1998 S Housing - Cooperative Agreement with US Department HUD

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41282 Federal =Register /Vol. 61, No. 153 /Wednesday, August 7, 1996 • / Rules 8nd .Regulations DEPARTMENT OF.HOUSiNG AND URBAN DEVELOPMENT ' 24 CFR Parts 111 and 115 (Docket No. FR~322~-02) RIN 2529-AAiO Otflce of the Assistant Secretary for Falr Housing and Equal .Opportuni , . Regulatory Reinvention; Certltication and Funding of State end Local Fair .Housing Enforcement Agencies - AGENCY: Office of the.Assistant ~ . Secretary for Fair Housing and Equal Opportunity. HUD. ACT10N: Final rule.- - .. • SUMMARY: On Feb 28.1996 (61 FR - 7674).1iUD publish for public comment as iz}terim rule streamlining its regulations governing the certification and funding of State and local fair housing enforcement agendas. Previously, the nquinmeats for substantially equivalent certification and participation in the Fair Housing Assistance Pragtam had been net fort is different parts of title 24. The February 28,1996 interim rule ' consolidated these reguLtions, thus providing all necessary requirements in• a single part and eliminating reduadaary from title 24. This rule finalizes the polides sad procedures set forth in the February 28,1998 interim rule and takes into consideration the public comments received on the interim rule. Further, this rule removes from title 24 the urmeceasarily codified preamble to the final rule implementing the Fair Housing Amendments Act of 1988. EFFECTIVE DATE: September B, 1998. .. FOR FURTHER ~NiFORMATION CONTACT: Marcella Brown, Director, Fair Housing • Assistance Program Division. Of$oe of Fair Housing and Equal Opportunity. Room 5216, Departm~t of Housing and Urban Development. 4Si Seventh Street. SW, Washington. DC 20410, tel hone (202) 708-0455. ('This is not a to~ free number.) Hearing- or speech-impaired ' individuals may access this number via TTY by calling the toll-free Federal Information Relay Service at 1-800- 877-8339. SUPPLEMENTARY INFORMATION: I. The February 28,1998 Interim Rule The Fair Housing Act (42 U.S.G 3601-3619) (the Act) provides that whenever a complaint alleges a discriminatory housing practice, arising in the jurisdiction of a State or local agency which has been certified by the Secretary under section 830(f) of the Act; HUD shall refer the complaint to : 'rule. First, this final rulerlarifies that as that State or local agency: HUD has enforcement agenry may not receive implemented section 810(f) at 24 CFR ~ ..; part 115; whichestablishes the criteria - Spedal Enforcement Effort (SEE) funds if it.is currently on a Performance -the Secretary will utilize to certify Stara Improvement Plea (PIP), or if it has been ..and local Fair housing enforcement suspended during the.fiacal year in agendas. ,_ ,.. ' = ~ • Section 817 of-the Ad provides that . ~ ~. which SEE funds are sought. This rule also •cLrifies tbaiH[ID may P~IY the Secretary may reimburse State end ~ % ' •ts tee ~;~ ~ cases local fafr houstag t agendas= =which assist the Secestary is snfao<+ctng ~~ ~•; .procxssed during the suspeasfon period. . Further, the final Wile makes two the Ad: HUD has implegented section.`' •amendments which will benefit t8h1e7 at 24 CFR part~il, which sets~o~ e ,. ~ ~ enforcement agendas by.providing HUD with greater Seadbility. Section N of Faf r Housing Assistance Program ' - (FHAP). Through the FHAP, HUD . • i~ p~ble details these changes to the February 28,1998 iaterIm rule. provides assistance to certified State sad local fair housing enforcement ='- ~ - ~ Additionally. this rule removes the r~nneceasarily codified preamble to the agerides..This assistance i$ designed to . provide support for complaint - . j~„~y 23,1989 final rule (54 FR 3232) implementing the Fair Horsin . P~~g• ~~8• teduzical - ~ assistance, data sad information g Amendments Act of 1988 (42 U.S.G 3601 et seq.). This preamble is codified systems, sad other fair ho rojects. ~ .. Oa February 28 1998 (6~ 874) ` ~ title 24 as appendix I to subchapter , . HUD published for public comment as ~ A'of chapter I. The preamble, although. it provides helpful informaitioa to . interim rule streamlining is regulations governing the certification and funding reader. is readily available through other means and does not merit of State sad local fair housing enforcement agendas. Spedfically. the ' inclusion is the CFR. The removal of this codified prole will assist is rule eansolideted parts ii! sad liS. This consolidation permitted HUD to HUD's efforts to streamline the contests provide all necessary requirements for of title 24. °wbstantially agnivakat" cmti$ta9to~ III. Discassim of the Public Comments and FHAP partidgatton in a single part. ea the Febraar~ 28,1998 Interim Hula The February 28.1998 interim rule described in detail the amendments A. The Suspension and Withdrawal of made to 24 CFR parts 111 sad liS. Cestrflcation Provisions Should be Revised II. This Final Rule This rule finalizes the polides sad . procedures net forth in the February 28, 1996 interim rule and takes into consideration the public comments submitted on the interim rule. The public comment period on the interim rule expired on Apri129, 1996. Two comments were received. This final rule makes three changes to the interim rule is response to pub comment Ftrrt, the final rule eatablishss a 180-day limit oa suspensions based on dtanges in the Iaw..Further, this final rule refereaoas the non-regulatory Procedures which require that HUD.provide as agenry with notice sad an opportunity to respond before suspension. The rule also dari$es the definition of "covered multifamily dwellings" net forth in the February 28, 1996interim rule. Section III. of this preamble presents a summary of the significant issues raisod by the public commenter on the February 28. 1996 interim rule, and HUD's responses to these comments. In addition to the revisions made in response to public comment, HUD determined it was necessary to make several other changes to the interim Comment Section 115.211 provided that HUD would suspend an enforcement agenry's certification if HUD had nasoa to believe that: (1) A change is law, regulation. or procedure had limited the effectiveness of the agenry to enforce its fair housing law or ordinance; or (2) the enforcement ageary'a performance did not comply with 24 CFR part 113. If HUD's aubsequeat review demonstrated that the ageary ao longer complied with :'se requirements of part i1S, HUD would withdraw the agenry's certification. Section 115.212 set forth the procedures governing withdrawal of certification. One of the commenter was strongly opposed to §§ 115.211 and 115.212. The commenter believed the conditions triggering auspensioa were vague and might lead to arbitrary suspensions. Further, the commenter suggested that § 115.211 be revised to require that HUD provide an agenry with notice and as opportunity to respond before suspension. This commenter also recommended that HL~ establish a time limit on suspensions based on changes in the law. The commenter noted that the interim rule imposed a 180-day limit on suspensions based on the agency's