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 76.7 - Performance tests and standards

(1) Lending, investment and service tests. The Banking Department applies the lending, investment and service tests, as provided in sections 76.8, 76.9 and 76.10 of this Part, in evaluating the performance of a banking institution, except as provided in paragraphs (2), (3) and (4) of this subdivision.

(2) Community development test for wholesale or limited purpose banking institutions. The Banking Department applies the community development test for a wholesale or limited purpose banking institution, as provided in section 76.11 of this Part, except as provided in paragraph (4) of this subdivision.

(3) Small banking institution performance standards. The Banking Department applies the small banking institution performance standards, as provided in section 76.12 of this Part, in evaluating the performance of a small banking institution or a banking institution that was a small banking institution during the prior calendar year, unless the banking institution elects to be assessed as provided in paragraph (1), (2) or (4) of this subdivision. The banking institution may elect to be assessed as provided in paragraph (1) of this subdivision only if it collects and reports the Federal CRA data required for other banking institutions which are assessed pursuant to paragraph (1) of this subdivision.

(4) Strategic plan. The Banking Department evaluates the performance of a banking institution under a strategic plan if the banking institution submits, and the Banking Department approves, a strategic plan as provided in section 76.13 of this Part.

(1) demographic data including housing data and any other relevant data pertaining to a banking institution's assessment area(s);

(2) the performance of all, including similarly situated, lenders in the banking institution's assessment area(s);

(3) lending, investment and service opportunities in the banking institution's assessment area(s);

(4) the banking institution's product offerings and business strategy;

(5) institutional capacity and constraints;

(6) the banking institution's past performance;

(7) the banking institution's public file as required to be maintained by Federal CRA regulations;

(8) the banking institution's market share in its assessment area;

(9) community input; and

(10) any other information deemed relevant by the Department.