NCUA Axes Confusing Old Nondiscrimination Lending Rule
Published Date: 1/14/2026
Proposed Rule
Summary
The National Credit Union Administration (NCUA) wants to remove an old rule about nondiscrimination in lending because it’s outdated and confusing. This change affects federal credit unions and won’t cost money but will clear up any mix-ups since the Fair Housing Act still applies. You’ve got until March 16, 2026, to share your thoughts on this proposed update!
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
NCUA to Remove Lending Nondiscrimination Rule
The NCUA Board is proposing to remove 12 CFR 701.31, the agency's nondiscrimination-in-lending regulation, because it has not been substantively updated since 2001. The Board says federal credit unions (FCUs) would continue to be subject to the Fair Housing Act and the Equal Credit Opportunity Act, and removing Sec. 701.31 would eliminate a redundant NCUA rule and reduce confusion and compliance burden for FCUs.
No Significant Impact on Small Credit Unions
The NCUA certifies the proposed repeal of Sec. 701.31 would not have a significant economic impact on a substantial number of small credit unions. For the agency's analysis, it treats small credit unions as those with under $100 million in assets.
Consumer Protections Remain Under FHA and ECOA
The NCUA proposes to remove its duplicative regulation but says this action would not weaken anti-discrimination protections because the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) continue to apply to federal credit unions. The Board also notes ECOA implementation (Regulation B) and HUD enforcement of the FHA remain in effect.
NCUA Poster Requirement Will Be Removed
The Board proposes removing Sec. 701.31(d), which references an NCUA notice/poster for equal housing lending, because HUD's fair housing poster requirement (see 24 CFR 110.25) already exists and is sufficient. The NCUA notes its current notice does not include the agency's online complaint option and invites comment on whether to retain the poster reference.
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Key Dates
Department and Agencies
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