usc 12 § 5551

Relation to State law (BANKS AND BANKING (12 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 12 § 5551
This title, other than sections 1044 through 1048, may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this title  from complying with, the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this title, and then only to the extent of the inconsistency.

For purposes of this subsection, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this title  if the protection that such statute, regulation, order, or interpretation affords to consumers is greater than the protection provided under this title. A determination regarding whether a statute, regulation, order, or interpretation in effect in any State is inconsistent with the provisions of this title  may be made by the Bureau on its own motion or in response to a nonfrivolous petition initiated by any interested person. 1 1 1

No provision of this title, except as provided in section 1083, shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the application of a law in effect in any State with respect to such Federal law. 1 1

The Bureau shall issue a notice of proposed rulemaking whenever a majority of the States has enacted a resolution in support of the establishment or modification of a consumer protection regulation by the Bureau.

Before prescribing a final regulation based upon a notice issued pursuant to paragraph (1), the Bureau shall take into account whether—

the proposed regulation would afford greater protection to consumers than any existing regulation;

the intended benefits of the proposed regulation for consumers would outweigh any increased costs or inconveniences for consumers, and would not discriminate unfairly against any category or class of consumers; and

a Federal banking agency has advised that the proposed regulation is likely to present an unacceptable safety and soundness risk to insured depository institutions.

The Bureau—

shall include a discussion of the considerations required in paragraph (2) in the Federal Register notice of a final regulation prescribed pursuant to this subsection; and

whenever the Bureau determines not to prescribe a final regulation, shall publish an explanation of such determination in the Federal Register, and provide a copy of such explanation to each State that enacted a resolution in support of the proposed regulation, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives.

No provision of this subsection shall be construed as limiting or restricting the authority of the Bureau to enhance consumer protection standards established pursuant to this title  in response to its own motion or in response to a request by any other interested person. 1

No provision of this subsection shall be construed as exempting the Bureau from complying with subchapter II of chapter 5 of title 5.

For purposes of this subsection, the term “consumer protection regulation” means a regulation that the Bureau is authorized to prescribe under the Federal consumer financial laws.
Source: Legislative text reproduced verbatim
Plain English

Under 12 U.S.C. § 5551, federal consumer financial law generally coexists with state consumer protection laws rather than replacing them. State statutes, regulations, orders, or interpretations are only displaced to the extent they directly conflict with federal requirements — and a state rule that offers consumers greater protection than the federal baseline is not considered inconsistent at all. The Consumer Financial Protection Bureau (CFPB) has authority to determine whether a conflict exists and, when a majority of states pass resolutions calling for a new or modified consumer protection rule, must initiate a rulemaking process that weighs consumer benefits, costs, and safety considerations.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in the consumer financial space should be aware that 12 U.S.C. § 5551 preserves the applicability of state-level consumer protection requirements alongside federal ones. A compliant operator generally reviews both the federal standards set by the CFPB and any applicable state statutes or regulations, applying whichever affords consumers greater protection. Because the CFPB can issue formal determinations about state-federal conflicts under this provision, operators typically monitor Bureau guidance and Federal Register notices for any rulings that affect their compliance obligations.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 12 U.S.C. § 5551, tenants and consumers retain the benefit of state consumer protection laws even where federal rules also apply, as long as the state law provides equal or greater protection. If a landlord or financial service provider claims that a federal rule overrides a state protection you believe applies to you, this provision's framework — which favors the stronger consumer protection — may be relevant to that dispute. Tenant-rights organizations, state attorney general offices, and housing counseling agencies can help identify whether a state rule survives alongside federal requirements under § 5551.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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