Title 12, Banks and BankingRelease 119-110

§4563 Multifamily Special Affordable Housing Goal

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

Last updated Sep 23, 2026|Official source

Summary

The Director must set one yearly target, by units or by dollars, for each enterprise to buy mortgages on multifamily housing that serve low-income families. The Director must also set extra requirements for mortgages that help very low-income families. Each enterprise must report purchases of smaller projects, which may be defined as 5 to 50 units or mortgages up to $5,000,000 (the Director can change those limits). When making the target, the Director will ignore market parts that would be unsafe or not allowed and will consider national demand, the enterprise’s past work and ability to add liquidity and stability, market size (including small projects), public subsidies, and the need to keep the enterprise financially sound. The Director must give full credit toward the target for qualifying units financed with state or local housing finance agency bonds if those bonds are guaranteed by or bought by an enterprise, though less credit may be allowed for buying investment‑grade bonds that do not add a new market or liquidity. The Director will watch performance each year and judge compliance based on whether rents are affordable. Rents count as affordable if they do not exceed 30 percent of the maximum income 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)Establishment of goal
(1)In general
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)Additional requirements for units affordable to very low-income families
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)Reporting on smaller properties
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 requirements related to such units.
(4)Factors
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)Units financed by housing finance agency bonds
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)Measurement of performance
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)Determination of compliance
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 12, Banks and Banking

Last Updated

Sep 23, 2026

Release point: 119-110