Enterprise Housing Goals

Citation85 FR 82965
Record Number2020-28084
Published date21 December 2020
CourtFederal Housing Finance Agency
82965
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules
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Department of Energy.
[FR Doc. 2020–27456 Filed 12–18–20; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Part 1282
RIN 2590–AB12
Enterprise Housing Goals
AGENCY
: Federal Housing Finance
Agency.
ACTION
: Advance notice of proposed
rulemaking.
SUMMARY
: The Federal Housing Finance
Agency (FHFA) is publishing an
Advance Notice of Proposed
Rulemaking (ANPR) requesting public
comment on a variety of questions
related to potential changes to the
regulation establishing housing goals for
Fannie Mae and Freddie Mac
(Enterprises). FHFA will consider
public comments received on these
questions in order to inform rulemaking
that is planned for 2021 to establish
single-family and multifamily housing
goals benchmark levels for 2022 and
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1
12 CFR part 1282.
2
See 12 U.S.C. 4562(e)(1).
3
See 12 U.S.C. 4562(i).
4
See 12 U.S.C. 4562(a) and 12 CFR
1282.16(b)(10).
5
See 12 CFR 1282.16(b)(8).
6
Some examples of factors associated with higher
risk include high debt-to-income ratio, high loan-to-
value ratio, or low credit score, among others.
‘‘Risk-layering’’ refers to loans with more than one
such factor.
beyond, and to make other changes to
the Enterprise housing goals regulation,
as appropriate.
DATES
: Comments must be received on
or before February 28, 2021.
ADDRESSES
: You may submit your
comments on the ANPR, identified by
regulatory information number (RIN)
2590–AB12, by any one of the following
methods:
Agency website: https://
www.fhfa.gov/open-for-comment-or-
input.
Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
RegComments@fhfa.gov to ensure
timely receipt by FHFA. Include the
following information in the subject line
of your submission: Comments/RIN
2590–AB12.
Hand Delivered/Courier: The hand
delivery address is: Alfred M. Pollard,
General Counsel, Attention: Comments/
RIN 2590–AB12, Federal Housing
Finance Agency, Eighth Floor, 400
Seventh Street SW, Washington, DC
20219. Deliver the package at the
Seventh Street entrance Guard Desk,
First Floor, on business days between 9
a.m. and 5 p.m.
U.S. Mail, United Parcel Service,
Federal Express, or Other Mail Service:
The mailing address for comments is:
Alfred M. Pollard, General Counsel,
Attention: Comments/RIN 2590–AB12,
Federal Housing Finance Agency,
Eighth Floor, 400 Seventh Street SW,
Washington, DC 20219. Please note that
all mail sent to FHFA via U.S. Mail is
routed through a national irradiation
facility, a process that may delay
delivery by approximately two weeks.
FOR FURTHER INFORMATION CONTACT
: Ted
Wartell, Associate Director, Office of
Housing & Community Investment,
Division of Housing Mission and Goals,
at (202) 649–3157, Ted.Wartell@
fhfa.gov; Padmasini Raman, Supervisory
Policy Analyst, Office of Housing &
Community Investment, Division of
Housing Mission and Goals, at (202)
649–3633, Padmasini.Raman@fhfa.gov;
or Kevin Sheehan, Associate General
Counsel, Office of General Counsel,
(202) 649–3086, Kevin.Sheehan@
fhfa.gov. These are not toll-free
numbers. The mailing address is:
Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC
20219. The telephone number for the
Telecommunications Device for the Deaf
is (800) 877–8339.
SUPPLEMENTARY INFORMATION
:
I. Comments
FHFA invites comments on all aspects
of this ANPR. Copies of all comments
will be posted without change,
including any personal information you
provide such as your name, address,
email address, and telephone number,
on the FHFA website at https://
www.fhfa.gov. In addition, copies of all
comments received will be available for
examination by the public through the
electronic rulemaking docket for this
ANPR, also located on the FHFA
website.
II. Advance Notice of Proposed
Rulemaking
This ANPR seeks public comments on
a variety of questions related to
potential changes to the Enterprise
housing goals regulation.
1
FHFA plans
to issue a proposed rule in 2021 that
would establish new benchmark levels
for the Enterprise housing goals for 2022
and beyond, as well as make other
changes to the regulation as appropriate.
