1998 S Housing - Cooperative Agreement with US Department HUD

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41286 Federal Register / VoL 61. No. 153 /. Wednesday, .August 7. 1996 /Rules and Regulations that the state or local law limit the investigation, conciliation and - ~-. ; ~ (2) Terms and conditions of . applicability of any reasonable local. enforcement activities. The performance agreements and orders issued: state_or Federal restnctions regarding assessment will consider the following , - . (3) Application of its authority to seek the maximum number of occupants to determine the effectiveness of as "... actual amages, ~ a ProPriate; and permitted to occupy a dwelling.. • agenry's fair housing complaint , ,. - ~ (4) Application of its authority to seek (d) The state or local law may assure • .. processing. consistent with such = .. , : - damn ~ cif penalties or punitive . . that ao prohibition based oa ..... guidance as maybe issued by HUD:... gg . discrimination because of familial status- . (ij The agency's case processing (d) Consistently and aihlrmatively .: . . . ~. seek and ablain tise type of relief ~. •. applies to housing for older person :- . p~~: "~~~~" -'- ~ recrur+eacss of iuch: substantially as described is 24 CFR (2I'l~ thaevoghaess ofthe ag~ey`s -: dss3~sd prevaot part 100. subpart ~ c~ practices. The performance anent - g, .: . -... Pllr (e) A determination of the adequacy of (3) A review of cause anti no arras ~ - will include, but not be limited to: a state or local fair housing Lw "on its determinations ~' 9~tY of ~ ~ (i) An assessment of the types of - face" is intended to focus oa the .: investigations sad crosfiteacy nth - relief sought sad obtained by the agency meaning sad iatenE of the text. of the .~ ~ apptoprLto standards: _ - with oonddaratiwoanf lira iaie~ of Iaw, as distinguished"from the .,~. ~ •... ~ir- review of coadliation af$rmative provisions de;algaed to agreements and other settlements:` protect the public interest; effectiveness of its administration. ~w - Acxordiagly, thin determination is not - (S) A review of the agency s . (2) The adequacy of the disposition of limited to as analysis of the literal text admiaistrt~_ive closures: and ' - the compLiat: -- ofthe law but must take into account all (fi) A review of the- agency's (3) The relief caught and awarded: relevant matters of state or local law.., enforcement procedures' ~(4) The number of complaints closed lions. directives. rules of ro)(i) Commence proceedings with with relief and the number closed Regale ~ to~a complaint: ~ without relief; sad procedure. judicial decisions. or . m (~j Before the end of the 30th day after (S) Whether aA the issues sad bases ' interpretations of the fair housing law ~ip~ were investigated adequately sad . by competent authorities will be (ti) e,rry forward such proceedings approppriately di~sposed of: considered is making this with reasonable pmmPm1~' te) Coasistantly and afSrmatively seek determination. (iii) Make SaaI ai~aiaistrative the elimination ofall pmhibfted (f) A law will be found Inadequate ition within one year. and psadices under its fair lousingg law. Aa "on its face" if it permits nay of that Within 100 days of rem of the assessment a~ this st~3ard will agenry's decision-making authority to complaint complete the idea ' ad include. but nowt be lirniesd to: be contracted out or delegated to a non-. proceedings. (i) A disr-rossion and oosifirmatioa of . governmental authority. For the (2) To meet this standard. the the Iaw or ordinance administered by Purposes of this paragraph, "decision- performance assessment will consider the making authority" shall include: the timeliness of the agenry's actions (2) s identification of any (i) Aaxptaace of the complaint: with respect to its complaint processing, amendments, court decisions or other (2) Approval of the coaciliatioa including but not limited to: rulings or documentation that may agreement: (i) Whether the ageary began its affect the agency's ability to carry out (3) Dismis3al of a complaint: processing of fair housing complaints ~ provisions of its fair housing law or (4) Any action specified is within 30 days of receipt; ordinance; §§ 115.202(a)(2)(iii) or 115.202(b)(i); (ii) Whether the ageary completes the (3) Identification of the education and anti investigative activities with respect to a outreach efforts of the ageary; sad (5) Any decision-making regarding complaint within 100 days from the (4) Identification and discussion of whether the matter will or v--ill not be date of receipt or. if it is~impracticable any special requirements of the fair pursued, to do so. notifies the parties in writing housing law or ordinance. (g) The state or local law must provide of the reason(s) for the delay; ;115.204 t:onsequenees o1 eertifteatton. for civil enforcxment of the law or (mil W-hethu the aB~cY ordinance by as aggrieved psra~ by the administratively disposes of a complaint (a) Whenever a complaint received by commencementof an action is as within one year from the date of receipt the Assistant Secretary alleges appropriate court at least oar you after or. if it is impractiable to do ao. notifies violations of s state or local fair housing the occurrence or termination of as the parties is writing of the reasons for law or ordinance administered by an alleged discriminatory housing practice. the deL .. sad ageary that has been certified as The court must be empowered to: (iv) Whether the ageary completed substantially equivalent. the comptaint (i) Awud the plaintiff actual sad the investigation of the complaint sad . will ~ inferred to the agency. and ao punitive damages: prepared a complete final investigative furthu action shall be taken by the (2) Grant as relief. u it deems report. ~ Assistant Secretary with resaect to such appropriate, any temporary or (3) The performance assessment will compLiat except as provided for by the permanent injunction, temporary also consider documented conciliation Act. this part. 24 CFR part 103. subpart restraining order or other order; sad attempts sad activities. and a. review of C, and nay written agreements executed (3) Allow reasonable attorney's fees the bases for administrative disposition by the Agenry and the Assistant and costs. ~ of complaints. ~e~'• (c) Conduct compliance reviews of (b) If HUD determines that a § 115.203 Performance standards. settlements, conciliation agreements coinpfaint has not been processed in a A state or local fair housing and orders issued by or entered into to timely manner in accordance with the enforcement ageary must meet all of the resolve discriminatory housing performance standards set forth in performance standards listed in this practices. The performance assessment § 115.203, HUD may reactivate the section in order to obtain or maintain will include, but not be limited to: complaint, conduct its own certification. (1) An assessment of the agency's investigation sad conciliation efforts. (a) Engage in timely, comprehensive procedures for conducting compliance and make a determination consistent and thorough fair housing complaint reviews; with 24. CFR part 103.