NY State Senate Bill 2021-S5246

Senate Bill S5246

Signed By Governor

2021-2022 Legislative Session

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities

download bill text pdf

Archive: Last Bill Status Via A6247 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 01, 2021	signed chap.549
Oct 22, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1691 substituted for s5246a
Jun 10, 2021	substituted by a6247a
Jun 09, 2021	ordered to third reading cal.1691 committee discharged and committed to rules
May 20, 2021	print number 5246a
May 20, 2021	amend (t) and recommit to banks
Feb 26, 2021	referred to banks

Votes

- Jun 10, 2021 - Floor Vote
  A6247
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 9, 2021 - Rules Committee Vote
  S5246
  
  14
  
  Aye
  
  2
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (2)
      
      O'Mara
      
      Ortt
      
      aye wr (5)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S5246 - Details

Law Section:: Banking Law
Laws Affected:: Amd §28-b, Bank L
Versions Introduced in 2021-2022 Legislative Session:: S5246

2021-S5246 - Summary

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities.

2021-S5246 - Sponsor Memo

                                
 
BILL NUMBER: S5246

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the banking law, in relation to including non-depository
lenders in the state community reinvestment act

 
PURPOSE OR GENERAL IDEA OF BILL::

Allows non-depository lenders into the state community reinvestment act.
 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivisions 1 and 4 of section 28-b of the banking
law.

Section 2: Sets the effective date

 
JUSTIFICATION::

Redlining, or the systematic form of housing discrimination, service
denial, or deceptive and fraudulent lending practices based on racial or
ethnic composition, has undeniably shaped and hindered the City of
Buffalo in the past, and there is work to be done to eradicate its pres-
ence from the lives of our underprivileged and neglected ethnic communi-
ties. The consequences of redlining include poor housing conditions, the
disparity in educational and employment opportunities, inadequate trans-
portation infrastructure, instability in access to healthcare, etc.
Redlining's aptitude to exacerbate housing discrimination is correlated
with the overall decreased economic opportunity of marginalized communi-
ties. With the ongoing COVID-19 pandemic crisis, this and racial health
inequities have heightened and it is the job of legislative reform to
address all possible aggravations of redlining.

The Department of Financial Services administration of the State's
Community Reinvestment Act (CRA) actively works to eliminate the housing
discrimination fostered by redlining. More specifically, the CRA
requires banks to define their service area, evaluating how well said
banks provided banking services to the entire community rather than
excluding particular populations. In relation to redlining's extensive-
ness, while the CRA applies to banks, it is currently inapplicable to
non-depository lenders. Omitting non-depository lenders, who currently
hold a substantial portion of the mortgage lending market, from CRA
monitoring leaves communities vulnerable to fair lending abuses in the
New York State residential loan market.

In February of 2021, the Department of Financial Services released a
report on redlining within the City of Buffalo. In it, DFS recommended
that non-depository lenders are extended into CRA's mechanisms of inves-
tigation and compliance. Accomplishing so would increase lending to
minorities and low-income borrowers as they are currently served at
higher rates than CRA regulated banks. This is collaborated by Homestead
Funding Corp, a non-depository lender who explained that its ability to
reach minority populations in the Buffalo area is partly attributable to
the fact that it operates in another state with CRA requirements on
non-depository institutions.

 
PRIOR LEGISLATIVE HISTORY::

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None to state or local governments

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it shall have
become a law.

See
https://www.dfs.ny.gov/system/files/documents/2021/02/
report_redliningbuffalo_ny_20210204 _l.pdf

2021-S5246 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5246
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks
 
 AN ACT to amend the banking law, in relation to including non-depository
   lenders in the state community reinvestment act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 4 of section 28-b of the banking law,
 subdivision 1 as amended by chapter 360 of the laws of 1984, and  subdi-
 vision  4  as amended by chapter 180 of the laws of 2012, are amended to
 read as follows:
   1. Each banking institution as defined in  subdivision  four  of  this
 section  to  which the Community Reinvestment Act of 1977, United States
 P.L. 95-128, applies shall file with the superintendent a copy  of  each
 report and document which it is required to prepare for or file with one
 or  more federal agencies pursuant to the provisions of that law and the
 rules  and  regulations  promulgated  thereunder.  NOTWITHSTANDING   ANY
 PROVISION  OF LAW TO THE CONTRARY, EACH PERSON OR ENTITY LICENSED PURSU-
 ANT TO ARTICLE NINE OF THIS CHAPTER TO WHICH THE COMMUNITY  REINVESTMENT
 ACT  OF  1977, UNITED STATES P.L. 95-128, DOES NOT APPLY SHALL FILE WITH
 THE SUPERINTENDENT REPORTS AND DOCUMENTS PURSUANT  TO  RULES  AND  REGU-
 LATIONS  PROMULGATED  BY  THE SUPERINTENDENT WHICH ARE EQUIVALENT TO THE
 REPORTS AND DOCUMENTS REQUIRED PURSUANT TO  THE  COMMUNITY  REINVESTMENT
 ACT  OF  1977,  UNITED  STATES P.L. 95-128 AND THE RULES AND REGULATIONS
 PROMULGATED THEREUNDER. Where  a  banking  institution  has  filed  such
 reports  or  documents with the superintendent, an update of the reports
 or documents shall be required at such time as the  banking  institution
 requests  the  superintendent  to  take any action on any application to
 which the provisions of subdivision three of this section apply.
   4. Notwithstanding any other provision of this chapter or other law to
 the contrary, the term banking institution when  used  in  this  section
 shall  mean  and  include  all  banks,  trust  companies, savings banks,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09503-01-1

