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Regulation C requires banks to report on closed-end loans secured by a lien on a “dwelling.” Does this cover only single mixed-used structures or does it include separate buildings such as a single-family residence and a detached barn?

Regulation C (Home Mortgage Disclosure Act) requires banks to report on closed-end loans secured by a lien on a "dwelling." Comment 4 to §1003.2(f) explains that the term "dwelling" includes mixed-use properties "such as a building containing apartment units and retail space if the property's primary use is residential." Does this cover only single mixed-used structures or does it include separate buildings such as a single-family residence and a detached barn?

Arguably, it does not. The single structure apartment building containing retail space is only an example of a dwelling. Indeed, the comment uses the term “property” (not building or structure) for purposes of determining whether the primary use is residential and therefore the structure a “dwelling.” Institutions may, as stated later in Comment 4, “use any reasonable standard to determine the primary use of the property, such as by square footage or by the income generated” to determine whether the primary purpose of the entire property is a dwelling. (October 2019)

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