24 CFR 81.46 - Remedial actions.

§ 81.46 Remedial actions.
(a) General. The Secretary shall direct the GSEs to take one or more remedial actions, including suspension, probation, reprimand or settlement, against lenders found to have engaged in discriminatory lending practices in violation of the Fair Housing Act or ECOA, pursuant to a final adjudication on the record and an opportunity for a hearing under subchapter II of chapter 5 of title 5, United States Code.
(b) Definitions. For purposes of this subpart, the following definitions apply:
Indefinite suspension means that, until directed to do otherwise by the Secretary, the GSEs will refrain from purchasing mortgages from a lender.
Probation means that, for a fixed period of time specified by the Secretary, a lender that has been found to have violated the Fair Housing Act or ECOA will be subject automatically to more severe sanctions than probation, e.g., suspension, if further violations are found.
Remedial action includes a reprimand, probation, temporary suspension, indefinite suspension, or settlement.
Reprimand means a written letter to a lender from a GSE, which has been directed to be sent by the Secretary, stating that the lender has violated the Fair Housing Act or ECOA and warning of the possibility that the Secretary may impose more severe remedial actions than reprimand if any further violation occurs.
Temporary Suspension means that, for a fixed period of time specified by the Secretary, the GSEs will not purchase mortgages from a lender.
(c) Institution of remedial actions.
(1) The Secretary shall direct the GSE to take remedial action(s) against a lender charged with violating ECOA only after a final determination on the charge has been made by an appropriate United States District Court or any other court of competent jurisdiction. The Secretary shall direct the GSE to take remedial action(s) against a lender charged with violating the Fair Housing Act only after a final determination on the matter has been made by a United States Court, a HUD Administrative Law Judge, or the Secretary.
(2) Following a final determination sustaining a charge against a lender for violating the Fair Housing Act or ECOA, in accordance with paragraph (c)(1) of this section, the Secretary shall determine the remedial action(s) that the GSE is to be directed to take for such violation.
(3) In determining the appropriate remedial action(s), the Secretary shall solicit and fully consider the views of the Federal financial regulator responsible for the subject lender concerning the action(s) that are contemplated to be directed against such lender, prior to directing any such action(s). If such responsible Federal financial regulator makes a written determination that a particular remedial action would threaten the financial safety and soundness of a Federally-insured lender, the Secretary shall consider other remedial actions. Where warranted, the Secretary also shall solicit and fully consider the views of the Director regarding the effect of the action(s) that are contemplated on the safety and soundness of the GSE. In determining what action(s) to direct, the Secretary will also, without limitation, consider the following:
(i) The gravity of the violation;
(ii) The extent to which other action has been taken against the lender for discriminatory activities;
(iii) Whether the lender's actions demonstrate a discriminatory pattern or practice or an individual instance of discrimination;
(iv) The impact or seriousness of the harm;
(v) The number of people affected by the discriminatory act(s);
(vi) Whether the lender operates an effective program of self assessment and correction;
(vii) The extent of any actions or programs by the lender designed to compensate victims and prevent future fair lending violations;
(viii) The extent that a finding of liability against a lender is based on a lender's use of a facially-neutral underwriting guideline of a secondary mortgage market entity applied appropriately by the lender in order to sell loans to that secondary mortgage market entity; and
(ix) Any other information deemed relevant by the Secretary.
(d) Notice of remedial action(s).
(1) Following the Secretary's decision concerning the appropriate remedial action(s) that the GSE is to be directed to take, the Secretary shall prepare and issue to the GSE and the lender a written notice setting forth the remedial action(s) to be taken and the date such remedial action(s) are to commence. The Notice shall inform the lender of its right to request a hearing on the appropriateness of the proposed remedial action(s), within 20 days of service of the Notice, by filing a request with the Docket Clerk, HUD Office of Administrative Law Judges.
(2) Where a lender does not timely request a hearing on a remedial action, the GSE shall take the action in accordance with the Notice.
(e) Review and decision on remedial action(s).
(1) Where a lender timely requests a hearing on a remedial action, a hearing shall be conducted before a HUD administrative law judge (ALJ) and a final decision rendered in accordance with the procedures set forth in 24 CFR part 26, subpart B, to the extent such provisions are not inconsistent with subpart C of this part or FHEFSSA. The lender and the Secretary, but not the GSE, shall be parties to the action. At such hearing, the appropriateness of the remedial action for the violation(s) will be the sole matter for review. The validity or appropriateness of the underlying determination on the violation(s) shall not be subject to review at such hearing.
(2) The Secretary shall transmit to the GSEs each final decision by HUD on a remedial action and any dispositive settlement of a proceeding on such action.
(3) The GSE shall take the action(s) set forth in a final decision by HUD on remedial action(s) or any dispositive settlement of such a proceeding setting forth remedial action(s) in accordance with such decision or settlement.
[60 FR 61888, Dec. 1, 1995, as amended at 61 FR 50218, Sept. 24, 1996]

Title 24 published on 2014-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 12 - BANKS AND BANKING