Based on the comments received in
response to this ANPR, FHFA may
propose revisions to the Enterprise
housing goals regulation for comment in
the proposed rule planned for 2021 or
in a later rulemaking. FHFA invites
comments on the specific questions set
forth in this ANPR, and on any other
issues that commenters think should be
addressed as part of the rulemaking that
will establish the housing goals
benchmark levels for 2022 and beyond.
Question 1: Are there categories of
loans that should be excluded from
receiving housing goals credit under the
Federal Housing Enterprises Financial
Safety and Soundness Act of 1992
(Safety and Soundness Act) provisions
on ‘‘unacceptable business and lending
practices?’’
The Safety and Soundness Act
requires FHFA to exclude ‘‘segments of
the market determined to be
unacceptable or contrary to good
lending practices, inconsistent with
safety and soundness, or unauthorized
for purchase by the enterprises’’ from
consideration in setting the single-
family housing goals.
2
FHFA may not
give credit toward achievement of the
housing goals for mortgages that are
‘‘determined to be unacceptable or
contrary to good lending practices,
inconsistent with safety and soundness,
or unauthorized for purchase by the
enterprises.’’
3
The current exclusions under the
Enterprise housing goals regulation
generally focus on types of loans or
other product characteristics, rather
than loans that are unacceptable or
contrary to good lending practices.
However, FHFA may also make
exclusions based on factors considered
in underwriting loans. For single-family
loan purchases, the Enterprises use their
own automated underwriting systems to
evaluate whether a loan is eligible for
purchase based on factors including, but
not limited to, a borrower’s
creditworthiness. These automated
underwriting systems assess a
borrower’s ability to make his or her
mortgage payments over a two- or three-
year time period following origination.
The Enterprises establish a cut-off
threshold based on their credit risk
appetite, and only those loans for which
the borrowers’ predicted risk is deemed
below that threshold are eligible to be
sold to the Enterprises. The Enterprises
also price loans according to their
pricing grids to partially account for the
risk profile of a loan.
FHFA generally considers all
conventional conforming first lien
mortgages that are owner-occupied as
potentially eligible for single-family
housing goals credit, subject to certain
exclusions. For instance, under the
Safety and Soundness Act, investor
loans are excluded, and under the
Enterprise housing goals regulation,
investor loans and second loans (i.e.,
any subordinate lien mortgages) are
excluded, from consideration for the
single-family housing goals.
4
As another
example, mortgages for secondary
residences are excluded from
consideration for the single-family
housing goals.
5
FHFA requests comment on whether
there are other categories of loans that
should be excluded from receiving
housing goals credit under the statute’s
‘‘unacceptable business and lending
practices’’ provisions. For example,
should FHFA consider factors to
promote borrower sustainability? How
would FHFA determine and measure
sustainability? Should risk-layering be
considered in a manner that is distinct
from the eligibility requirements of the
Enterprises?
6
What criteria should be
used to identify such loans? What
public policies should FHFA consider
when assessing certain categories of
loans? Are there other loan
characteristics that could be, in some
instances, not in the long-term interest
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7
See 12 CFR 1281.1 and 1282.12(f).
of the borrower, even if they are not
treated as abusive or unfair under
existing consumer protection statutes?
Question 2: Are there ways to
determine whether the low-income areas
home purchase subgoal has resulted in
the displacement of residents from
certain communities, or to measure the
extent of any such displacement?
Should FHFA consider modifying the
low-income areas home purchase
subgoal to address such concerns? If so,
how?
Concerns have been raised about
gentrification in low-income areas and
high-minority census tracts, and the
potential displacement of long-time
low-income residents from such areas
and tracts. The current Enterprise
housing goals regulation does not
restrict the income of borrowers whose
mortgages qualify for the low-income
areas home purchase subgoal if the
mortgages are on properties located in a
low-income census tract. Under the
regulation, the Enterprises can meet the
low-income areas home purchase
subgoal by acquiring home purchase
mortgages that are either: (1) Originated
for borrowers located in low-income
census tracts (defined as census tracts
with median income less than or equal
to 80 percent of area median income
(AMI)); or (2) originated for borrowers
with incomes less than or equal to AMI
who reside in minority census tracts
(defined as census tracts with a minority
population of at least 30 percent and a
tract median income of less than 100
percent of AMI).
7
There are no borrower
income requirements for criterion (1).
