Interagency Q&A .12(h) – 3: May an intermediate small institution that is not subject to HMDA reporting have home mortgage loans considered as community development loans?

Compliance > Regulation BB - CRA
Q:  § __.12(h) – 3: May an intermediate small institution that is not subject to HMDA reporting have home mortgage loans considered as community development loans?  Similarly, may an intermediate small institution have small business and small farm loans and consumer loans considered as community development loans?
 
A:  Yes.  In instances where intermediate small institutions are not required to report HMDA or small business or small farm loans, these loans may be considered, at the institution’s option, as community development loans, provided they meet the regulatory definition of “community development.”  If small business or small farm loan data have been reported to the Agencies to preserve the option to be evaluated as a large institution, but the institution ultimately chooses to be evaluated under the intermediate small institution examination standards, then the institution would continue to have the option to have such loans considered as community development loans.  However, if the institution opts to be evaluated under the lending, investment, and service tests applicable to large institutions, it may not choose to have home mortgage, small business, small farm, or consumer loans considered as community development loans.
 
Loans other than multifamily dwelling loans may not be considered under both the lending test and the community development test for intermediate small institutions.  Thus, if an institution elects to have certain loans considered under the community development test, those loans may not also be considered under the lending test, and would be excluded from the lending test analysis.
 
Intermediate small institutions may choose individual loans within their portfolio for community development consideration.  Examiners will evaluate an intermediate small institution’s community development activities within the context of the responsiveness of the activity to the community development needs of the institution’s assessment area(s).
 
 
 
This Interagency Q&A, and others, was released in July 2016.  The 2016 Q&As consolidates and supersedes all previously published “Interagency Questions and Answers Regarding Community Reinvestment,” and were noted as being effective immediately.  They may be found here:  http://www.ffiec.gov/cra/qnadoc.htm
 

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