§4564 — Title 12 Banks and Banking | U.S. Code

Summary

An enterprise may write to the Director at any time during the year to ask to lower a yearly goal or subgoal. The Director may grant the request only if bad market or financial conditions make it necessary, or if meeting the goal would harm liquidity, cause over‑investment, or otherwise conflict with this subpart or with section 1716(3) or section 301(b)(3) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 note). When the Director gets such a request, the Director must ask the public for comments for 30 days and then decide within 30 days after that comment period. The Director may extend the decision one time for up to 15 more days, but only if the Director asks the enterprise for additional information.

Title 12, §4564

Banks and Banking — Source: USLM XML via OLRC

(a)An enterprise may petition the Director in writing at any time during a year to reduce the level of any goal or subgoal for such year established pursuant to this subpart.

(b)The Director may reduce the level for a goal or subgoal pursuant to such a petition only if—

(1)market and economic conditions or the financial condition of the enterprise require such action; or

(2)efforts to meet the goal or subgoal would result in the constraint of liquidity, over-investment in certain market segments, or other consequences contrary to the intent of this subpart, or section 1716(3) of this title or section 301(b)(3) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 note), as applicable.

(c)The Director shall, promptly upon receipt of a petition regarding a reduction, seek public comment on the reduction for a period of 30 days. The Director shall make a determination regarding any proposed reduction within 30 days after the expiration of such public comment period. The Director may extend such determination period for a single additional 15-day period, but only if the Director requests additional information from the enterprise.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 301(b)(3) of the Federal Home Loan Mortgage Corporation Act, referred to in subsec. (b)(2), is section 301(b)(3) of Pub. L. 91–351, which is set out as a

Short Title

and Statement of Purpose note under section 1451 of this title.

Prior Provisions

A prior section 4564, Pub. L. 102–550, title XIII, § 1334, Oct. 28, 1992, 106 Stat. 3960, related to central cities, rural areas, and other underserved areas housing goal, prior to repeal by Pub. L. 110–289, div. A, title I, § 1128(a), July 30, 2008, 122 Stat. 2696.

§4564 Discretionary Adjustment of Housing Goals