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12 U.S.C. § 4564 — Establishment of housing goals

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4564 — Establishment of housing goals

**(a) In general** The Director shall, by regulation, establish effective for 2010 and each year thereafter, annual housing goals, with respect to the mortgage purchases by the enterprises, as follows: (1) **Single-family housing goals** — Four single-family housing goals under [section 4562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4562&num=0&edition=prelim). (2) **Multifamily special affordable housing goal** — One multifamily special affordable housing goal under [section 4563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4563&num=0&edition=prelim). **(b) Timing** The Director shall, by regulation, establish an annual deadline by which the Director shall establish the annual housing goals under this subpart for each year, taking into consideration the need for the enterprises to reasonably and sufficiently plan their operations and activities in advance, including operations and activities necessary to meet such annual goals. **(c) Transition** The annual housing goals effective for 2008 pursuant to this subpart, as in effect before July 30, 2008, shall remain in effect for 2009, except that not later than the expiration of the 270-day period beginning on July 30, 2008, the Director shall review such goals applicable for 2009 to determine the feasibility of such goals given the market conditions current at such time and, after seeking public comment for a period not to exceed 30 days, may make appropriate adjustments consistent with such market conditions. **(d) Eliminating interest rate disparities** (1) **In general** — Upon request by the Director, an enterprise shall provide to the Director, in a form determined by the Director, data the Director may review to dete

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Stable record: federal_law:legal_authorities:record_usc_9628a377e40e9043aa6cdc7e
Source file: Laws/federal/codes/united-states-code/title-12/section-4564-establishment-of-housing-goals--0aaf5407df.md
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Source location: Title 12, Chapter 46, § 4564; chapter-046-government-sponsored-enterprises.md

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**(a) In general** The Director shall, by regulation, establish effective for 2010 and each year thereafter, annual housing goals, with respect to the mortgage purchases by the enterprises, as follows: (1) **Single-family housing goals** — Four single-family housing goals under [section 4562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4562&num=0&edition=prelim). (2) **Multifamily special affordable housing goal** — One multifamily special affordable housing goal under [section 4563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4563&num=0&edition=prelim). **(b) Timing** The Director shall, by regulation, establish an annual deadline by which the Director shall establish the annual housing goals under this subpart for each year, taking into consideration the need for the enterprises to reasonably and sufficiently plan their operations and activities in advance, including operations and activities necessary to meet such annual goals. **(c) Transition** The annual housing goals effective for 2008 pursuant to this subpart, as in effect before July 30, 2008, shall remain in effect for 2009, except that not later than the expiration of the 270-day period beginning on July 30, 2008, the Director shall review such goals applicable for 2009 to determine the feasibility of such goals given the market conditions current at such time and, after seeking public comment for a period not to exceed 30 days, may make appropriate adjustments consistent with such market conditions. **(d) Eliminating interest rate disparities** (1) **In general** — Upon request by the Director, an enterprise shall provide to the Director, in a form determined by the Director, data the Director may review to determine whether there exist disparities in interest rates charged on mortgages to borrowers who are minorities as compared with comparable mortgages to borrowers of similar creditworthiness who are not minorities. (2) **Remedial actions upon preliminary finding** — Upon a preliminary finding by the Director that a pattern of disparities in interest rates with respect to any lender or lenders exists pursuant to the data provided by an enterprise in paragraph (1), the Director shall_11 So in original. (A) refer the preliminary finding to the appropriate regulatory or enforcement agency for further review; and (B) require the enterprise to submit additional data with respect to any lender or lenders, as appropriate and to the extent practicable, to the Director who shall submit any such additional data to the regulatory or enforcement agency for appropriate action. (3) **Annual report to Congress** — The Director shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the actions taken, and being taken, by the Director to carry out this subsection. No such report shall identify any lender or lenders who have not been found to have engaged in discriminatory lending practices pursuant to a final adjudication on the record, and after opportunity for an administrative hearing, in accordance with subchapter II of chapter 5 of title 5. (4) **Protection of identity of individuals** — In carrying out this subsection, the Director shall ensure that no property-related or financial information that would enable a borrower to be identified shall be made public.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4562 — Enterprise guarantee fees

**(a) Definitions** For purposes of this section, the following definitions shall apply: (1) **Guarantee fee** — The term “guarantee fee”— (A) means a fee described in subsection (b); and (B) includes— (i) the guaranty fee charged by the Federal National Mortgage Association with respect to mortgage-backed securities; and (ii) the management and guarantee fee charged by the Federal Home Loan Mortgage Corporation with respect to participation certificates. (2) **Average fees** — The term “average fees” means the average contractual fee rate of single-family guaranty arrangements by an enterprise entered into during 2011, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points. Such definition shall be interpreted in a manner consistent with the annual report on guarantee fees by the Federal Housing Finance Agency. **(b) Increase** (1) **In general** (A) *Phased increase required* — Subject to subsection (c), the Director shall require each enterprise to charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families, consummated after December 23, 2011. (B) *Amount* — The amount of the increase required under this section shall be determined by the Director to appropriately reflect the risk of loss, as well 11 So in original. Probably should be followed by “as”. the cost of capital allocated to similar assets held by other fully private regulated financial institutions, but such amount shall be not less than an average increase of 10 basis points for each origination year or book ye

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4563 — Regulations for use of credit scores

The Director shall— (1) by regulation, establish standards and criteria for any process used by an enterprise to validate and approve credit scoring models pursuant to [section 1717(b)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1717/b/7&num=0&edition=prelim) and [section 1454(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1454/d&num=0&edition=prelim); and (2) ensure that any credit scoring model that is validated and approved by an enterprise under [section 1717(b)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1717/b/7&num=0&edition=prelim) or [section 1454(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1454/d&num=0&edition=prelim) meets the requirements of clauses (i), (ii), and (iii) of [section 1717(b)(7)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1717/b/7/C&num=0&edition=prelim) and subparagraphs (A), (B), and (C) of [section 1454(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1454/d&num=0&edition=prelim), respectively.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4568 — Duty to serve underserved markets and other requirements

**(a) Duty to serve underserved markets** (1) **11 So in original. No par. (2) has been enacted. Duty** — To increase the liquidity of mortgage investments and improve the distribution of investment capital available for mortgage financing for underserved markets, each enterprise shall provide leadership to the market in developing loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages for very low-, low-, and moderate-income families with respect to the following underserved markets: (A) *Manufactured housing* — The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on manufactured homes for very low-, low-, and moderate-income families. (B) *Affordable housing preservation* — The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market to preserve housing affordable to very low-, low-, and moderate-income families, including housing projects subsidized under_22 So in original. (i) the project-based and tenant-based rental assistance programs under [section 1437f of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim); (ii) the program under [section 1715z–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z-1&num=0&edition=prelim); (iii) the below-market interest rate mortgage program under section 1715l(d)(4) of this title; (iv) the supportive housing for the elderly program under [section 1701q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q&num=0&edition=prelim); (v) the supportive housing program for persons with di

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4564 — Discretionary adjustment of housing goals

Page 1671 TITLE 12—BANKS AND BANKING § 4565 1 So in original. No par. (2) has been enacted. 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 finan- cial 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 afford- able housing goal under this section (for pur- poses 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 enter- prise; or (2) are purchased by the enterprise, except that the Director may give less than full cred- it 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 per- formance (for purposes of section 4566 of this title) based on whether the rent levels are af- fordable. A rent level shall be considered to be affordable for purposes of this subsection for low-income families if it does not exceed 30 per- cent of the maximum income level of such in- come category, with appropriate adjustments for unit size as

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