 S. 5246                             2
 
 savings and loan associations,  credit  unions  [and],  foreign  banking
 corporations  incorporated,  chartered,  organized or licensed under the
 laws of this state, AND ALL PERSONS OR  ENTITIES  LICENSED  PURSUANT  TO
 ARTICLE  NINE  OF  THIS CHAPTER. In the case of a foreign banking corpo-
 ration licensed pursuant to this article and  maintaining  a  branch  in
 this  state, the management of the branch shall establish a committee of
 not fewer than three officers to function in the  role  of  a  board  of
 directors for purposes of this section.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

2021-S5246A (ACTIVE) - Details

Law Section:: Banking Law
Laws Affected:: Amd §28-b, Bank L
Versions Introduced in 2021-2022 Legislative Session:: S5246

2021-S5246A (ACTIVE) - Summary

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities.

2021-S5246A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5246A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the banking law, in relation to the assessment of the
record of performance of mortgage bankers in helping to meet the credit
needs of local communities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expand the requirements of the state
community reinvestment act to non-depository lenders.

 
SUMMARY OF PROVISIONS:

Section 1. Creates a new section, 28-bb of the banking law, to require
non-depository lenders to participate in the community reinvestment act.

Section 2: Sets the effective date

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Section 1. Creates a new section, 28-bb of the banking law, establishing
community reinvestment act reporting guidelines for licensed mortgage
bankers. Additionally this bill would create guideline for assessing
such lenders record of performance through factors, including:

*Activities conducted to ascertain credit needs of the community;
*The extent to which marketing and promotions make the community aware
of services offered;
*The extent of participation by the mortgage banker's leadership bodies
in formulating policies and reviewing performance'
*Participation in community outreach, development, redevelopment and
educational programs;
*Any practices intended to discourage applications for types of credit;
*Geographical distribution of credit offers;
*Evidence of prohibited discriminatory or other illegal credit prac-
tices; *The record of opening and closing offices;
*Participation in government -insured, guaranteed or subsidized loan
programs for housing;
*Ability to meet community credit needs; and
*Other factors that bear upon the extent to which the mortgage banker is
meeting the community credit needs.

 
JUSTIFICATION:

Redlining, or the systematic form of housing discrimination, service
denial, or deceptive and fraudulent lending practices based on racial or
ethnic composition, has undeniably shaped and hindered the City of
Buffalo in the past, and there is work to be done to eradicate its pres-
ence from the lives of our underprivileged and neglected ethnic communi-
ties. The consequences of redlining include poor housing conditions, the
disparity in educational and employment opportunities, inadequate trans-
portation infrastructure, instability in access to healthcare, etc.

Redlining's aptitude to exacerbate housing discrimination is correlated
with the overall decreased economic opportunity of marginalized communi-
ties. With the ongoing COVID-19 pandemic crisis, this and racial health
inequities have heightened and it is the job of legislative reform to
address all possible aggravations of redlining.

The Department of Financial Services administration of the State's
Community Reinvestment Act (CRA) actively works to eliminate the housing
discrimination fostered by redlining. More specifically, the CRA
requires banks to define their service area, evaluating how well said
banks provided banking services to the entire community rather than
excluding particular populations. In relation to redlining's extensive-
ness, while the CRA applies to banks, it is currently inapplicable to
non-depository lenders. Omitting non-depository lenders, who currently
hold a substantial portion of the mortgage lending market, from CRA
monitoring leaves communities vulnerable to fair lending abuses in the
New York State residential loan market.