§ 1451 - Definitions

§ 1452 - Federal Home Loan Mortgage Corporation

§ 1453 - Capitalization of Federal Home Loan Mortgage Corporation

§ 1454 - Purchase and sale of mortgages; residential mortgages; conventional mortgages; terms and conditions of sale or other disposition; authority to enter into, perform, and carry out transactions

§ 1455 - Obligations and securities of the Corporation

§ 1456 - Immunity of Corporation; audits and reporting requirements; data collection; Housing Advisory Council

§ 1457 - Prohibited activities; penalties for violations by organizations, officers and members of organizations, and individuals

§ 1458 - Territorial applicability

§ 1459 - Separability

§ 1716 - Declaration of purposes of subchapter

12 U.S. Code § 1701i, 1701i–1 - Omitted

§ 1716b - Partition of Federal National Mortgage Association into Federal National Mortgage Association and Government National Mortgage Association; assets and liabilities; operations

§ 1717 - Federal National Mortgage Association and Government National Mortgage Association

§ 1717a - Prohibition against sale of obligations by Federal departments and agencies after June 30, 1966, without compliance with requirements of

§ 1718 - Capitalization of Federal National Mortgage Association

§ 1719 - Secondary market operations

§ 1720 - Repealed.

§ 1721 - Management and liquidation functions of Government National Mortgage Association

§ 1722 - Benefits and burdens incident to administration of functions and operations under

§ 1723 - Management

§ 1723a - General powers of Government National Mortgage Association and Federal National Mortgage Association

§ 1723b - Investment of funds

§ 1723c - Obligations, participations, or other instruments as lawful investments; acceptance as security; exempt securities

§ 1723d - Transfer of certain functions to Association

§ 1723e - Repealed.

§ 1723f - Repealed.

§ 1723h - Repealed.

§ 4501 - Congressional findings

§ 4502 - Definitions

§ 4503 - Protection of taxpayers against liability

§ 4511 - Establishment of the Federal Housing Finance Agency

§ 4512 - Director

§ 4513 - Duties and authorities of Director

§ 4513a - Federal Housing Finance Oversight Board

§ 4513b - Prudential management and operations standards

§ 4514 - Authority to require reports by regulated entities

§ 4514a - Study and reports on guarantee fees

§ 4515 - Personnel

§ 4516 - Funding

§ 4517 - Examinations

§ 4518 - Prohibition and withholding of executive compensation

§ 4518a - Limitation on bonuses to executives of Fannie Mae and Freddie Mac

§ 4519 - Authority to provide for review of regulated entities

§ 4520 - Minority and women inclusion; diversity requirements

§ 4521 - Annual reports by Director

§ 4522 - Public disclosure of final orders and agreements

§ 4523 - Limitation on subsequent employment

§ 4524 - Audits by GAO

§ 4525 - Information, records, and meetings

§ 4526 - Regulations and orders

§ 4541 - Prior approval authority for products

§ 4542 - Housing Price Index

§ 4543 - Public access to mortgage information

§ 4544 - Annual housing report

§ 4545 - Fair housing

§ 4546 - Prohibition of public disclosure of proprietary information

§ 4547 - Enterprise guarantee fees

§ 4548 - Repealed.

§ 4561 - Establishment of housing goals

§ 4562 - Single-family housing goals

§ 4563 - Multifamily special affordable housing goal

§ 4564 - Discretionary adjustment of housing goals

§ 4565 - Duty to serve underserved markets and other requirements

§ 4566 - Monitoring and enforcing compliance with housing goals

§ 4567 - Affordable housing allocations

§ 4568 - Housing Trust Fund

§ 4569 - Capital Magnet Fund

§ 4581 - Cease and desist proceedings

§ 4582 - Hearings

§ 4583 - Judicial review

§ 4584 - Enforcement and jurisdiction

§ 4585 - Civil money penalties

§ 4586 - Public disclosure of final orders and agreements

§ 4587 - Notice of service

§ 4588 - Subpoena authority

§ 4589 - Repealed.

§ 4601 - Review of underwriting guidelines

§ 4602 - Studies of effects of privatization of FNMA and FHLMC

§ 4603 - Transition

§ 4611 - Risk-based capital levels for regulated entities

§ 4612 - Minimum capital levels

§ 4613 - Critical capital levels

§ 4614 - Capital classifications

§ 4615 - Supervisory actions applicable to undercapitalized regulated entities

§ 4616 - Supervisory actions applicable to significantly undercapitalized regulated entities

§ 4617 - Authority over critically undercapitalized regulated entities

§ 4618 - Notice of classification and enforcement action

§ 4619 to 4621 - Repealed.

§ 4622 - Capital restoration plans

§ 4623 - Judicial review of Director action

§ 4624 - Reviews of enterprise assets and liabilities

§ 4631 - Cease-and-desist proceedings

§ 4632 - Temporary cease-and-desist orders

§ 4633 - Hearings

§ 4634 - Judicial review

§ 4635 - Enforcement and jurisdiction

§ 4636 - Civil money penalties

§ 4636a - Removal and prohibition authority

§ 4636b - Criminal penalty

§ 4637 - Notice after separation from service

§ 4638 - Private rights of action

§ 4639 - Public disclosure of final orders and agreements

§ 4640 - Notice of service

§ 4641 - Subpoena authority

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE