N.Y. Comp. Codes R. & Regs. tit. 3 § 76.14
The Banking Department recognizes that the demographics and housing characteristics of an area may be such that the gap between housing costs and area median income greatly restricts the affordability of owner-occupied housing for low-and moderate-income persons residing in such an area. At the same time, there may exist a shortage of credit which endangers the preservation, stabilization or improvement of middle-income geographies or limits access to credit for middle- income persons residing in such an area. Where, based on relevant, current and verifiable data (including but not limited to the most recent census data pertaining to such area) these conditions are found to exist, the department may, in its assessment of the institution's performance, be flexible in its consideration of a banking institution's activities pertaining to owner-occupied housing in middle-income geographies or for middle-income individuals residing in such an area. Consideration of such activities shall be in addition to, and not in lieu of, consideration of activities in low-or moderate-income geographies and activities which serve low- or moderate- income individuals.
N.Y. Comp. Codes R. & Regs. Tit. 3 § 76.14