{"id":140548,"date":"2023-07-25T13:16:27","date_gmt":"2023-07-25T17:16:27","guid":{"rendered":"https:\/\/ncrc.org\/?p=140548"},"modified":"2023-07-27T12:55:09","modified_gmt":"2023-07-27T16:55:09","slug":"ncrc-and-over-150-organizations-unite-in-support-of-section-1071-of-dodd-frank-rejecting-congressional-repeal-efforts","status":"publish","type":"post","link":"https:\/\/ncrc.org\/ncrc-and-over-150-organizations-unite-in-support-of-section-1071-of-dodd-frank-rejecting-congressional-repeal-efforts\/","title":{"rendered":"NCRC and Over 150 Organizations Unite in Support of Section 1071 of Dodd-Frank, Rejecting Congressional Repeal Efforts"},"content":{"rendered":"

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July 25, 2023<\/p>\n

The Honorable Patrick McHenry
\nChairman
\nHouse Financial Services Committee
\n2134 Rayburn House Office Building
\nWashington, DC 20515<\/p>\n

The Honorable Sherrod Brown
\nChairman
\nSenate Banking Committee
\n503 Hart Senate Office Building
\nWashington, DC 20510<\/p>\n

The Honorable Maxine Waters
\nRanking Member
\nHouse Financial Services Committee
\n2221 Rayburn House Office Building
\nWashington, DC 20515<\/p>\n

The Honorable Tim Scott
\nRanking Member
\nSenate Banking Committee
\n104 Hart Senate Office Building
\nWashington, DC 20510<\/p>\n

RE: Support for the CFPB\u2019s Final Rule Related to Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act<\/strong><\/h3>\n

Dear Chair McHenry, Ranking Member Waters, Chair Brown, Ranking Member Scott,<\/p>\n

The National Community Reinvestment Coalition (NCRC) and the\u00a0undersigned organizations are writing to convey our support for the final rule issued by the Consumer Financial Protection Bureau (CFPB) regarding Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.\u00a0In addition, NCRC and the undersigned organizations oppose H.J. Res. 66 and S.J. Res. 32, which would repeal this critical rule designed to bring much-needed transparency to small business lending.<\/p>\n

The implementation of the final rule recently announced by the CFPB will have widespread benefits. By increasing transparency of pricing, terms and conditions, and action taken on applications, 1071 data is likely to curb excessive pricing, reduce abusive terms, and increase access to credit for traditionally underserved small businesses. Lenders will also realize benefits in terms of improved ability to gauge their competitive position in the market and opportunities for them to identify untapped market segments and serve new customers. Furthermore, the estimated compliance costs are minimal when compared to the net income lenders generate from originating small business loans.<\/p>\n

The final rule covers banks, credit unions, online lenders, farm credit system lenders, government lenders, and nonprofits, as well as a wide range of lending products, including agricultural credit. It is likely to result in increased lending to underserved businesses, including farms, as lenders will now annually report on their lending broken down by race, ethnicity, gender and sexual orientation of the business owners. Improvements to Home Mortgage Disclosure Act (HMDA) data in 1990 and 1993 corresponded with a 70% increase in conventional home purchase lending to Black borrowers, and a 48% increase in lending to Latinx borrowers, from 1993 to 1995.[1]<\/a>\u00a0Furthermore, a study by Citigroup estimates that fair access to lending for Black-owned small businesses alone would have resulted in $650 billion in additional business revenue per year, as well as created an additional 6.1 million jobs per year.[2]<\/a>\u00a0This shows how increases in lending to underserved small businesses benefit the entire economy by enabling small businesses to expand and create additional job opportunities.<\/p>\n

The statutory purpose of Section 1071 is to facilitate enforcement of fair lending laws and enable communities, governmental entities, and creditors to identify business needs and community development opportunities. There is ample evidence of ongoing discrimination in small business lending. NCRC studies have found that White applicants were given significantly better information about business loan products, particularly information regarding loan fees and during the Paycheck Protection Program.[3]<\/a>\u00a0Studies conducted by the Federal Reserve have found that Black-owned businesses are less likely to be approved for financing compared with White-owned firms.[4]<\/a><\/p>\n