In February of 2021, the Department of Financial Services released a
report on redlining within the City of Buffalo. In it, DFS recommended
that non-depository lenders are extended into CRA's mechanisms of inves-
tigation and compliance. Accomplishing so would increase lending to
minorities and low-income borrowers as they are currently served at
higher rates than CRA regulated banks. This is collaborated by Homestead
Funding Corp, a non-depository lender who explained that its ability to
reach minority populations in the Buffalo area is partly attributable to
the fact that it operates in another state with CRA requirements on
non-depository institutions.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2021-S5246A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5246--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the banking law, in relation to the assessment of the
   record of performance of mortgage bankers in helping to meet the cred-
   it needs of local communities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   The banking law is amended by adding a new section 28-bb
 to read as follows:
   § 28-BB. CREDIT NEEDS OF LOCAL COMMUNITIES; MORTGAGE BANKERS. 1.  WHEN
 TAKING ANY ACTION ON AN APPLICATION MADE BY A MORTGAGE  BANKER  LICENSED
 PURSUANT TO SECTION FIVE HUNDRED NINETY-ONE OF THIS CHAPTER FOR A CHANGE
 IN  CONTROL UNDER SECTION FIVE HUNDRED NINETY-FOUR-B OF THIS CHAPTER, OR
 ON ANY OTHER APPLICATION OR NOTICE TO WHICH THE SUPERINTENDENT OF FINAN-
 CIAL SERVICES SHALL BY RULE OR REGULATION MAKE APPLICABLE THE PROVISIONS
 OF THIS SECTION, THE SUPERINTENDENT SHALL TAKE INTO ACCOUNT, AMONG OTHER
 FACTORS, AN ASSESSMENT, IN WRITING, OF THE RECORD OF PERFORMANCE OF  THE
 MORTGAGE BANKER IN HELPING TO MEET THE CREDIT NEEDS OF ITS ENTIRE COMMU-
 NITY,  INCLUDING  LOW  AND MODERATE INCOME NEIGHBORHOODS, AND CONSISTENT
 WITH SAFE AND SOUND OPERATION OF THE MORTGAGE  BANKER.  SUCH  ASSESSMENT
 AND ANY WRITTEN COMMUNICATIONS FROM THE DEPARTMENT OF FINANCIAL SERVICES
 TO A MORTGAGE BANKER RELATING TO SUCH ASSESSMENT SHALL BE MADE AVAILABLE
 TO  THE  PUBLIC  UPON  REQUEST,  PROVIDED THAT NOTHING CONTAINED IN THIS
 SUBDIVISION SHALL BE DEEMED TO ALTER, AMEND OR AFFECT THE PROVISIONS  OF
 SUBDIVISION  TEN  OF SECTION THIRTY-SIX OF THIS ARTICLE.  IN MAKING SUCH
 ASSESSMENT OF A MORTGAGE BANKER, THE  SUPERINTENDENT  SHALL  REVIEW  ALL
 REPORTS  AND  DOCUMENTS FILED BY THE MORTGAGE BANKER PURSUANT TO SECTION
 FIVE HUNDRED NINETY-SEVEN OF THIS CHAPTER. IN ADDITION, THE  SUPERINTEN-
 DENT  SHALL CONSIDER THE FOLLOWING FACTORS IN ASSESSING A MORTGAGE BANK-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09503-03-1

