Title 12Banks and BankingRelease 119-73

§4563 Multifamily special affordable housing goal

Title 12 › Chapter CHAPTER 46— - GOVERNMENT SPONSORED ENTERPRISES › Subchapter SUBCHAPTER I— - SUPERVISION AND REGULATION OF ENTERPRISES › Part Part B— - Additional Authorities of the Director › Subpart subpart 2— - housing goals › § 4563

Last updated Apr 6, 2026|Official source

Summary

The Director must set one yearly goal for each enterprise for buying mortgages on apartment buildings that fund units affordable to low-income families. The goal can be by number of units or by dollar amount. The Director must also set extra rules for mortgages that fund units for very low-income families. The Director must require reports on purchases of smaller projects, roughly 5 to 50 units (or mortgages up to $5,000,000), and may add related rules. When setting the goal, the Director must leave out market areas that would hurt an enterprise’s financial health or that the enterprise is not allowed to buy. The Director must consider national need and the enterprise’s ability to add liquidity and stability, past performance, market size (including small projects), the enterprise’s ability to lead the market, availability of government subsidies, and the need to stay financially sound. Units financed by state or local housing agency bonds count fully toward the goal if the bonds are backed by an enterprise guarantee or bought by the enterprise, though the Director may give less credit for buying investment-grade bonds that do not create new markets or add liquidity. The Director must monitor each enterprise each year and decide if it met the goal and the extra rules for very low-income housing. Rents are counted as affordable if they do not exceed 30 percent of the top income level for the income group, with adjustments for number of bedrooms.

Full Legal Text

Title 12, §4563

Banks and Banking — Source: USLM XML via OLRC

(a)(1)The Director shall, by regulation, establish a single annual goal, by either unit or dollar volume, of purchases by each enterprise of mortgages on multifamily housing that finance dwelling units affordable to low-income families.
(2)When establishing the goal under this section, the Director shall establish additional requirements for the purchase by each enterprise of mortgages on multifamily housing that finance dwelling units affordable to very low-income families.
(3)The Director shall require each enterprise to report on the purchase by each enterprise of multifamily housing of a smaller or limited size that is affordable to low-income families, which may be based on multifamily projects of 5 to 50 units (as such numbers may be adjusted by the Director) or on mortgages of up to $5,000,000 (as such amount may be adjusted by the Director), and may, by regulation, establish such aditional 11 So in original. requirements related to such units.
(4)In establishing the goal and additional requirements under this section, the Director shall not consider segments of the market determined to be inconsistent with safety and soundness or unauthorized for purchase by the enterprises, and shall take into consideration—
(A)national multifamily mortgage credit needs and the ability of the enterprise to provide additional liquidity and stability for the multifamily mortgage market;
(B)the performance and effort of the enterprise in making mortgage credit available for multifamily housing in previous years;
(C)the size of the multifamily mortgage market for housing affordable to low-income and very low-income families, including the size of the multifamily markets for housing of a smaller or limited size;
(D)the ability of the enterprise to lead the market in making multifamily mortgage credit available, especially for multifamily housing described in paragraphs (1) and (2);
(E)the availability of public subsidies; and
(F)the need to maintain the sound financial condition of the enterprise.
(b)The Director shall give full credit toward the achievement of the multifamily special affordable housing goal under this section (for purposes of section 4566 of this title) to dwelling units in multifamily housing that otherwise qualifies under such goal and that is financed by tax-exempt or taxable bonds issued by a State or local housing finance agency, if such bonds, in whole or in part—
(1)are secured by a guarantee of the enterprise; or
(2)are purchased by the enterprise, except that the Director may give less than full credit for purchases of investment grade bonds, to the extent that such purchases do not provide a new market or add liquidity to an existing market.
(c)The Director shall monitor the performance of each enterprise in meeting the goals established under this section and shall evaluate such performance (for purposes of section 4566 of this title) based on whether the rent levels are affordable. A rent level shall be considered to be affordable for purposes of this subsection for low-income families if it does not exceed 30 percent of the maximum income level of such income category, with appropriate adjustments for unit size as measured by the number of bedrooms.
(d)The Director shall determine, for each year that the housing goal under this section is in effect pursuant to section 4561(a) of this title, whether each enterprise has complied with such goal and the additional requirements under subsection (a)(2).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4563, Pub. L. 102–550, title XIII, § 1333, Oct. 28, 1992, 106 Stat. 3958, related to special affordable housing goal, prior to repeal by Pub. L. 110–289, div. A, title I, § 1128(a), July 30, 2008, 122 Stat. 2696.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4563

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73