The Minority Business Development Agency found that businesses owned by people of color received lower loan amounts than White-owned firms, even after controlling for the sales level of firms.[5]<\/a>\u00a0There have been numerous lawsuits regarding discrimination against farmers of color, and the number of black farmers has decreased by 95% from 1910 to 2017.[6]<\/sup><\/a>\u00a0In 1910, Black farmers accounted for 14% of all farmers, in 2017 this was down to just 1.3%. Apparent discrimination in small business lending is not limited to race. One study found that while LGBTQI+ businesses were equally likely to apply for financing, they were less likely to receive it. The same report also noted that LGBTQI+ owned businesses were more likely than non-LGBTQI+ businesses to report their denial was due to lenders not approving financing for \u201cbusinesses like theirs\u201d (33 percent versus 24 percent).[7]<\/a><\/p>\n

Besides the critical goal of rooting out discrimination in small business lending, implementation of 1071 will greatly increase understanding of the small business landscape with significant benefits for lenders, government agencies, and researchers.\u00a0Lenders will now have a great data set that will allow them to assess demand and how small business needs are being served locally, including identifying untapped markets, which will greatly enhance their ability to make sound business decisions as it relates to expansion plans and development of products. This data will also allow lenders to make comparisons to other lenders in their markets, which will aid in measuring compliance risk and correcting potential issues that could come up in fair lending reviews. Besides costs, which this letter will cover how estimated costs are minimal, only lenders with potential fair lending compliance issues should be concerned about improvements to small business lending data, and protecting discriminatory lending practices is an unacceptable policy position favored by no one.<\/p>\n

Government agencies will be able to use 1071 data to identify additional opportunities to create new, or tailor existing, programs to advance their small business lending policy objectives. For example, government agencies often create programs that specifically target businesses owned by people of color and women, such as those that reserve government contracts, or provide grants. Government agencies could use 1071 data to improve existing programs or create new ones to meet the needs of these business owners.<\/p>\n

For researchers, 1071 data will be similar to HMDA data that is regularly used in academic studies on the mortgage industry. This data will greatly expand the ability of academic research to interpret the landscape of small business lending, which will also benefit lenders and government agencies.<\/p>\n

Costs associated with compliance are minimal when factoring in the income lenders generate from originations. The CFPB employed data analysis and surveys of lenders to develop estimates of one-time start-up costs, annual fixed costs, and variable costs determined by the number of applications received. The CFPB grouped depository institutions into three categories based on the number of covered small business loans they originated, and came up with estimates of net income that each category of depository lender generates from originating small business loans.[8]<\/a>\u00a0As the charts below show, using costs calculated by the CFPB and minimum estimates of net income from originations, one time and ongoing costs of compliance from deposit taking lenders range from just .1% to .9% of annual net income from originations of small business loans alone.[9]<\/a>After the\u00a0one time\u00a0costs, estimated ongoing costs drop to just .06% to .4% of annual net income these institutions receive from just originating small business loans.<\/p>\n

One Time Costs<\/strong><\/h3>\n
\"Table<\/div>\n

<\/h3>\n

Ongoing Costs<\/strong><\/h3>\n

\"02<\/p>\n

Combined One Time and Ongoing Costs<\/strong><\/h3>\n

\"03-<\/p>\n

There is less information currently available for non-depository lenders, such as online lenders, so the Bureau was unable to provide specific estimates of ongoing costs and net income from originations for these lenders. However, the Bureau was able to estimate the\u00a0one time\u00a0costs for non-depositories, and determined that online lenders and merchant cash advance providers are similar to Type C depository institutions, and the rest of the non-depositories are similar to Type B.[10]<\/sup><\/a>\u00a0When applying the estimated\u00a0one time\u00a0costs for non-depositories, and the estimates of ongoing costs and minimum estimates of net income of Type B and C depository institutions, you can see that costs to non-depositories are also expected to be minimal. The charts below show that the combined one time and ongoing costs range from just .2% to 1.4% of estimated annual net income from only originating small business loans. After the\u00a0one time\u00a0costs, which are estimated to be higher for non-depositories since many of them have not previously had to do this type of reporting, the ongoing costs drop to just .1% to .4% of estimated annual net income from originating small business loans.<\/p>\n

One Time Costs<\/strong><\/h3>\n

\"04<\/p>\n

Ongoing Costs<\/strong><\/h3>\n

\"05-<\/p>\n

Combined One Time and Ongoing Costs<\/strong><\/h3>\n

\"06-<\/p>\n

Costs to borrowers will also be minor. The CFPB defined a set of costs per application as variable costs and noted that these costs will likely be passed on to applicants. However, the CFPB estimates these costs to be minimal as well, ranging from just $7.50 to $32 in expected additional closing costs.[11]<\/a><\/p>\n

Finally, the implementation of Section 1071 is unlikely to reduce small business lending or discourage lenders from establishing relationships with businesses that present sound lending opportunities. The tendency of smaller banks to voluntarily report small business and small farm data suggests that data disclosure helps rather than hinders them as they assess marketplace opportunities and comply with the Community Reinvestment Act (CRA). In 2018, 157 or 22% of the 700 institutions reporting CRA small business loan data were smaller banks voluntarily reporting the data.[12]<\/a>\u00a0HMDA data was also enhanced in 2004 to require reporting of price information along with additional data points such as lien status. In 2004, 8,121 lenders reported HMDA data and by 2007 the number of reporters increased by 765 to 8,886. Over time, therefore, the number of HMDA reporters grew, which is inconsistent with the argument that data reporting and\/or additional reporting requirements causes a decrease of lending or lenders.<\/p>\n

Thanks again for considering our views regarding the CFPB\u2019s final 1071 rule and our opposition to H.J Res. 66 and S.J. Res. 32. Implementation of Section 1071 is a great opportunity to reduce ongoing disparities in access to small business credit. Addressing these disparities will make urban and rural economies more vibrant, and bring substantial benefits to all stakeholders, including lenders. If you have any questions, please reach out to Rion Dennis, Senior Director, Government Affairs (rdennis@ncrc.org<\/a>), Joseph Reed, Senior Policy Advocate (jreed@ncrc.org<\/a>), or Kevin Hill, Senior Policy Advisor (khill@ncrc.org<\/a>).<\/p>\n

