Seven Agencies Rescind 2022 Interagency Statement on Special Purpose Credit Programs

The Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, Consumer Financial Protection Bureau, Department of Housing and Urban Development, Department of Justice and Federal Housing Finance Agency issued a notice rescinding the Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulation B, dated February 22 2022. The rescission is effective August 25 2026 and is filed under Docket No. FR-6606-N-01.

The agencies state that the Interagency Statement referenced a provision of Regulation B that was amended in April 2026 and relied on HUD guidance that is no longer in effect. Because the earlier guidance cannot be reconciled with the statutory text of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)) and the Fair Housing Act (42 U.S.C. 3605), the agencies determined that creditors must not rely on the statement to implement discriminatory credit programs.

The notice also records that HUD withdrew its "FHEO Statement on the Fair Housing Act and Special Purpose Credit Programs" (December 7 2021) on September 17 2025, and its "Office of General Counsel Guidance on the Fair Housing Act's Treatment of Certain Special Purpose Credit Programs" (December 6 2021) on September 25 2025. The CFPB withdrew its Advisory Opinion "Equal Credit Opportunity (Regulation B); Special Purpose Credit Programs" (December 21 2020) on June 17 2026.

The rescission aligns with Executive Orders 14192, 14219, 14151, 14173 and 14281, which call for agencies to review sub-regulatory guidance and uphold nondiscrimination principles. All special purpose credit programs must now comply strictly with ECOA, Regulation B and the Fair Housing Act, without reliance on the former Interagency Statement.