[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24677-24678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08609]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 88 , No. 78 / Monday, April 24, 2023 / Rules 
and Regulations  

[[Page 24677]]



FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 338

RIN 3064-AF89


Fair Housing Rule, Consumer Protection in Sales of Insurance 
Rule; Technical Correction

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Technical correction.

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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is making a 
technical correction to the FDIC's Fair Housing Rule to reinsert a 
previous instruction regarding the Equal Housing Lending Poster.

DATES: Effective on June 23, 2023.

FOR FURTHER INFORMATION CONTACT: Alys V. Brown, Senior Attorney, Legal 
Division, [email protected]; Thaddeus J. King, Policy Analyst, Division 
of Depositor and Consumer Protection, 202-898-3541, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Fair Housing Rule prohibits FDIC-supervised institutions from 
engaging in discriminatory advertising involving residential real 
estate-related transactions. The rule was last amended in August 2022 
through a technical correction to reflect a reorganization and change 
in the name of the FDIC's former Consumer Response Center to the 
National Center for Consumer and Depositor Assistance and to add web 
addresses.\1\
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    \1\ 87 FR 48079 (Aug. 8, 2022); 87 FR 49767 (Aug. 12, 2022).
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    In February 2021, the FDIC amended part 338 to make it applicable 
to State savings associations, and revised Sec.  338.4 by removing the 
mailing address for the former Consumer Response Center and replacing 
it with a bracketed instruction to insert on the Equal Housing Lending 
Poster the address for the former Consumer Response Center as stated on 
the FDIC's website at www.fdic.gov.\2\ Historically, the required 
language for the Equal Housing Lending Poster included only the mailing 
address for the former Consumer Response Center, now renamed the 
National Center for Consumer and Depositor Assistance.
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    \2\ See 86 FR 8088 (Feb. 3, 2021).
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    In August 2022, the FDIC updated 12 CFR part 338 through a 
technical correction to replace the reference to ``Consumer Response 
Center'' in the bracketed instruction with its new name, the ``National 
Center for Consumer and Depositor Assistance,'' and to add the web 
address for the National Center for Consumer and Depositor Assistance 
complaint portal. When updating 12 CFR part 338 in August 2022, the 
bracketed instruction to include the mailing address was inadvertently 
removed.
    Therefore, the FDIC is making a further technical correction to 12 
CFR part 338 to reinsert the bracketed instruction for FDIC-supervised 
institutions to insert on their Equal Housing Lending Posters the 
mailing address for the National Center for Consumer and Depositor 
Assistance as stated on the FDIC's website at www.fdic.gov. Including 
the instruction for FDIC-supervised banks to insert the mailing 
address, rather than listing the National Center for Consumer and 
Depositor Assistance's current mailing address, helps ensure that 
posters contain the Center's up-to-date mailing address. Banks (and the 
public) can find the National Center for Consumer and Depositor 
Assistance's current mailing address by visiting www.fdic.gov and 
searching for ``National Center for Consumer and Depositor Assistance'' 
with the website's search tool. Banks that experience difficulty in 
determining the appropriate mailing address for the National Center for 
Consumer and Depositor Assistance for inclusion on the Equal Housing 
Lending Poster may contact the FDIC for assistance.

List of Subjects in 12 CFR Part 338

    Aged, Banks, Banking, Civil rights, Credit, Fair housing, 
Individuals with disabilities, Marital status discrimination, 
Mortgages, Religious discrimination, Reporting and recordkeeping 
requirements, Savings associations, Sex discrimination, Signs and 
symbols.

Authority and Issuance

    For the reasons stated in the preamble, the FDIC amends 12 CFR part 
338 as follows:

PART 338--FAIR HOUSING

0
1. The authority citation for part 338 continues to read:

    Authority: 12 U.S.C. 1817, 1818, 1819, 1820(b), 2801 et seq.; 15 
U.S.C. 1691 et seq.; 42 U.S.C. 3605, 3608; 12 CFR parts 1002, 1003; 
24 CFR part 110.


0
2. Amend Sec.  338.4 by revising paragraph (b) to read as follows:


Sec.  338.4  Fair housing poster.

* * * * *
    (b) The Equal Housing Lender Poster shall be at least 11 by 14 
inches in size and have the following text:
    We Do Business in Accordance with Federal Fair Lending Laws.
    UNDER THE FEDERAL FAIR HOUSING ACT, IT IS ILLEGAL, ON THE BASIS OF 
RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, HANDICAP, OR FAMILIAL 
STATUS (HAVING CHILDREN UNDER THE AGE OF 18) TO:
     Deny a loan for the purpose of purchasing, constructing, 
improving, repairing or maintaining a dwelling or to deny any loan 
secured by a dwelling; or
     Discriminate in fixing the amount, interest rate, 
duration, application procedures, or other terms or conditions of such 
a loan or in appraising property.
    IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND 
A COMPLAINT TO:
    Assistant Secretary for Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, Washington, DC 20410, for 
processing under the Federal Fair Housing Act;
    AND TO:
    Federal Deposit Insurance Corporation, National Center for Consumer 
and Depositor Assistance, [FDIC-supervised institution should insert 
mailing address for National Center for Consumer and Depositor 
Assistance found at www.fdic.gov], https://ask.fdic.gov/fdicinformationandsupportcenter, for processing under the FDIC 
Regulations.
    UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL

[[Page 24678]]

TO DISCRIMINATE IN ANY CREDIT TRANSACTION:
     On the basis of race, color, national origin, religion, 
sex, marital status, or age;
     Because income is from public assistance; or
     Because a right has been exercised under the Consumer 
Credit Protection Act.
    IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND 
A COMPLAINT TO:
    Federal Deposit Insurance Corporation, National Center for Consumer 
and Depositor Assistance, [FDIC-supervised institution should insert 
mailing address for National Center for Consumer and Depositor 
Assistance found at www.fdic.gov], https://ask.fdic.gov/fdicinformationandsupportcenter.
* * * * *

Federal Deposit Insurance Corporation.

    Dated at Washington, DC, on April 18, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023-08609 Filed 4-21-23; 8:45 am]
BILLING CODE 6714-01-P