Sincerely,
\nNational Community Reinvestment Coalition<\/strong><\/p>\n

20\/20 Vision
\nAccess Plus Capital
\nAccountable.US
\nAfrican American Alliance of CDFI CEOs
\nAlliance 85, Inc.
\nAmerican Economic Liberties Project
\nAmericans for Financial Reform
\nAnacostia Economic Development Corporation
\nANHD – The Association for Neighborhood & Housing Development
\nAvenue CDC
\nBBIF, Inc.
\nBiirmingham\u00a0Business Resource Center
\nBridgeport Neighborhood Trust
\nBrotherhood and Sisterhood International
\nBuilding Alabama Reinvestment
\nCAARMA
\nCalifornia Capital Financial Development Corporation
\nCalifornia Community Economic Development Association
\nCAMEO – California Association for Micro Enterprise Opportunity
\nCamino Financial, Inc.
\nCASA of Oregon
\nCash Community Development Organization
\nCatapult Pittsburgh
\nCatholic charities\u00a0usa
\nCDC Small Business Finance
\nCeiba
\nCenter for Responsible Lending
\nCentre for Homeownership & Economic Development Corporation
\nCentro Cultural
\nChicago Community Loan Fund
\nCHWC Inc.
\nCity of Gary, IN
\nCity of Tampa
\nCLARIFI
\nCoalition for\u00a0Non Profit\u00a0Housing and Economic Development
\nCoastal Enterprises, Inc.
\nCommunity Enterprise Investments, Inc.
\nCommunity Growth Fund
\nCommunity Housing Development Corporation
\nCommunity Link
\nCommunity Reinvestment Alliance of South Florida
\nConsumer Action
\nConsumer Federation of America
\nDelaware Community Reinvestment Action Council, Inc.
\nDemand Progress
\nDivine Direction
\nEconomic Action Maryland
\nEconomic Growth Corporation
\nEmpire Justice Center
\nExploreUSTV\u00a0and Travel
\nFair Finance Watch
\nFair Housing Center of Metropolitan Detroit
\nFair Housing Center of Southwest Michigan
\nFamicos\u00a0Foundation
\nFamily Resources of New Orleans
\nFHCNA
\nFirst Community Capital
\nFrayser\u00a0Community Development Corporation
\nGen-Wealth Empowerment
\nGeorgia Advancing Communities Together, Inc.
\nGreater Cincinnati Microenterprise Initiative
\nHabitat For Humanity of Michigan
\nHawai\u2018i Alliance for Community-Based Economic Development
\nHEAL Food Alliance
\nHenderson and Company
\nHome Ownership Center of Greater Cincinnati
\nHomes on the Hill, CDC
\nHousing and Education Alliance, Inc. (HEA)
\nHousing Education and Economic Development
\nHousing Justice Center
\nHousing Options & Planning Enterprises, Inc.
\nHousingWorks\u00a0RI
\nI Give Back USA
\nIGNITE! Alabama
\nInterfaith Center on Corporate Responsibility
\nJewish Community Action
\nJOVIS
\nLatino Economic Development Center
\nLatino Leadership Council
\nLatino Policy Council
\nLegacy Foundation
\nLegal Aid Society of San Diego
\nLINC UP Nonprofit Housing Corporation
\nLocal First Arizona
\nLocal Initiatives Support Corporation (LISC)
\nLogan Heights Community Development Corporation
\nMain Street Alliance
\nMassachusetts Action for Justice
\nMassachusetts Affordable Housing Alliance
\nMemorial CDC
\nMetro Milwaukee Fair Housing Council
\nMetro North Community Development Corporation
\nMetropolitan Milwaukee Fair Housing Council
\nMetropolitan St. Louis Equal Housing and Opportunity Council
\nMS Communities United for Prosperity (MCUP)
\nMY Project USA
\nNational Association for Latino Community Asset Builders
\nNational Association of American Veterans, Inc.
\nNational Coalition for Asian Pacific American Community Development (National CAPACD)
\nNational NeighborWorks Association
\nNational Urban League
\nNative Community Capital
\nNCRC CDF
\nNeighborhood Improvement Association
\nNeighborWorks Southern Colorado
\nNew Future Foundation
\nNew Hope Community Development
\nNew Jersey Citizen Action
\nNew Jersey Institute for Social Justice
\nNew Mexico Community Capital
\nNew York\u00a0StateWide\u00a0Senior Action Council
\nNichols Temple AME Ministries
\nNorth Carolina Housing Coalition, Inc.
\nNorthwest Indiana Reinvestment Alliance
\nOlive Hill Community Economic Development Corporation, Inc
\nOpportunity Finance Network
\nOver-the-Rhine Community Housing
\nPhiladelphia Association of Community Development Corporations
\nPima County Community Land Trust
\nPittsburgh Community Reinvestment Group
\nProsperity Indiana
\nPublic Citizen
\nPublic Good Law Center
\nREBOUND, Inc.
\nReinvestment Partners
\nResponsible Business Lending Coalition
\nRevolving Door Project
\nRise Economy
\nRiver Cities Development Services
\nRiver City Housing, Inc.
\nRoosevelt Southwest Community Development Corporation
\nSan Joaquin Valley Housing Collaborative
\nSaverLife
\nSelf-Help Enterprises
\nSLEHCRA
\nSmall Business Majority
\nSouth Dallas Fair Park\u00a0Innercity\u00a0Community Development Corporation
\nSouth Florida Community Development Coalition
\nSouthern Dallas Progress Community Development Corporation
\nSouthwest CDC
\nSouthwest Economic Solutions
\nSouthwest Georgia United
\nSouthwest Neighborhood Housing Services
\nThe Food Trust
\nThe Greenlining Institute
\nThe National Council of Asian Pacific Americans (NCAPA)
\nThe Sacramento Environmental Justice Coalition
\nTierra del Sol Housing Corporation
\nTown of Apex
\nUbuntu Institute of Learning
\nUIC Law School
\nUniversal Housing Solutions CDC
\nUrban Economic Development Association of Wisconsin (UEDA)
\nUrban Land Conservancy
\nUtah Housing Coalition
\nVermont Slauson LDC
\nWashington Area Community Investment Fund
\nWelfare Reform Liaison Project, Inc.
\nWisconsin Black Chamber of Commerce, Inc.
\nWith Action
\nWoodstock Institute
\nWorking In Neighborhoods
\nWorking Solutions CDFI<\/p>\n

