Interagency Q&A .42(b)(2) – 3: When a loan to finance affordable housing for LMI individuals, but, only 40 % of the units will be occupied by LMI individuals should the entire loan amount be reported as a community development loan?

Compliance > Regulation BB - CRA
Q:  § __.42(b)(2) – 3: When the primary purpose of a loan is to finance an affordable housing project for low- or moderate-income individuals, but, for example, only 40 percent of the units in question will actually be occupied by individuals or families with low or moderate incomes, should the entire loan amount be reported as a community development loan?
 
A:  It depends.  As long as the primary purpose of the loan is a community development purpose as described in Q&A § __.12(h) – 8, the full amount of the institution’s loan should be included in its reporting of aggregate amounts of community development lending.  Even though the entire amount of the loan is reported, as noted in Q&A § __.22(b)(4) – 1, examiners may make qualitative distinctions among community development loans on the basis of the extent to which the loan advances the community development purpose.
 
In addition, if an institution that reports CRA data elects to request consideration for loans that provide mixed-income housing where only a portion of the loan has community development as its primary purpose, such as in connection with a development that has a mixed-income housing component or an affordable housing set-aside required by Federal, state, or local government, the institution must report only the pro rata dollar amount of the portion of the loan that provides affordable housing to low- or moderate-income individuals.  The pro rata dollar amount of the total activity will be based on the percentage of units that are affordable.  See Q&A § __.12(h) – 8 for a discussion of “primary purpose” of community development describing the distinction between the types of loans that would be reported in full and those for which only the pro rata amount would be reported.
 
 
 
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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