Sec. 1335. DUTY TO SERVE UNDERSERVED MARKETS AND OTHER REQUIREMENTS
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## SEC. 1335 DUTY TO SERVE UNDERSERVED MARKETS AND OTHER REQUIREMENTS **[**[12 U.S.C. 4565](/us/usc/t12/s4565)**]** ###
(a)Duty to Serve Underserved Markets #### (1)43 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: 43So in law. There is no paragraph (2). #####
(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—44 44So in law. ######
(i)the project-based and tenant-based rental assistance programs under section 8 of the United States Housing Act of 1937; ######
(ii)the program under section 236 of the National Housing Act; ######
(iii)the below-market interest rate mortgage program under section 221(d)(4) of the National Housing Act; ######
(iv)the supportive housing for the elderly program under section 202 of the Housing Act of 1959; ######
(v)the supportive housing program for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act; ######
(vi)the programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.), but only permanent supportive housing projects subsidized under such programs; ######
(vii)the rural rental housing program under section 515 of the Housing Act of 1949; ######
(viii)the low-income housing tax credit under section 42 of the Internal Revenue Code of 1986; and ######
(ix)comparable state and local affordable housing programs. #####
(C)Rural markets The enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for mortgages on housing for very low-, and low-, and moderate-income families in rural areas. ###
(b)In General To meet the housing goals established under this subpart and to carry out the duty under subsection
(a)of this section, each enterprise shall— ####
(1)design programs and products that facilitate the use of assistance provided by the Federal Government and State and local governments; ####
(2)develop relationships with nonprofit and for-profit organizations that develop and finance housing and with State and local governments, including housing finance agencies; ####
(3)take affirmative steps to— #####
(A)assist primary lenders to make housing credit available in areas with concentrations of low-income and minority families, and #####
(B)assist insured depository institutions to meet their obligations under the Community Reinvestment Act of 1977, which shall include developing appropriate and prudent underwriting standards, business practices, repurchase requirements, pricing, fees, and procedures; and ####
(4)develop the institutional capacity to help finance low- and moderate-income housing, including housing for first-time homebuyers. ###
(c)Additional Categories The Director may submit recommendations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate for the establishment of additional categories under subsection (a), provided that the Director makes a preliminary determination that any such category is important to the mission of the enterprises, that the category is an underserved market, and that the establishment of such category is warranted. ###
(d)Evaluation and Reporting of Compliance ####
(1)In general The Director shall, by regulation, establish effective for 2010 and thereafter a manner for evaluating whether, and the extent to which, the enterprises have complied with the duty under subsection
(a)to serve underserved markets and for rating the extent of such compliance. Using such method, the Director shall, for 2010 and each year thereafter, evaluate such compliance and rate the performance of each enterprise as to extent of compliance. The Director shall include such evaluation and rating for each enterprise for a year in the report for that year submitted pursuant to section 1319B(a). ####
(2)Separate evaluations In determining whether an enterprise has complied with the duty referred to in paragraph (1), the Director shall separately evaluate whether the enterprise has complied with such duty with respect to each of the underserved markets identified in subsection (a), taking into consideration—45 45So in law. #####
(A)the development of loan products, more flexible underwriting guidelines, and other innovative approaches to providing financing to each of such underserved markets; #####
(B)the extent of outreach to qualified loan sellers and other market participants in each of such underserved markets; #####
(C)the volume of loans purchased in each of such underserved markets relative to the market opportunities available to the enterprise, except that the Director shall not establish specific quantitative targets nor evaluate the enterprises based solely on the volume of loans purchased; and #####
(D)the amount of investments and grants in projects which assist in meeting the needs of such underserved markets. ####
(3)Manufactured housing market In determining whether an enterprise has complied with the duty under subparagraph
(A)of subsection (a)(1), the Director may consider loans secured by both real and personal property. ####
(4)Prohibition of consideration of affordable housing fund grants for meeting duty to serve In determining whether an enterprise has complied with the duty referred to in paragraph (1), the Director may not consider any affordable housing fund grant amounts used under section 1337 for eligible activities under subsection
(g)of such section.
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