cc: Members of the House Financial Services Committee
\ncc: Members of Senate Banking Committee
\ncc: White House Legislative Office<\/p>\n

\n

[1]<\/a>\u00a0\u201cHome Loans to Minorities and Low- and Moderate-Income Borrowers Increase in the 1990s, but then Fall in 2001: A Review of National Data Trends from 1993 to 2001.\u201d NCRC. Available upon request.<\/p>\n

[2]<\/a>\u00a0\u201cClosing the Racial Inequality Gaps: The Economic Cost of Black Inequality in the U.S.\u201d Citigroup. Available online at\u00a0<\/a>https:\/\/ir.citi.com\/NvIUklHPilz14Hwd3oxqZBLMn1_XPqo5FrxsZD0x6hhil84ZxaxEuJUWmak51UHvYk75VKeHCMI%3D<\/a><\/p>\n

[3]<\/a>\u00a0Disinvestment, Discouragement, and Inequity in Small Business Lending<\/a>\u00a0<\/u>and\u00a0Lending Discrimination with the Paycheck Protection Program<\/a>.<\/p>\n

[4]<\/a>\u00a0Mind the Gap: Minority-Owned Small Businesses\u2019 Financing Experiences in 2018<\/a>.<\/p>\n

[5]<\/a>\u00a0Disparities in Capital Access between Minority and Non-Minority-Owned Businesses<\/a>.<\/p>\n

[6]<\/sup><\/a>\u00a0Section 1071 Final Rule<\/a>\u00a0\u00a0Page 167.<\/p>\n

[7]<\/a>\u00a0LGBTQ-Owned Small Businesses in 2021<\/a>. Center for LGBTQ Economic Advancement & Research (CLEAR) and the Movement Advancement Project (MAP)<\/p>\n

[8]<\/a>\u00a0Section 1071 Final Rule<\/a>. Page 731.\u00a0Type A depository institutions were defined as those that made fewer than 150 covered originations per year. We used 100 loans as the minimum for this category since that is the final loan threshold established by the CFPB.<\/p>\n

[9]<\/a>\u00a0Net income per origination estimates can be found in the\u00a0Section 1071 Final Rule<\/a>, Page 762.<\/p>\n

[10]<\/sup><\/a>\u00a0Section 1071 Final Rule<\/a>\u00a0Pages 744 and 752.<\/p>\n

[11]<\/a>\u00a0Section 1071 Final Rule<\/a>, Page 766.<\/p>\n

[12]<\/a>\u00a0NCRC analysis of 2018 CRA small business data found via\u00a0<\/a>https:\/\/www.ffiec.gov\/hmcrpr\/cra_fs19.htm<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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