Federal · Title 12 — Banks and Banking
12 U.S.C. § 4565: Duty to serve underserved markets and other requirements
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The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on manufactured homes for very low-, low-, and moderate-income families. the project-based and tenant-based rental assistance programs under section 1437f of title 42 ; the program under section 1715z–1 of this title ; the below-market interest rate mortgage program under section 1715 l (d)(4) of this title; the supportive housing for the elderly program under section 1701q of this title ; the supportive housing program for persons with disabilities under section 8013 of title 42 ; the programs under title IV of the McKinney-Vento Homeless Assistance Act [ 42 U.S.C. 11360 et seq.], but only permanent supportive housing projects subsidized under such programs; the rural rental housing program under section 1485 of title 42 ; the low-income housing tax credit under section 42 of title 26 ; and comparable state 3 and local affordable housing programs. 3 So in original. Probably should be capitalized. The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on housing for very low-, and low-, and moderate-income families in rural areas. design programs and products that facilitate the use of assistance provided by the Federal Government and State and local governments; develop relationships with nonprofit and for-profit organizations that develop and finance housing and with State and local governments, including housing finance agencies; assist primary lenders to make housing credit available in areas with concentrations of low-income and minority families, and assist insured depository institutions to meet their obligations under the Community Reinvestment Act of 1977 [ 12 U.S.C. 2901 et seq.], develop the institutional capacity to help finance low- and moderate-income housing, including housing for first-time homebuyers. The Director may submit recommendations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate for the establishment of additional categories under subsection (a), provided that the Director makes a preliminary determination that any such category is important to the mission of the enterprises, that the category is an underserved market, and that the establishment of such category is warranted. The Director shall, by regulation, establish effective for 2010 and thereafter a manner for evaluating whether, and the extent to which, the enterprises have complied with the duty under subsection (a) to serve underserved markets and for rating the extent of such compliance. Using such method, the Director shall, for 2010 and each year thereafter, evaluate such compliance and rate the performance of each enterprise as to extent of compliance. The Director shall include such evaluation and rating for each enterprise for a year in the report for that year submitted pursuant to section 4521(a) of this title . the development of loan products, more flexible underwriting guidelines, and other innovative approaches to providing financing to each of such underserved markets; the extent of outreach to qualified loan sellers and other market participants in each of such underserved markets; the volume of loans purchased in each of such underserved markets relative to the market opportunities available to the enterprise, except that the Director shall not establish specific quantitative targets nor evaluate the enterprises based solely on the volume of loans purchased; and the amount of investments and grants in projects which assist in meeting the needs of such underserved markets. In determining whether an enterprise has complied with the duty under subparagraph (A) of subsection (a)(1), the Director may consider loans secured by both real and personal property. In determining whether an enterprise has complied with the duty referred to in paragraph (1), the Director may not consider any affordable housing fund grant amounts used under section 4567 of this title for eligible activities under subsection (g) of such section.
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