# 2026-00591: NCUA Axes Confusing Old Nondiscrimination Lending Rule

2026-00591, Nondiscrimination Requirements, is a Federal Register proposed rule from National Credit Union Administration published 2026-01-14, effective Comments must be received on or before March 16, 2026. (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-00591
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-00591
- Title: Nondiscrimination Requirements
- Type: Proposed Rule
- Agencies: National Credit Union Administration
- Citation: 91 FR 1467
- Published: 2026-01-14
- Effective: Comments must be received on or before March 16, 2026.
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 3133-AF85
- Last updated: 2026-06-11

## In one line

NCUA Axes Confusing Old Nondiscrimination Lending 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National Credit Union Administration (NCUA) wants to remove an old rule about nondiscrimination in lending because it’s outdated and confusing.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!

## Abstract

The NCUA Board (Board) is publishing this proposed rule to remove a redundant and outdated regulation regarding nondiscrimination in lending. While the regulation was intended to summarize the Fair Housing Act (FHA) prohibitions on discrimination related to real estate related loans, appraisals, and advertising, the Board's last substantive amendment to the regulation was finalized in 2001. Thus, the regulation may not reflect all case law or regulatory developments under the FHA, a statute that primarily falls under the jurisdiction of the Department of Housing and Urban Development (HUD) and continues to apply to federal credit unions (FCUs) regardless of the NCUA's regulations. Thus, the Board believes the current regulation may cause confusion and unnecessary burden because it has not kept up with changes in FHA interpretation and implementation. For these reasons, the Board is proposing to remove this regulation in its entirety.

## Effects PRIA read

- NCUA to Remove Lending Nondiscrimination Rule: benefit, low. 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,…
- No Significant Impact on Small Credit Unions: benefit, low. 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: benefit, low. 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 (Regulatio…
- NCUA Poster Requirement Will Be Removed: benefit, low. 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 a…

## Related documents

- [2026-11559](https://policyrisk.com/federal-register/2026-11559): Preemption-Federal Credit Union Non-Interest Charges and Fees, 2026-06-09
- [2026-20729](https://policyrisk.com/federal-register/2026-20729): Proposed Agency Information Collection Activities; Comment Request, 2026-10-09
- [2026-19275](https://policyrisk.com/federal-register/2026-19275): Renewal of Agency Information Collection of a Previously Approved Collection; Request for Comments, 2026-09-21
- [2026-18859](https://policyrisk.com/federal-register/2026-18859): Proposed Third-Party Risk Management Guidance, 2026-09-15
- [2026-17307](https://policyrisk.com/federal-register/2026-17307): Interagency Rescission of the Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulatio…, 2026-08-25
- [2026-16031](https://policyrisk.com/federal-register/2026-16031): Chartering and Field of Membership for Federal Credit Unions-Interpretive Ruling and Policy Statement 08-2, 2026-08-06

## Sources
- [2026-00591 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/14/2026-00591/nondiscrimination-requirements)
- [2026-00591 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-14/pdf/2026-00591.pdf)

## Related
- [Previous: 2026-00590, HUD's Implementation of the Fair Housing Act's Disparate Impact Standard](https://policyrisk.com/federal-register/2026-00590)
- [Next: 2026-00592, Chartering and Field of Membership for Federal Credit Unions-Interpretive Rulin…](https://policyrisk.com/federal-register/2026-00592)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-00591 (as of 2026-06-11).
