OCC Plans To Rescind 2020 CRA Rule – NMP Skip to main content

OCC Plans To Rescind 2020 CRA Rule

Associate Editor
Sep 10, 2021

The OCC formally issued a proposal to rescind a controversial rule within the Community Reinvestment Act (CRA) that was published in June 2020.

KEY TAKEAWAYS
  • On September 8, 2021, the OCC formally issued a proposal to rescind a controversial rule within the Community Reinvestment Act (CRA) that was published in June 2020.
  • Instead, the agency is proposing to replace the anti-redlining rule with rules adopted jointly by the OCC, the Federal Reserve, and the FDIC in 1995.
  • The proposed rules are meant to combine CRA rules with the current Board of Governors of the Federal Reserve System and FDIC rules.

On September 8, 2021, the Office of the Comptroller of Currency (OCC) formally issued a proposal to rescind a controversial rule within the Community Reinvestment Act (CRA) that the OCC published in June 2020. The CRA, enacted in 1977, requires the Federal Reserve along with other banking regulators to encourage financial institutions to meet the credit needs of communities they do business with, including low- to middle-income neighborhoods. 

Instead, the agency is proposing to replace the anti-redlining rule with rules adopted jointly by the OCC, the Federal Reserve, and the Federal Deposit Insurance Corporation (FDIC) in 1995. The proposed rules are meant to collate CRA rules with the current Board of Governors of the Federal Reserve System and FDIC rules. According to the OCC, this rule will “facilitate the on-going interagency work to modernize the CRA regulatory framework and create consistency for all insured depository institutions.”

The OCC’s final rule issued in 2020 was intended to modernize the regulatory framework implementing the CRA. It was also meant to update deposit-based assessment areas; mandate the inclusion of consumer loans in CRA evaluations; include quantitative metric-based benchmarks for determining a bank’s CRA rating; and include a non-exhaustive illustrative list of activities that qualify for CRA consideration.

Earlier this summer, Acting Comptroller of the Currency Michael Hsu signaled that he would rescind the 2020 changes and pursue a joint rulemaking to modernize the CRA with the other national banks. 

“To ensure fairness in the face of persistent and rising inequality and changes in banking, the CRA must be strengthened and modernized,” said Acting Comptroller Hsu. “The disproportionate impacts of the pandemic on low and moderate income communities, the comments provided on the Board's Advanced Notice of Proposed Rulemaking, and our experience with implementation of the 2020 rule have highlighted the criticality of strengthening the CRA jointly with the Board and FDIC.” 

Hsu also admitted that the 2020 rescinded rule was a “false start” on modernizing the CRA. “This is why we will propose rescinding it and facilitating an orderly transition to a new rule,” Hsu said. “I look forward to working with the other agencies to develop a joint Notice of Proposed Rulemaking and building on the ANPR proposed by the Board in September 2020.”

The newly proposed rule(s) will apply to all national banks as well as all federal and state savings associations. The OCC is soliciting public commentary, due by Oct. 29.

About the author
Associate Editor
Katie Jensen is a mortgage news reporter at NMP.
Published
Sep 10, 2021
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026