Interagency Q&A .22(b)(4) – 1: When evaluating community development (CD) lending under the large institution lending test, may an examiner distinguish the actual amount of the loan that advances the CD purpose?

Compliance > Regulation BB - CRA
Q:  § __.22(b)(4) – 1: When evaluating an institution’s record of community development lending under the lending test applicable to large institutions, may an examiner distinguish among community development loans on the basis of the actual amount of the loan that advances the community development purpose?
 
A:  Yes.  When evaluating the institution’s record of community development lending under 12 CFR __.22(b)(4), it is appropriate to give greater weight to the amount of the loan that is targeted to the intended community development purpose.  For example, consider two $10 million projects (with a total of 100 units each) that have as their express primary purpose affordable housing and are located in the same community.  One of these projects sets aside 40 percent of its units for low-income residents and the other project allocates 65 percent of its units for low-income residents.  An institution would report both loans as $10 million community development loans under the 12 CFR __.42(b)(2) aggregate reporting obligation.  However, transaction complexity, innovation and all other relevant considerations being equal, an examiner should also take into account that the 65 percent project provides more affordable housing for more people per dollar expended.
 
Under 12 CFR __.22(b)(4), the extent of CRA consideration an institution receives for its community development loans should bear a direct relation to the benefits received by the community and the innovation or complexity of the loans required to accomplish the activity, not simply to the dollar amount expended on a particular transaction.  By applying all lending test performance criteria, a community development loan of a lower dollar amount could meet the credit needs of the institution’s community to a greater extent than a community development loan with a higher dollar amount, but with less innovation, complexity, or impact on the community.
 
 
 
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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