N.Y. Comp. Codes R. & Regs. tit. 3, § 120.8
(4) provided that not offering a particular type of community development service shall not, on its own, be a bar to achieving any rating on the service test.
(d) Performance criteria for qualified investments.
The Department evaluates qualified investment performance pursuant to criteria which may include the following:
(a) Scope of test.
The service test evaluates a mortgage banker’s record of helping to meet the credit needs of its assessment area(s) by analyzing both the availability and effectiveness of a mortgage banker’s systems for delivering mortgage loan products and the extent and innovativeness of a mortgage banker’s community development services, qualified investments, community outreach, marketing, and educational programs.
(b) Area(s) benefited.
Community development services and qualified investments must benefit a mortgage banker’s assessment area(s) or a broader area within New York State that includes the mortgage banker’s assessment area(s).
(c) Performance criteria for community development services.
The department evaluates community development services pursuant to criteria which may include the following: