[Code of Federal Regulations]
[Title 12, Volume 2, Parts 200 to 219]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR202.13]

[Page 28-29]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 202--EQUAL CREDIT OPPORTUNITY (REGULATION B)--Table of Contents
 
Sec. 202.13  Information for monitoring purposes.

    (a) Information to be requested. A creditor that receives an 
application for credit primarily for the purchase or refinancing of a 
dwelling occupied or to be occupied by the applicant as a principal 
residence, where the extension of credit will be secured by the 
dwelling, shall request as part of the application the following 
information regarding the applicant(s):
    (1) Race or national origin, using the categories American Indian or 
Alaskan Native; Asian or Pacific Islander; Black; White; Hispanic; Other 
(Specify);
    (2) Sex;
    (3) Marital status, using the categories married, unmarried, and 
separated; and
    (4) Age.

Dwelling means a residential structure that contains one to four units, 
whether or not that structure is attached to real property. The term 
includes, but is not limited to, an individual condominium or 
cooperative unit, and a mobile or other manufactured home.
    (b) Obtaining of information. Questions regarding race or national 
origin, sex, marital status, and age may be listed, at the creditor's 
option, on the application form or on a separate form that refers to the 
application. The applicant(s) shall be asked but not required to supply 
the requested information. If the applicant(s) chooses not to provide 
the information or any part of it, that fact shall be noted on the form. 
The creditor shall then also note on the form, to the extent possible, 
the race or national origin and sex of the applicant(s) on the basis of 
visual observation or surname.
    (c) Disclosure to applicant(s). The creditor shall inform the 
applicant(s) that the information regarding race or national origin, 
sex, marital status, and age is being requested by the Federal 
government for the purpose of monitoring compliance with Federal 
statutes that prohibit creditors from discriminating against appliants 
on those bases. The creditor shall also inform the applicant(s) that if 
the applicant(s) chooses note to provide the information, the creditor 
is required to note the race or national origin and sex on the basis of 
visual observation or surname.
    (d) Substitute monitoring program. A monitoring program required by 
an agency charged with administrative enforcement under section 704 of 
the

[[Page 29]]

Act may be substituted for the requirements contained in paragraphs (a), 
(b), and (c).