We are an OTS regulated thrift and recently formed a mortgage broker operating subsidiary. Does the broker need to post the equal housing lender posters the same as we do in our lobbies? (I checked with an examiner and he did not have a solid answer, more of an "it wouldn't hurt" response.)

Yes. The posters are a HUD regulation and apply to all housing lenders. Your affiliate should probably name HUD as the enforcement agency. But if you use your bank regulatory agency's address, no-one should scream too loudly.

The last time I looked, the fair housing poster requirements did not apply to non-depository institutions. The HUD regulations were deleted years ago. Unless something new has cropped up that I missed, the equal housing logo is posted by mortgage companies solely for FHA and VA purposes, or to indicate that they do not discriminate, but it is not technically required by rule.

I know we are required to post the Equal Housing Lender poster, but as an FDIC regulated bank are we required to post the Fair Housing poster? I never even saw one until we acquired some OCC regulated branches who are having trouble turning loose of some of their old ways.

The Equal Housing Lender posters have been adopted by each agency in their regulations implementing the Fair Housing Act. I am not familiar with a separate Fair Housing poster.

That is correct. When Reg B came into being, the FRB negotiated an agreement with HUD that the ECOA poster could be combined with the Fair Housing Act poster. The real purpose was to enable banks and thrifts to refer consumers to their regulatory ageny rather than to HUD. The argument was helped by the fact that, at the time, ECOA protections were broader than those of the Fair Housing Act.