I have two primary questions for lobby signage. For some background, the bank has two branches that take deposits, but do not make loans in any way, shape, or form. The bank is also a HMDA reporter with some branches located in an MSA and others in Non-MSA.

1) Is the Fair Housing Poster required to be posted at these branches?

The Fair Housing Poster is required to be displayed in a central location where deposits are received OR home loans are made. While neither make home loans, both take deposits. Based on the wording, I feel like the Fair Housing Poster is required wherever deposits are received even if loans are not made at that location. Obviously, the poster would undoubtedly be required for LPOs that only make loans and do not receive deposits of any kind. Am I reading too much into this?

2) Is the HMDA Notice required to be posted at these branches?

Assuming that these branches are located in an MSA, I feel that the HMDA Notice would be required at these branches. The regulation pretty much says that the notice is required at any branch located in an MSA/MD so I don't think it matters if a particular branch has lending activities or not. Am I off base?


*In this post, home loans refers to loans for the purposes of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling.

1. Pretty clear to me:

§ 338.4 Fair housing poster.
(a) Each FDIC-supervised institution engaged in extending loans for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling shall conspicuously display either the Equal Housing Lender poster set forth in paragraph (b) of this section or the Equal Housing Opportunity poster prescribed by 24 CFR 110.25(a) of the United States Department of Housing and Urban Development's regulations, in a central location within the FDIC-supervised institution where deposits are received or where such loans are made, in a manner clearly visible to the general public entering the area, where the poster is displayed.

2. Not much grey area here either:

(e) Posted notice of availability of data. A financial institution shall post a general notice about the availability of its HMDA data in the lobby of its home office and of each branch office physically located in each MSA and each MD. This notice must clearly convey that the institution's HMDA data is available on the Bureau's Web site at www.consumerfinance.gov/hmda.

1003.2(c) Branch office means:

(1) Any office of a bank, savings association, or credit union that is considered a branch by the Federal or State supervisory agency applicable to that institution, excluding automated teller machines and other free-standing electronic terminals

Thanks for your response!

I feel like I understand the regulation and that the requirements are pretty clear, but then someone who has been in banking for much longer than me contradicts my interpretation with such confidence that I begin to question myself.

I really need to start asking them where the exception they are referring to is outlined in the regulation, because if they can't point me to a cite or at the very least some guidance, then I'm gonna take it with a grain of salt.