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What the "Real Estate Valuation Fairness & Improvement Act of 2021" could mean for the future of Appraisals

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Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
  • Authorize a federal grant program to promote diversity and inclusion in the appraisal profession.
The only itemized thing they have on teh table for appraisals, the rest references UW and lending
 
SEC. 2. Findings.

The Congress finds the following:

(1) Two Federal agencies, the Federal Home Owners’ Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry.

(2) Both Federal agencies explicitly considered the racial and ethnic make up of neighborhoods when underwriting loans and valuing the real estate to be used as home loan collateral.

(3) Both agencies devalued property or refused to make loans secured by property in communities of color.


(4) The harmful consequences of this discrimination remain unresolved.

SEC. 4. Promoting diversity and inclusion in the appraisal profession.
The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended—

(1) in section 1103(a) (12 U.S.C. 3332(a))—
(A) in paragraph (3), by striking “and” at the end;

(B) in paragraph (4), by striking the period at the end and inserting a semicolon;

(C) in paragraph (5), by striking the period at the end and inserting a semicolon;

(D) in paragraph (6), by striking the period at the end and inserting “a semicolon; and”; and

(E) by adding at the end the following new paragraph:

“(7) administer the grant program under section 1122(j).”;

(2) in section 1106 (12 U.S.C. 3335)—
(A) by inserting “(a) In general.—” before “The Appraisal Subcommittee”;

(B) by striking the comma after “comment”;

(C) by inserting before “Any regulations” the following:

“(b) Regulations.—”; and

(D) in subsection (a) (as so designated by subparagraph (A) of this paragraph), by adding at the end the following: “The Appraisal Subcommittee may coordinate, and enter into agreements, with private industry stakeholders (including appraisal management companies and industry associations) to facilitate activities and practices that ensure diversity among individuals newly hired as appraisers in their first employment positions in the appraisal industry.”; and

(3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection:
“(j) Grant program To promote diversity and inclusion in the appraisal profession.—
“(1) IN GENERAL.—The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession.

“(2) ELIGIBLE ACTIVITIES.—Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include—
“(A) funding scholarships;

“(B) providing training and education;

“(C) providing implicit bias training for appraisers; and

“(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee.

“(3) ALLOCATION OF FUNDS.—In making grants under this subsection, the Appraisal Subcommittee shall—
“(A) allocate 50 percent of the funds made available to Historically Black Colleges and Universities or universities with degree programs approved by the Appraiser Qualifications Board or a relevant State regulatory agency for—
“(i) scholarships for students of color who want to pursue a career in real estate appraisal; and

“(ii) subsidizing living expenses for those students while in training; and

“(B) allocate 20 percent of the funds to cover the cost of fulfilling the experience requirements or other applicable requirements that the students described under subparagraph (A) will need to complete in order to become appraisers.


“(4) ADMINISTRATIVE COSTS.—The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection.

Your renewal fees are going to increase.
Good thing CRN went non-profit, and figured out how to use Go Fund Me.

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Like 10 years to figure out who will enforce C&R.

Feelz good to say it, but in reality doesn't mean anything, other than increasing the Federal budget.
 
(2) Both Federal agencies explicitly considered the racial and ethnic make up of neighborhoods when underwriting loans and valuing the real estate to be used as home loan collateral.
(3) Both agencies devalued property or refused to make loans secured by property in communities of color.


I don't remember seeing any demonstration of the above allegations. I don't remember seeing any mention of any aspect of their policies which would have encouraged, enabled or tolerated such misconduct, not any indications that they have engaged in such conduct.

I mean if the "proof" is limited to anecdotes then that isn't any different than me accusing congress members of being donkey-raping cousin-*******. If it's the feelz that count I can do express my anger whilst I do it. Talk is cheap.

In God We Trust. All others bring data.
 
Nothing like recent fee increases proves C & R is and was a joke from the get go.

I just realized the stickies are gone.

There used to be one for the interagencies, where violations of appraiser independence could be reported - you know - for "record keeping purposes".

I guess they don't need the records anymore.

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(2) Both Federal agencies explicitly considered the racial and ethnic make up of neighborhoods when underwriting loans and valuing the real estate to be used as home loan collateral.
(3) Both agencies devalued property or refused to make loans secured by property in communities of color.


I don't remember seeing any demonstration of the above allegations. I don't remember seeing any mention of any aspect of their policies which would have encouraged, enabled or tolerated such misconduct, not any indications that they have engaged in such conduct.

I mean if the "proof" is limited to anecdotes then that isn't any different than me accusing congress members of being donkey-raping cousin-*******. If it's the feelz that count I can do express my anger whilst I do it. Talk is cheap.

In God We Trust. All others bring data.

That's what they wrote in their new law.


1623105392359.png
 
(2) Both Federal agencies explicitly considered the racial and ethnic make up of neighborhoods when underwriting loans and valuing the real estate to be used as home loan collateral.
(3) Both agencies devalued property or refused to make loans secured by property in communities of color.


I don't remember seeing any demonstration of the above allegations. I don't remember seeing any mention of any aspect of their policies which would have encouraged, enabled or tolerated such misconduct, not any indications that they have engaged in such conduct.

I mean if the "proof" is limited to anecdotes then that isn't any different than me accusing congress members of being donkey-raping cousin-*******. If it's the feelz that count I can do express my anger whilst I do it. Talk is cheap.

In God We Trust. All others bring data.
There is no real proof that appraisers suffer from systemic racism nor does there have to be. When the Obama Justice Dept. started using disparate impact studies as "proof" of systemic racism in a wide range of areas such as housing and police discrimination cases, the threshold was lowered as to what constitutes discrimination to a protected class.

The law recognizes two types of illegal discrimination. Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men.

Disparate impact refers to discrimination that is unintentional. The procedures are the same for everyone, but people in a protected class are negatively affected. That is why the Brookings Institution performed their study "The devaluation of assets in Black neighborhoods - The case of residential property". If you read the report, it does not have a smoking gun that explicitly says which actions are racist, but instead quantifies the financial impact of what the supposedly racist system has on a particular protected class. The now quantifiable difference in asset values between white and other minority homeowners is all the proof that is required to show that there must be something wrong with the system as a whole, even if the discrimination is unintentional or untraceable to a specific act, plus actual damages can now be calculated.

It's basically using statistics to prove something is wrong here, but what that actually is is up to the courts and the Federal government to decide.
 
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