While Enterprise mortgage acquisitions
could qualify under either or both
criteria, the share of the Enterprises’
mortgage acquisitions satisfying
criterion (1) has been consistently
higher than the share of Enterprise
mortgage acquisitions satisfying
criterion (2) in recent years. For
example, among the Enterprises’
mortgage acquisitions in 2019, 15.0
percent of mortgages met only criterion
(1), 10.2 percent met only criterion (2),
and 6.4 percent met both criteria, as can
be seen in Table 1 below. All of these
shares have been increasing steadily
since 2010.
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FHFA’s analysis of Home Mortgage
Disclosure Act (HMDA) data in Table 2
shows that both low-income areas and
high-minority areas have increasing
shares of borrowers with incomes at or
above 100 percent of AMI, although
loans to borrowers with incomes over
100 percent of AMI do not qualify for
the minority areas component of the
goal. For instance, the share of loans
made to borrowers with incomes greater
than 100 percent of AMI and residing in
these low-income census tracts
increased from 38.8 percent in 2010 to
44.2 percent in 2016, after dropping to
36.5 percent in 2012. This share has
been relatively stable since then, with a
43.3 percent share in 2019. Nonetheless,
borrowers with higher incomes have
made up an increasing share of the
mortgage market in low-income areas.
A similar trend exists among
borrowers residing in high minority
census tracts, with the share of higher
income borrowers increasing from 42.5
percent in 2010 to 50 percent in 2016.
That share declined to 47.8 percent in
2019 after hovering around 49 percent
in 2018 and 2019.
Table 3 shows that the share of loans
made to borrowers with incomes greater
than 100 percent of AMI and residing in
low-income census tracts increased
from 40.7 percent in 2010 to 42.8
percent in 2016. However, that share
has declined since then, dropping to a
low of 37 percent in 2019. This trend is
similar among borrowers residing in
high minority census tracts, with the
share of higher income borrowers
increasing from 45.4 percent in 2010 to
48.5 percent in 2016, after dropping to
a low of 42.8 percent in 2012. This share
has since declined to 42.8 percent in
2019.
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8
Public Law 115–97, section 13823, 131 Stat.
2054, 2183, codified at 26 U.S.C. 1400Z–1 and
1400Z–2 (Dec. 22, 2017). Note: Public Law 115–97
is commonly referred to as the ‘‘Tax Cuts and Jobs
Act,’’ but that short title was omitted from the law
as enacted.
The presence of higher-income
borrowers in these areas may be a sign
of improved economic indicators for the
community, but there is some concern
that such a trend as seen particularly in
the HMDA data analysis could also be
accompanied by the displacement of
lower income households. Change in
the mix of renters to owner-occupied
households often precedes and
accompanies these trends. FHFA is
aware that this particular subgoal may
encourage the Enterprises to focus on
purchasing loans for higher-income
households in low-income and high-
minority areas, and FHFA is also aware
of concerns about the impact of rising
housing costs on current residents in
low-income or higher-minority areas.
However, it is possible that higher-
income households would have moved
into these areas even in the absence of
the subgoal. In recognition of these
issues, FHFA has been very
conservative in setting the benchmark
levels for this subgoal.
Recently, in response to the issuance
of FHFA’s proposed rule for the 2021
Enterprise housing goals, FHFA
received two comment letters from
policy advocacy organizations that
referenced concerns about displacement
and gentrification related to this
subgoal. The comment letters supported
and encouraged FHFA’s efforts to
monitor and analyze trends regarding
this subgoal. The comment letters also
requested release of additional data on
borrower incomes associated with goals-
qualifying loans.
FHFA requests comment on how best
to achieve the policy objectives of this
subgoal. Should FHFA shift the focus of
this subgoal to lower-income
households? Should FHFA impose an
AMI limit on borrowers for mortgages
that qualify for the subgoal? Should
FHFA set a limit on the number or share
of mortgages for borrowers with
incomes over 100 percent of AMI that
count towards the subgoal?
Question 3: Should FHFA revise the
low-income areas home purchase
subgoal to consider loans on properties
located in Opportunity Zones, and if so,
how should such loans be treated?
Opportunity Zones were created by
the 2017 Tax Cuts and Jobs Act, and are
designed to spur economic development
and job creation in distressed
communities by providing tax benefits
to investors who invest in these
communities.
8
Investors may defer tax
on eligible capital gains by making a
qualifying investment (including real
estate) in a Qualified Opportunity Fund
(QOF). A QOF is an investment vehicle
with at least 90 percent of its holdings
in a Qualified Opportunity Zone (QOZ)
property. QOZs are census tracts that
meet certain poverty rate and median
family income requirements and that
have been designated as such by the
U.S. Department of the Treasury, based
on nominations from the Chief
Executive Officers of each State. There
are around 8,700 QOZ tracts, the
majority of which are low-income tracts.
Because the Opportunity Zones
program is new, its impact is still
largely unknown. FHFA has noted that
in 2019, over 17 percent of low-income
area home purchase goal loans are in
QOZs. Additionally, 12 percent of
multifamily low-income goal units and
20 percent of small multifamily low-
income goal units are in QOZs. To help
track how QOF projects are achieving
the program’s intended goal of
community revitalization, the U.S.
Impact the U.S. Impact [MB1] Investing
Alliance, the Beeck Center for Social
Impact + Innovation at Georgetown
University, and the Federal Reserve
Bank of New York partnered to create
the Opportunity Zones Reporting
Framework, a tool that may be used to
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9
See https://ozframework.org/about-index.
10
See 12 U.S.C. 4562(a)(1).
assess the intended goal of community
revitalization.
9
FHFA requests comment on whether
and how the objectives of the
Opportunity Zones program would align
with the purpose of the Enterprise low-
income areas home purchase subgoal.
Should FHFA consider giving credit
under this subgoal for loans on
properties located in Opportunity
Zones? What criteria should FHFA use
to focus on Opportunity Zones that
would have the largest benefit to a
community? If included in the subgoal,
how can FHFA ensure that the loans on
properties in Opportunity Zones benefit
these communities? How can FHFA use
this subgoal to target slow-growing
communities that need these loans?
Should FHFA require the use of the
Opportunity Zone Reporting Framework
for impact tracking? Are there other
public policy considerations related to
Opportunity Zones that FHFA should
consider?
Question 4: Is there evidence that the
Enterprise housing goals have helped
expand low-income homeownership in
the marketplace?
The Safety and Soundness Act directs
FHFA to evaluate Enterprise support for
low-income homeownership by
measuring the low-income share of the
mortgages that the Enterprises have
acquired.
10
FHFA requests comment on the
factors it should consider in assessing
the effectiveness of the Enterprises’
activities in expanding low-income
homeownership. In order to improve the
housing goals, how should impacts be
evaluated? What are the appropriate
counterfactuals to consider? Is it
possible to determine whether acquired
mortgages that count toward
achievement of the goals would have
been originated in the absence of the
housing goals? FHFA specifically
requests comment on whether—and
under the statute, how—other support
activities undertaken by the Enterprises
should be considered when FHFA
reviews the Enterprises’ performance on
the single-family housing goals.
Mark A. Calabria,
Director, Federal Housing Finance Agency.
[FR Doc. 2020–28084 Filed 12–18–20; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1138; Project
Identifier MCAI–2020–01258–E]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Deutschland Ltd & Co KG (Type
Certificate Previously Held by Rolls-
Royce plc) Turbofan Engines
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Rolls-Royce Deutschland Ltd &
Co KG (RRD) Trent 1000–A2, 1000–AE2,
1000–C2, 1000–CE2, 1000–D2, 1000–E2,
1000–G2, 1000–H2, 1000–J2, 1000–K2
and 1000–L2 model turbofan engines.
This proposed AD was prompted by the
manufacturer’s analysis which
determined that cracks may initiate in
the front seal fins and cause cracks in
the low-pressure turbine (LPT) disk.
This proposed AD would require
repetitive inspection of the seal fins
and, depending on the results of the
inspection, replacement of the LPT disk
before further flight. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES
: The FAA must receive comments
on this proposed AD by February 4,
2021.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12 140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Rolls-Royce plc,
P.O. Box 31, Derby, DE24 8BJ, United
Kingdom, phone: +44 (0)1332 242424;
website: https://www.rolls-royce.com/
contact-us.aspx. You may view this
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–
7759.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1138; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, the mandatory continuing
airworthiness information (MCAI), any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT
:
Kevin M. Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803;
phone: (781) 238–7088; fax: (781) 238–
7199; email: kevin.m.clark@faa.gov.
SUPPLEMENTARY INFORMATION
:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under
ADDRESSES
. Include ‘‘Docket No.
FAA–2020–1138; Project Identifier
MCAI–2020–01258–E’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
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