February 28, 2024
James Wylie
Associate Director of Fair Lending
Federal Housing Finance Administration (FHFA)
Enice Thomas
Deputy Comptroller for Credit Risk Policy
Office of the Comptroller of the Currency (OCC)
JeanMarie Mattingly
Deputy Director
National Credit Union Administration (NCUA)
Elizabeth Davis
Housing Program Officer
Housing and Urban Development (HUD)
Luke Brown
Associate Director, Supervisory Policy Branch
Federal Deposit Insurance Corporation (FDIC)
Art Lindo
Deputy Director for Policy
Federal Reserve Board (FRB)
The Honorable Rohit Chopra
Director
Consumer Financial Protection Bureau (CFPB)
Dear Associate Director Wylie, Associate Director Brown, Deputy Director Lindo, Deputy
Comptroller Thomas, Deputy Director Mattingly, Director Chopra, and Program Officer
Davis:
The National Association of REALTORS® (NAR) thanks you for your commitment to
improving the appraisal process for all homebuyers. Credible and fair valuations are key
to sustainable financing and REALTORS® commend the Appraisal Subcommittee for
their ongoing efforts to eliminate discrimination in the valuation process. NAR has
actively advocated for solutions that will increase diversity, reduce bias and maintain the
public trust in the appraisal profession. Among those solutions are legal clarity from HUD
regarding claims of appraisal discrimination as well as transparency and accountability
in appraiser compensation.
Clarity to Build the Right Tools
As NAR previously wrote to HUD, section one of the PAVE Action Plan notes that, “the
appraisal industry lacks clarity around its antidiscrimination obligations under current
federal laws.” 1 The Action Plan indicates that the “CFPB, DOJ, VA, and HUD will issue
guidance on the Fair Housing Act’s and ECOA’s application to the appraisal industry.” We
continue to wait for the participating agencies to issue such guidance.
Moreover, we have seen no resolution of the appraisal bias cases under investigation by
HUD. The Federal Housing Finance Agency (FHFA) has documented appraisals in which
appraisers improperly noted observations of race and ethnicity for neighborhoods they
analyzed.2 These were referred to HUD by the FHFA. We understand there are numerous
other cases of alleged appraisal bias under investigation. However, HUD has not issued its
findings in any cases to date.
Our industry relies on legal guidance from HUD and the courts to build best practices and
create training and education. Contrary to assertions made during the ASC hearing on
February 13, 2024, NAR does not believe that court filings or guidance on lending
discrimination provide an adequate corollary for guidance in real property appraisal
practice. We lack such basic information as the elements of proof for credibly claiming
that appraisal bias has occurred. Without such guidance, industry efforts are stalled. To
this end, NAR requests that HUD, the CFPB, VA and other members of PAVE complete
their reviews of alleged discrimination in valuation with due haste and provide guidance
on both documented cases of discrimination as well as cases where discrimination was
not found.