1. (a) Area median income means:

   1. (1) the median family income for the metropolitan statistical area (MSA), as defined in subdivision (n) of this section, if a person or geography is located in an MSA, or for the metropolitan division as defined in subdivision (k) of this section, if a person or geography is located in an MSA that has been subdivided into metropolitan divisions; or
   2. (2) the statewide nonmetropolitan median family income, if a person or geography is located outside an MSA.
2. (b) Assessment area shall mean a geographic area delineated in accordance with section 120.5 of this Part.
3. (c) Branch shall mean a staffed facility approved as a branch office under section 591 of the Banking Law.

4. (d) Community development means:

   1. (1) mortgage products and other efforts to assist with affordable housing, including multifamily rental housing, for low- or moderate-income individuals;
   2. (2) mortgage products made as part of a special purpose credit program, as defined in subdivision (p) of this section;
   3. (3) community services targeted to low- or moderate-income individuals;

   4. (4) activities that revitalize or stabilize:

      1. (i) low- or moderate-income geographies;
      2. (ii) designated disaster areas; or

      3. (iii) distressed or underserved nonmetropolitan middle-income geographies designated by the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency, based on:

         1. (a) rates of poverty, unemployment, and population loss; or
         2. (b) population size, density, and dispersion. Activities revitalize and stabilize geographies designated based on population size, density, and dispersion if they help to meet essential community needs, including needs of low- and moderate-income individuals; or
   5. (5) activities that seek to prevent defaults and/or foreclosures on loans included in paragraph (1) of this subdivision.

5. (e) Community development service means a service that:

   1. (1) has as its primary purpose community development; and
   2. (2) is related to the provision of financial services.
6. (f) Community outreach means an activity that provides products and services to any populations, including but not limited to economically disadvantaged persons, who might not otherwise have access to those products and services or who use such products and services at lower rates relative to other populations.
7. (g) Geography means a census tract delineated by the United States Bureau of the Census in the most recent decennial census.
8. (h) HMDA means the Home Mortgage Disclosure Act and its implementing regulations.

9. (i) Income level includes:

   1. (1) Low-income, which means an income that is less than 50 percent of the area median income, in the case of an individual, or a median family income that is less than 50 percent of the area median income, in the case of a geography.
   2. (2) Moderate-income, which means an income that is at least 50 percent and less than 80 percent of the area median income, in the case of an individual, or a median family income that is at least 50 and less than 80 percent of the area median income, in the case of a geography.
   3. (3) Middle-income, which means an income that is at least 80 percent and less than 120 percent of the area median income, in the case of an individual, or a median family income that is at least 80 and less than 120 percent of the area median income, in the case of a geography.
   4. (4) Upper-income, which means an income that is 120 percent or more of the area median income, in the case of an individual, or a median family income that is 120 percent or more of the area median income, in the case of a geography.
10. (j) Loan location means the geographic location of the property to which a mortgage loan relates.
11. (k) Metropolitan division means a metropolitan division as defined by the Director of the Office of Management and Budget.
12. (l) Mortgage banker means a person or entity licensed pursuant to section 591 of the Banking Law to engage in the business of making mortgage loans in New York State.
13. (m) Mortgage loan has the same meaning as in section 590 of the Banking Law.
14. (n) MSA means a metropolitan statistical area as defined by the Director of the Office of Management and Budget.
15. (o) Qualified investment means a lawful investment, deposit, membership share, or grant that has as its primary purpose community development.
16. (p) Special purpose credit program means any credit program offered by a mortgage banker to meet special social needs which is in conformity with and explicitly authorized by the Equal Credit Opportunity Act (15 U.S.C. § 1691(c)) and Regulation B (12 C.F.R. § 1002.8).
17. (q) Superintendent means the Superintendent of Financial Services.

For purposes of this Part, the following definitions apply: