NCUA implemented its fair lending examination program in 1999. With the exception of those federally insured credit unions with assets over $10 billion, which are under the authority of the Consumer Financial Protection Bureau (CFPB), NCUA enforces Equal Credit Opportunity Act (ECOA) and Regulation B in federal credit unions and the Home Mortgage Disclosure Act (HMDA) and Regulation C, and the Fair Housing Act (FHA), in all federally insured credit unions.
NCUA enforces fair lending laws through regular examinations and risk assessments of federally insured credit unions, especially those with assets less than $10 billion. Enforcement includes examiners looking for violations like disparate treatment, taking corrective action, referring cases to the Department of Justice, and requiring restitution when necessary.
The fair lending and compliance resources described below provide guidance to help credit unions comply with fair lending laws.
NCUA Fair Lending Guide
This guide should be used by a credit union’s board of directors and management, compliance officers, and others with responsibility for fair lending compliance.
Fair Lending Compliance Program
NCUA Regulatory Alerts
- Regulatory Alert 17-RA-03: Submission of 2016 Home Mortgage Disclosure Act Data (February 2017)
- Regulatory Alert 17-RA-02: Home Mortgage Disclosure Act Data Collection Requirements for Calendar Year 2017 (January 2017)
- Regulatory Alert 16-RA-03: Submission of 2015 Home Mortgage Disclosure Act Data (February 2016)
- Regulatory Alert 16-RA-01: Home Mortgage Disclosure Act (HMDA) Data Collection Requirements for Calendar Year 2016 (January 2016)
NCUA Webinars
2016 Federal Interagency Fair Lending Hot Topics (Oct. 4, 2016)
Equal Credit Opportunity Act (ECOA)
- CFPB Transaction Coverage Under the ECOA Valuations Rule Fact Sheet (Released April 29, 2020);
- CFPB Delivery of Appraisals (Released April 29, 2020);
Home Mortgage Disclosure Act (HMDA)
HMDA was enacted by Congress in 1975 and is implemented by Regulation C. HMDA provides the most comprehensive source of publicly available information on.S. Mortgage Market.
The purpose of Regulation C is to provide the public with data that can be used to:
- Help determine whether credit unions are serving the housing needs of their communities;
- Assist public officials in distributing public-sector investments so as to attract private investment to areas where it is needed; and
- Assist in identifying possible discriminatory lending patterns and enforcing compliance with anti-discrimination statutes.
Regulation C is not intended to encourage unsound lending practices or the allocation of credit.
HMDA requires certain institutions to collect, report, and disclose specified information about their mortgage lending activity. In the 2015 HMDA Rule, the CFPB established institutional and transactional coverage thresholds in Regulation C that determine whether financial institutions are required to collect, record, and report any HMDA data on closed-end mortgage loans or open-end lines of credit.
- Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold
- FFIEC Home Mortgage Disclosure Act (HMDA)
- HMDA Annual Filing Period Dates
- CFPB HMDA (Regulation C) Small Entity Compliance Guide version 5 (May 2020)
- File your HMDA Data
- HMDA Disclosure Statement Modified LAR Availability Notices
- Posted Notice of HMDA Availability
Fair Lending Exam Procedures
- Interagency Fair Lending Examination Procedures (August 2009)
- Appendix to Interagency Fair Lending Examination Procedures (August 2009)
Questions? Contact the Division of Consumer Compliance Policy and Outreach in NCUA's Office of Consumer Financial Protection at compliancemail@ncua.gov.