 S. 5246--A                          2
 
 ER'S RECORD OF  PERFORMANCE,  AND  INCLUDE  IN  ITS  WRITTEN  ASSESSMENT
 REQUIRED  BY  THIS  SECTION  THE  RECORD OF PERFORMANCE OF SUCH MORTGAGE
 BANKER AS TO EACH OF THE FOLLOWING FACTORS:
   (A)  ACTIVITIES  CONDUCTED  BY THE MORTGAGE BANKER TO ASCERTAIN CREDIT
 NEEDS OF ITS COMMUNITY, INCLUDING THE EXTENT OF  THE  MORTGAGE  BANKER'S
 EFFORTS  TO  COMMUNICATE  WITH  MEMBERS  OF  ITS COMMUNITY REGARDING THE
 SERVICES BEING PROVIDED BY THE MORTGAGE BANKER;
   (B) THE EXTENT OF THE MORTGAGE BANKER'S MARKETING AND SPECIAL PROGRAMS
 TO MAKE MEMBERS OF THE COMMUNITY AWARE OF THE SERVICES  OFFERED  BY  THE
 MORTGAGE BANKER;
   (C)  THE  EXTENT  OF  THE MORTGAGE BANKER'S PARTICIPATION IN COMMUNITY
 OUTREACH,  COMMUNITY  DEVELOPMENT  OR  REDEVELOPMENT,  AND   EDUCATIONAL
 PROGRAMS;
   (D)  THE  EXTENT  OF  PARTICIPATION  BY THE MORTGAGE BANKER'S BOARD OF
 DIRECTORS, ADVISORY COMMITTEE, MANAGING MEMBERS OR EXECUTIVE  MANAGEMENT
 OR EQUIVALENT BODY OR PERSON, IN FORMULATING THE MORTGAGE BANKER'S POLI-
 CIES  AND REVIEWING ITS PERFORMANCE WITH RESPECT TO THE PURPOSES OF THIS
 SECTION;
   (E) ANY PRACTICES INTENDED TO  DISCOURAGE  APPLICATION  FOR  TYPES  OF
 CREDIT OFFERED BY THE MORTGAGE BANKER;
   (F) THE GEOGRAPHIC DISTRIBUTION OF THE MORTGAGE BANKER'S CREDIT EXTEN-
 SIONS, CREDIT APPLICATIONS, AND CREDIT DENIALS;
   (G)  EVIDENCE  OF  PROHIBITED  DISCRIMINATORY  OR OTHER ILLEGAL CREDIT
 PRACTICES;
   (H) THE MORTGAGE BANKER'S RECORD OF OPENING AND  CLOSING  OFFICES  AND
 PROVIDING SERVICES AT OFFICES;
   (I)  THE  MORTGAGE  BANKER'S  PARTICIPATION IN GOVERNMENTALLY-INSURED,
 GUARANTEED OR SUBSIDIZED LOAN PROGRAMS FOR HOUSING;
   (J) THE MORTGAGE BANKER'S ABILITY TO  MEET  VARIOUS  COMMUNITY  CREDIT
 NEEDS  BASED  ON ITS FINANCIAL CONDITION, SIZE, LEGAL IMPEDIMENTS, LOCAL
 ECONOMIC CONDITION AND OTHER FACTORS; AND
   (K) OTHER FACTORS THAT, IN THE JUDGMENT OF THE SUPERINTENDENT, REASON-
 ABLY BEAR UPON THE EXTENT TO WHICH A MORTGAGE BANKER IS HELPING TO  MEET
 THE CREDIT NEEDS OF ITS ENTIRE COMMUNITY.
   2.  IN ASSESSING THE RECORD OF PERFORMANCE OF A MORTGAGE BANKER PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION,  THE  SUPER-
 INTENDENT  MAY, WHERE HE OR SHE DEEMS IT APPROPRIATE, PROVIDE FOR PUBLIC
 HEARINGS WHEN AN OBJECTION  TO  THE  MORTGAGE  BANKER'S  APPLICATION  OR
 NOTICE HAS BEEN SUBMITTED.
   3.  AN  ASSESSMENT  OF A MORTGAGE BANKER'S RECORD OF PERFORMANCE UNDER
 SUBDIVISION ONE OF THIS SECTION MAY BE THE BASIS FOR DENYING AN APPLICA-
 TION UNDER THE PROVISIONS OF THIS SECTION.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OTHER LAW TO
 THE CONTRARY, THE TERM MORTGAGE BANKER WHEN USED IN THIS  SECTION  SHALL
 MEAN  AND  INCLUDE  MORTGAGE  BANKERS  LICENSED PURSUANT TO SECTION FIVE
 HUNDRED NINETY-ONE OF THIS CHAPTER THAT ORIGINATE A  MINIMUM  NUMBER  OF
 LOANS  ANNUALLY,  SUCH NUMBER TO BE SET BY REGULATION PROMULGATED BY THE
 SUPERINTENDENT.
   5. THE SUPERINTENDENT IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE
 RULES AND REGULATIONS  EFFECTUATING  THE  PROVISIONS  OF  THIS  SECTION,
 INCLUDING  ANY  RULES  AND  REGULATIONS PROVIDING THAT THE ASSESSMENT OF
 MORTGAGE BANKERS SHALL BE MADE ON A GRADUATED NUMERICAL BASIS.
   6. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION  OR  PART  OF  THIS
 SECTION  OR THE APPLICATION THEREOF TO ANY PERSON, FIRM, OR CORPORATION,
 OR CIRCUMSTANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION
 TO BE INVALID OR  UNCONSTITUTIONAL,  SUCH  JUDGMENT  SHALL  NOT  AFFECT,

 S. 5246--A                          3
 
 IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED (I) IN
 ITS  OPERATION  TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, OR PART
 OF THIS SECTION OR (II) IN ITS APPLICATION TO THE PERSON, FIRM OR CORPO-
 RATION,  OR  CIRCUMSTANCE, DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH
 SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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