OCC and FDIC to Propose New CRA Rules 

July 28, 2026

According to recent reporting, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corp (FDIC) are preparing a Community Reinvestment Act (CRA) proposal without the Federal Reserve. 

  • The CRA is a 1977 anti-redlining law requiring regulators to grade banks on their lending and investment in the low- and moderate-income communities they serve, with poor grades jeopardizing mergers and branch expansion.

While the proposal is expected to be released in coming weeks, it had not yet reached the Office of Information and Regulatory Affairs (OIRA) for review by administration as of last Wednesday.

  • The agencies are expected to raise the threshold for banks required to meet CRA requirements and to publish a list of qualifying activities, including affordable housing development and small business lending, that may reach beyond current criteria.

Background: In late 2023, the Biden administration overhauled the rules implementing the 1977 CRA Act, the biggest update since the 1990s. Given the growth in online banking, the revised rules modernized the CRA by evaluating banks in areas in which they do significant mortgage and small-business lending and not just where they have branches.

  • After banking groups challenged the new regulations, a federal judge blocked the rule in 2024. 
  • Last summer, all three banking regulators said they would rescind the new rules and revert to the 1995 framework.
  • However, the FDIC and OCC have decided instead to develop a new rule of their own. 

Yes, but: While Fed Chair Kevin Warsh has not weighed in publicly on the CRA, during a recent Senate banking hearing he said that he wants to issue regulations jointly with other regulators where possible:

What I don't think we want is any kind of regulatory arbitrage, where firms are trying to game who's got the lightest regulation and race there. I don't think there's anything wrong with us working together with other bank regulators to try to figure out what's the best policy.
  • The Fed still intends to follow through on finalizing a clean repeal of the 2023 CRA rule, according to the people familiar with the matter. 
  • As reported by Politico, the potential lack of unity among regulators has drawn concern “that competing approaches could leave different institutions subject to different standards, according to industry officials.” 

CREFC will closely monitor developments and review any forthcoming proposal against both the Biden-era rules and our 2022 comment letter

We put forth several advocacy points, including:

  • Urging the agencies to publish a clear, illustrative list of qualifying activities; and
  • Ensuring that MBS purchases backed by loans to low- and moderate-income borrowers or loans that finance subsidized and affordable housing continue to be awarded CRA credit.

Contact Sairah Burki (sburki@crefc.org) with questions.

Contact  

Sairah Burki
Managing Director,
Head of Regulatory Affairs
703.201.4294
sburki@crefc.org
The information provided herein is general in nature and for educational purposes only. CRE Finance Council makes no representations as to the accuracy, completeness, timeliness, validity, usefulness, or suitability of the information provided. The information should not be relied upon or interpreted as legal, financial, tax, accounting, investment, commercial or other advice, and CRE Finance Council disclaims all liability for any such reliance. © 2026 CRE Finance Council. All rights reserved.

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