New York Codes, Rules and Regulations
Title 3 - BANKING
Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT
Part 76 - Compliance With Community Reinvestment Act Requirements
Section 76.6 - Assessment area delineation

Universal Citation: 3 NY Comp Codes Rules and Regs ยง 76.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In general. A banking institution shall delineate one or more assessment areas within which the Banking Department evaluates the banking institution's record of helping to meet the credit needs of its community. The Banking Department does not evaluate the banking institution's delineation of its assessment area(s) as a separate performance criterion, but the Banking Department reviews the delineation for compliance with the requirements of this section.

(b) Geographic area(s) for wholesale or limited purpose banking institutions. The assessment area(s) for wholesale or limited purpose banking institutions must consist generally of one or more MSAs or metropolitan divisions (using the MSA or metropolitan division boundaries that were in effect as of January 1st of the calendar year in which the delineation is made) or one or more contiguous political subdivisions, such as counties, cities, or towns, in which the bank has its main office, branches, and deposit-taking ATMs.

(c) Geographic area(s) for other banking institutions. The assessment area(s) for a banking institution other than a wholesale or limited purpose banking institution must:

(1) consist generally of one or more MSAs or metropolitan divisions (using the MSA or metropolitan division boundaries that were in effect as of January 1st of the calendar year in which the delineation is made) or one or more contiguous political subdivisions, such as counties, cities, or towns; and

(2) include the geographies in which the banking institution has its main office, its branches, and its deposit-taking ATMs, as well as the surrounding geographies in which the banking institution has originated or purchased a substantial portion of its loans (including home mortgage loans, small business and small farm loans, and any other loans the banking institution chooses, such as those consumer loans on which the banking institution elects to have its performance assessed).

(d) Adjustments to geographic area(s). A banking institution may adjust the boundaries of its assessment area(s) to include only the portion of a political subdivision that it reasonably can be expected to serve. An adjustment is particularly appropriate in the case of an assessment area that otherwise would be extremely large, of unusual configuration, or divided by significant geographic barriers.

(e) Limitations on the delineation of an assessment area. Each banking institution's assessment area(s):

(1) must consist only of whole geographies;

(2) may not reflect illegal discrimination;

(3) may not arbitrarily exclude low- or moderate-income geographies, taking into account the banking institution's size and financial condition; and

(4) must delineate separate assessment areas for the areas served by the banking institution in each state in those instances in which a banking institution serves a geographic area that extends substantially beyond a state boundary.

(f) Use of assessment area(s). The Department uses the assessment area(s) delineated by a banking institution in its evaluation of the banking institution's CRA performance unless the Department determines that the assessment area(s) do not comply with the requirements of this section.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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