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Federal'ltegister fVol. fl;'No: 153 ~!: wedtiesday;'~August '7,•1'996 1 Rules and..Regulations 41287 <br />(c) Notwithstanding paragraph (a) of <br />this section, whenever the Assistant ' . <br />Secretary has reason to believe that a <br />complaint demonstrates a basis for the <br />commeacemenf of ~ gs against <br />any respondent un~n 814(a) o_ f <br />the Act or for Proceedings by ~Y .. ' <br />.governmental licensing or supervisory <br />authorities, the Assistant Secretary shall <br />transmit the information upon which- <br />such belietisbased to the Attorney.: `:. <br />Getteral, Federal fiaaadal regulatory - <br />agendes, other federal agendas, ar <br />other appropriate governmental • <br />licensing or supervisory authorities. <br />f 115.205 •~Teehnkal s:slst~ce. <br />(a) The Assistant Secrataryshrough . <br />its FHEO Field Office, may provide <br />technical assistance to the aggencies. The <br />.agenry may request such.technical <br />assistance or the FHEO Field Office may <br />determine the neoassity for technical <br />assistance and require the agenry'a <br />cooperation and pertidpation. <br />(b) The Assistant Secretary. through <br />FHEO Headquarters or Field staff, will <br />require that the agenry pate is • <br />training conferences sad nsarainan that <br />wit enhance the agency's ability to <br />process complaints alleging <br />discriminatory housing practices. <br />;115.206 Request for eertltkatlon. <br />(a) A request for certification under <br />this subpart shall be filed with•the <br />Assistant Secretary by the State or~local <br />official having prindpal responsibility <br />for administration of the State or local <br />fair housing law. The request shall be <br />supported by the foAowing materials <br />and information: <br />(1) The text o[ the jurisdiction's fair <br />housing law, the law creating and <br />empo~veting the agenry. any regulations <br />and directives issued under the law. and <br />any formal opinions of the State <br />Attorney General or the chief legal <br />officer of the jurisdiction that pertain to <br />the jurisdiction's fair housing law. <br />(2) Organizational information of the <br />agenry responsible for administering <br />and enforcing the Lw. <br />(3) Funding and penonael made <br />available to the agenry for <br />administration and enforcement of the <br />fair housing law during the current <br />operating year, ahd not less than the <br />preceding three operating years (or such <br />lesser number during which the law was <br />in effect). <br />(4) If available, data demonstrating <br />that the agenry's carnal practices and <br />past performance comply with the <br />performance standards described in <br />§ 115.203. <br />(5) Any additional information which <br />the submitting official may wish to be <br />considered. <br />(b) The request and supporting - •• <br />.materials shall be filed with the <br />Assistant Secretary for Fair Housing and <br />'Equal Opportunity, Department of . <br />Housing and Urban Development. 4s i <br />7th Streec,-SW., Washington, DC 20410. <br />A copy~of the request~aad supporting <br />materials will be •kept available for <br />public examination and copying at: ~. '. <br />(i) The.office of the Assistant - <br />•• (2HUD Field Office is whose <br />~nmi~~sddaiiidinn this State ar local <br />lo~~and ~ ~ <br />(3) The office of the State or local <br />agenry charged with administration sad <br />enforcement of the State or local law. - <br />f 115.207 •froudun to 4tterUn <br />arWle~tlon. <br />(a) Upoa receipt of a request for <br />certification filed under S 115.206, the <br />Assistant Secretary may request further <br />information necessary for a <br />determination to be made under this <br />section. The Assistant Secretary may <br />consider the relative priority given to <br />fair housing administration. as <br />•compared to the agenry's other duties <br />and responsibilities, as well as the <br />compatibility or potential conflict of fair <br />housing objectives with these other <br />duties and responsibilities. <br />(b).Interim cert~'fication. ff the <br />Assistant Se~:retary determines. after <br />application of the criteria set. forth is <br />~ lis.202 that the state or locai Lw or <br />ordinance. oa its face, provides <br />substantive rights. procedures, <br />remedies. sad judidal review <br />proceduras for alleged discriminatory <br />housing practices that are substantially <br />equivalent to those provided is the Act, <br />the Assistant Secretary may offer to <br />enter into an Agreement for the Interim <br />Refertal•of Complaints and Other <br />Utilization of Services (Interim <br />Agreement). The interim agreement will <br />outline the procedures and authorities <br />upon which the interim certification is <br />based. <br />(c) Such interim agreement. after it is <br />signed by all appropriate signatories. <br />will result is the agenry receiving <br />interim certification. <br />(d)(i) Interim agreements shall be for <br />a term of no more than three years. The <br />Assistant Secretary, through the FHEO <br />Field Office. wiA conduct one or more <br />on-site assessmeat~to determine <br />whether the agenry administer its fair <br />housing, law or ordinance in a manner <br />that is substantially equivalent to the <br />Act. <br />(2) Performance Improvement Plan. If <br />the agency is not administering its law <br />or ordinance in a manner that is <br />substantially equivalent, the Assistant <br />Secretary, iaay, but need not, offer a <br />Performance Improvement Plan (PIP) to <br />the agency: The PIP will outline the <br />.agency's defidendes, identi~ necessary <br />corrective actions, and inclu e a <br />timetable for completion. .~ <br />(3) If the agency receives a PiP, <br />funding under the FHAP may be <br />suspended for the duration of the PIP. <br />Once the agenry has implemented <br />..corrective actions to eliminate the <br />defideades, and such corrective actions <br />are accepted by the Assistant Secretary, <br />~~S ~Y ~ reinstated. <br />;115.206. 8uspenston otinteAm <br />ceroflestlon. <br />(a) Suspension based on changes in <br />the law. (i) The Assistant Secretary may <br />suspend the agency's interim <br />oertifiatioai if the Assistant Secretary <br />has mason to believe that the State or • <br />locality may have limited the <br />effectiveness of the agenry': <br />implementation of the fair housing law <br />or ordinance by: <br />(i) Amending the far=housing law or <br />ordinance; . <br />(ii) Adopting rules or procedures <br />concerning the fair housing Lw or <br />ordinance; or <br />(iii) Issuing judicial or other <br />authoritative irate~precations of the fair <br />housing law or ordinance. <br />(2) If the w~;a•*+t Secretary suspends <br />~assfsa<osrti8cation under paragraph <br />(a)(i) dthis section. such auspensia~n <br />will r~aia is effscx until the Assistant <br />Secretary conducts a review of the <br />changes in language and/or <br />interpretation and determines whether <br />the law or ordinance remains <br />substantially equivalent to the Act on its <br />face or in its operations. Such <br />suspension shall not exceed !80 days. <br />(3) If the Assistant Secretary <br />determines that. notwithstanding the <br />actions taken by the State or locality as <br />described in paragraph (a)(i), the law or <br />ordinance remains substantially <br />equivalent on its face and in operation <br />to the Act. the Assistant Secretary will <br />rasdad the suspension and reinstate the <br />agenry's interim certification and/or <br />recommend the agenry for certification. <br />HUD will provide full or partial <br />reimbursement for cases processed <br />duringg the period of the suspension. <br />(4) If the Assistant Secretary <br />determines that the actions taken by the <br />State or locality do limit the agenry's. <br />effectiveness interim certification will <br />be denied pursuant to $115.209. <br />(b) Suspensicn bored on agenry <br />performance. (i) The Assistant <br />Secretary may suspend the interim <br />certification of an agency charged with <br />the administration of a fair housing law <br />or ordina.ce if the Assistant Secretary• <br />