1998 S Housing - Cooperative Agreement with US Department HUD

Browse Search

Federal Register Vol. 61, No. 153 / lNednesday, August 7, 1996 /Rules and Regulations 41285 Secretary retains the right to make final decisions concerning the granting and maintenance of substantial equivalenry certification and interim certification; § 115.102 Publk notiwa - ~• - • `• (a) Periodically. the Assistant :_ : • . `~' ' . Secretary will publish the following . public notices in the Federal Register. (i) A list of all agendes which have interim certi$cation of certification: and (2) A list of agencies to which a notice of denial of interim certification has - been issued or for which withdrawal of certification is being proposed. , (b) The Assistant Secretary will • publish in the Federal Register a notice soliciting public comment before granting certification to a State or local agenry. The notice will invite the public . to comment on the relevant State and local Lws, as well as on the performance of the agenry in enforcing • its law. All comments will be considered before a final derision on certification is made. Subpart B--Certification of Substsntialty Equivalent Agencies § 115.200 Purpose. This subpart implements section 810(f) of the Fair Housing Act. The purpose of this subpart is to set forth: (a) The basis for agenry interim certification and certification; (b) The procedure by which a determination to certify is made by the Assistant Secretary; (c) The basis and procedures for denial of interim certification; (d) The basis and procedures for withdrawal of certification; (e) The consequences of certification; (f) The basis and procedures for suspension of interim certification or certification: and (g) The funding criteria for iateririi certified and certified agencies. § 115.201 Basis of debnntnatlon. A determination to certify as agenry as substantially equivalent involves a two-phase procedure. The determination requires examination sad an affirmative conclusion by the Assistant Secretary on two separate inquiries: (a) Whether the Lw, administered by the agenry. on its face, satisfies the criteria set forth in section 810(f)(3)(A) of the Act; and (b) Whether the current practices and past performance of the agenry demonstrate that, in operation, the law in fact provides rights and remedies which are substantially equivalent to those provided in the Act. /'. § 115.202_ t.rtteria for adequacy of taw. (a) Ia order for a determination to be made that $ State or local fair housing ageacyi administers a law which, on its ' face, provides rights and remedies for alleged discriminatory housing practices that are substantially equivalent to those provided is the Act, the law ~ " - ordinance must: (i) Provide for an administrative enforcement body to receive and - .:. . process compLints and provide that: (ij CompLints must be is writing; . ~tRl [Jpm the Sffiig o#a oampLiat the agenry shall serve notice upon the complainant aclmowledging the Sling sad adviaiag the complainant of the time limits and choice of forums provided under the Lw; (iii) shall the Sling of a complaint the agenry promptly •serve notice on the respondent or person charged with the commission of a discriminatory housing practice advising of hie or her procedural rights and obligabarns under the Lw or ordinance together with a copy of the complaint; • (iv) A respondent may file as aass~er to a campLiat. (2) Delegate to the administrtive enforcement body comprehetlsive authority. including subpoena power, to investigate thti aUegatias-s of complaints. sad porter m oam"1Les compLiats, sad regmrs than (i) The agenry commence proceedings with respect to the complaint before the end of the 30th. day after receipt of the wmplaiat: (ii) The agenry investigate the allegations of the complaiut and complete the investigation within the time-frame established by section 810(a)(i)(B)(iv) of the Act or comply with the notification requirements of aectioa 810(a)(t)(G7 of the Act: (iii) The agenry make final - administrative disposition of a complaint within one year of the date of receipt of a complaint, unless it is - impractiable to do so. If the agenry is unable to do ao it shall notify the parties. is writing, of the reasons for not doing so: ~ . (iv) Aay conciliation agreement ariaiag out of conciliation efforts by the agenry shall be as agreement between the respondent, the complainant. and the agenry sad shall regain the ap royal of the agenry; , • f~v) Each conciliation agreement shall be made public unless the compLinant and respondent otherwise agree and the agenry determines that disclosure is not required to further the purposes of the law or ordinance. (3) Not place any excessive burdens on the complainant that might discourage the filing of complaints, such as: .. (i) A provision that a complaint must be filed within any period of time less than 180 days after as alleged discriminatory housing practice has occurred or terminated: .. . . (R) Anti-tenting provisions:. . (iii) Provisions that cottld.subject a complainant to oosis, criminal penalties or face in connection with Sling of cbni Lints.' .. . (4~Not contain exemptions that substantially reduce the of housing axommodations as compared to section 803 of the Act. (5) Provide the same protections as those afforded by sections 804, 805, 806, and 818 of the Act. eoasistent with litPD's implementing regulations found at 24 CFR part 100. (b) In addition to the factors described in paragraph (a) of this section; the provisions of the State or local Lw must afford administrative and judicial protection sad enforcement of the rights embodied is the law. (1J The agency must have authority to: (i) Great or seek prompt judidal action for appropriate temporary or preliminary relief pending 8na1 disposition of a complaint if such action m aaansary m carry out the purposes of t?se lase ar eadaaaace; (ii) Issue and seek enforceable subpoena:: (iii) Grant actual damages in m administrative proceeding or provide adjudication in court at agency expense to allow the award of actual damages to an aggrieved person: (iv) Grant injunctive or other equitable relief. or be specifically authorized to seek such relief in a court of competent jurisdiction: (v) Provide an administrative proceeding in which a civil penalty may be assessed or provide an adjudication is court at agenry expense, allowing the usessmeat of punitive damages against the respondent. (2) Agenry actions must be subject to judicial review upon application by any p ag~t~~ed by a final agenry order. (3 Judicial review of a final agenry order moat be in a court with authority to: (i) Grant to the petitioner, or to any other party, such temponuy relief. restraining order, or other order as the court determines is just and proper, -. . (ii) Affirm, modify, or set aside, in whole or in part. the order, or remand the order for further proceedings: and (iii) Enforce the order to the e.~ctent that the order is affirmed or modified. (c) The requirement that the state or local Lw prohibit discrimination on the basis of familial status does not require