Affordable Senior Housing News 2026August7

Proposed Rule Rolls Back Community Reinvestment Act Obligations.

Of great concern to LeadingAge and others interested in expanding and preserving the nation’s supply of affordable housing, the Department of Treasury, Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) posted a joint rulemaking on July 31, 2026, amending the regulations implementing the Community Reinvestment Act (CRA) that could weaken investment in affordable housing and community development.

The CRA was enacted in 1977 and requires federal banking regulators to encourage financial institutions to help meet the credit needs of the communities in which they do business, including in low and moderate-income (LMI) neighborhoods. In particular, a financial institution’s record of meeting the credit needs of its entire community is taken into account by federal regulators when evaluating the financial institution’s application for a deposit facility. 

Among the changes that the rule proposes for evaluating whether a financial institution is meeting its CRA requirements are: restricting the large bank service test to a bank’s “credit services” – i.e., lending – rather than deposit services; imposing a 15% cap on indirect costs that recipients of community development grants at large banks may incur; recalibrating asset thresholds for small, immediate, and large banks; and tailoring retail lending tests to focus only on a bank’s major product line(s). In particular, the recalibration of asset thresholds would likely reduce the number of banks incentivized to make loans and investments in affordable housing and community development, such as investing in the Low Income Housing Tax Credit (LIHTC). 

LeadingAge is concerned that this rule would further limit opportunities for affordable housing for older adults, and we will continue to work with our housing partners to coordinate a response in opposing this rule. While this rule has yet to be published in the Federal Register, there will be a 60 day comment period from the date of publication.

LeadingAge Webinar on Tenant Compliance Must-Dos for Affordable Senior Housing, August 19, 2-3:15 p.m. ET.

Join the LeadingAge housing community for a webinar by compliance expert Jenny DeSilva, who will review unique rules and requirements for HUD-assisted senior housing communities. Participants will receive practical guidance to stay prepared for HUD oversight while supporting older adults as they age in community. Register here. 

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