC-supervised institutions and other lenders required to file a Home Mortgage Disclosure Act loan/
application register LAR with the Federal Deposit Insurance Corporation shall collect, record and report such LAR in accordance with Regulation C of the Bureau of Consumer Financial Protection 12 CFR part 1003.

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Removal of Transferred OTS
Regulations Regarding Application Processing Procedures of State Savings Associations and Conforming Amendments to Other Regulations Federal Deposit Insurance Corporation FDIC.

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