Are we required to display a sign stating “ANY INQUIRERS HAVE THE RIGHT TO FILL OUT AN APPLICATION AND TO RECEIVE A COPY OF THE INSTITUTIONS UNDERWRITING STANDARDS”?

The regulations for federal savings associations require your institution to “inform each inquirer of his or her right to file a written loan application, and to receive a copy of the association’s underwriting standards.” However, we do not believe this information needs to be displayed on a sign at your institution.

Back in 1979, the Federal Home Loan Bank Board (which became the Office of Thrift Supervision in 1989 and subsequently was folded into the OCC in 2011) opined that California’s version of its fair lending poster “could be improved by addition of, for example, a notice of rights to file a written loan application and to obtain a copy of the institution’s underwriting standards.” 1979 WL 197230, January 16, 1979.  However, we are unaware of any requirement to place this information on a poster. The long-standing (and still current) rule on point only requires your institution to provide this information to a person who inquires about the availability of a loan or other service.

For resources related to our guidance, please see:

“Nondiscrimination in applications.

(a) No savings association may discourage, or refuse to allow, receive, or consider, any application, request, or inquiry regarding a loan or other service, or discriminate in imposing conditions upon, or in processing, any such application, request, or inquiry on the basis of the age or location of the dwelling, or on the basis of the race, color, religion, sex, handicap, familial status (having one or more children under the age of 18), marital status, age (provided the person has the capacity to contract), national origin, or other characteristics prohibited from consideration in § 128.2(c) of this part, of the prospective borrower or other person, who:

  1. Makes application for any such loan or other service;
  2. Requests forms or papers to be used to make application for any such loan or other service; or
  3. Inquires about the availability of such loan or other service.

(b) A savings association shall inform each inquirer of his or her right to file a written loan application, and to receive a copy of the association’s underwriting standards.”