12 2 STA T . 2 69 9 PUBLIC LA W 11 0– 2 8 9 —J UL Y3 0 , 2008 ‘ ‘ (i ii )Thep e rfo r manc ean d effor t of the enterpri s es to w ard achie v in g the ho u sing goa l s under this section in previous y ears . ‘‘(iv) The a b ility of the enterprise to lead the industry in ma k ing mortgage credit available. ‘‘(v) S uch other reliable mortgage data as may be available. ‘‘(vi) The si z e of the purchase money conventional mortgage market , or refinance conventional mortgage market, as applicable, serving each of the types of families described in subsection (a), relative to the size of the overall purchase money mortgage market or the overall refinance mortgage market, respectively. ‘‘(vii) The need to maintain the sound financial condition of the enterprises. ‘‘( 3 ) AUTHORI T Y TO ADJ U S T TAR GE TS. — The D irector may, by regulation, ad j ust the percentage targets previously estab - lished by regulation pursuant to paragraph ( 2 )( B ) for any year, to reflect subse q uent available data and market developments. ‘‘( 4 ) HM DAI NF OR M ATION.—The Director shall annually obtain information submitted in compliance with the Home Mortgage Disclosure Act of 1975 regarding conventional, con- forming, single-family, owner-occupied, purchase money and refinance mortgages originated and purchased for the previous year. ‘‘(5) C ONFORMING MORTGAGES.— I n determining whether a mortgage is a conforming mortgage for purposes of this para- graph, the Director shall consider the original principal balance of the mortgage loan to be the principal balance as reported in the information referred to in paragraph (4), as rounded to the nearest thousand dollars. ‘‘(f) N OTI C E OF DETERMINATION AND E NTER P RISE COMMENT.— ‘‘(1) NOTICE.— W ithin 3 0 days of making a determination under subsection (d) regarding compliance of an enterprise for a year with a housing goal established under this section and before any public disclosure thereof, the Director shall provide notice of the determination to the enterprise, which shall include an analysis and comparison, by the Director, of the performance of the enterprise for the year and the targets for the year under subsection (e). ‘‘(2) COMMENT PERIOD.—The Director shall provide each enterprise an opportunity to comment on the determination during the 30-day period beginning upon receipt by the enter- prise of the notice. ‘‘(g) U SE OF BORRO W ER INCOME.—In monitoring the perform- ance of each enterprise pursuant to the housing goals under this section and evaluating such performance (for purposes of section 133 6 ), the Director shall consider a mortgagor ’ s income to be such income at the time of origination of the mortgage. ‘‘(h) CONSIDERATION OF P ROPERTIES WITH R ENTA L UNITS.— Mortgages financing two- to four-unit owner-occupied properties shall count toward the achievement of the single-family housing goals under this section, if such properties otherwise meet the requirements under this section, notwithstanding the use of one or more units for rental purposes. ‘‘(i) G OALS CREDIT.—The Director shall determine whether an enterprise shall receive full, partial, or no credit for a transaction Deadlin e . Deadline.
�
