1998 S Housing - Cooperative Agreement with US Department HUD

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41288 Federal Register / .Vol.. 61, No. 153 /Wednesday, August 7, 1996 /Rules and Regulations has reason to believe that the agen_ry's . performance does not comply with the ._ criteria set forth by this part. Such . suspension shall not exceed 180 days. , (2) If the ageary is suspended `' pursuant to paragraph (b) of this section. the FHEO Field Office may elect not to ' prwide~payment for complaints ' .'. ' processed yrithin that period of time unless and until the Assistant Secretary determines that the ageary is fully in ..' compliance with § 115.203. The FHEO ' ' Field Office will provide technical assistance to the ageary during this period of time. ' (3) During the period of a suspension the Assistant Secretary shall not refer com laiata to the ageary. (4~Suspension under paragraph (b) of . this section renders the ageary ineligible to receive Fair Housing Assistance Program Funds under subpart C of this part, pending correction of the defidendes by the - agen (5) ~ fore the end of the suspension. a final performance assessment will bs provided to the Assistant Secre upon which a determination will be made as to the adequacy of the agenry's performance. (c) HUD will provide as ageary with notice of the specific reasons for the suspension of its interim certifiatioa and as opportunity to respond. is accordance with the procedures set forth is HUD issued guidance. § t 15.209 Denial at interim aRifieatlon. (a) If the Assistant Secretary - determines, after application of the criteria set forth is this part that the State and local law or ordinance, oa its. face or in its operation, does not provide substantive rights, procedures, remedies, and availability of judicial review for alleged discriminatory housing practices which are . substantially equivalent to those ' provided in the Fair Housing Ad, the Assistant Secretary shall inform the State or local official in writing of the reasons for that determination. (b) The agency, within 20 days from the date of the receipt of this notice. may submit, in writing, any opposition to the planned denial of interim certification to the Assistant Secretary. The Assistant Secretary will evaluate all pertinent written comments, information, and documentation. If, after reviewing all materials submitted by the agency, the Assistant Secretary is still of the opinion that interim ' certification should be denied, the Assistant Secretary will inform the agency in writing of that determination. (c) ff the agency does not. within 20 days of receipt of the Assistant Secretary's notice of denial of interim certification, make a request of the Assistant. Secretary under paragraph (b) of'this section to submit additional data, views, or comments, no further action shall be required oi:the Assistant. Secretary and denial of interim _- certification shall occur. § 11S.Z10 ~ Proeedun for artlflatlon. ' (a) Certification. (i) If the Aasista~t . Secretary determines. after application of the criteria set forth is ~~ 115.202. 115.203 sad Phis section. that the State . or foal hrw or osdiaaaoe, both "~ W face" and "ia operation." prrnrides . substantive rights, procedures: . remedies. sad judidal review .. procedures for alleged discriminatory housing practices that are substantially . equivalent to those provided in the Act. the Assistant Secretary may enter info a Memorandum of Understanding (MOU) with the ageary. ~ ' (2) The MOU is a written agreement providing for the referral of coraplaiats to the ageary and for commuaicatioa procedures between the ageary sad HUD that are adequate to permit the Assistant Secretary to monitor the ageary's continuing substantial equivalenry certification.- ' . (3) A MOU. after it is signed by all ' aPPropriate signatories, may authorize an ageary to be a certified agency for a period of rem more than five years. (b) Performance Improvement Pion. (i) U the ageary is not administering its law or ordinance in a manner that is substantially equivalent, the Assistant Secretary, may, but need not, offer a Performance Improvement Play (PIP) to the agency. The PIP will'outline the agenry's defideades. identify necessary corrective actions. and include a timetable for completion. (2) If the ageary receives a PIP. funding under the FHAP may be - suspeaded for the duration of the PII~. Once the agency has implemented corrective actions to eliminate the dsfideades, and such corrective actions are accepted by the Assistant Secretary. funding maybe reinstated. (c) Mnual assessments. The Assistant Secsetary shall annually assess the performance of as ageary to determine whether it continues to quality for certification under this part. If the Assistant Secretary affirmatively concludes that the agency's la~v and performance have complied with the requirements of this part in each of the five years, the Assistant Secretary may offer the agency an updated Memorandum of Understanding. (d) Interim certification required prior to certification. Aa agency shall receive interim certification prior to receiving certification. ~ - § 115.211 Suspension of certification. (a) Suspens?on based on changes in the law. (i) The Assistant Secretary may suspend the ageary's certification if the Assistant Secretary has reason to believe that the State or locality ~y have limited the effeetiveaess of the ageary's implementation of the fair housing Lw or ordinance by: (ion) A~ding the isir housing Lw or , roles or concstni fair housiag~ Lw~ ordinance, or ~ ~ •. (iiij lasuing )udidal or other.. ' . authoritative interpretations of the fair ~. housing law or ordinance. . (2) if the Assistant Secretary suspends certification uader.paragrnph (a)(i) of . this section. such suspension will remain is effect until the Assistant Secretary conducts a review.of the changes is language and/or interpretation sad determines whether the law or ordinance remains substantially equivalent on its face sad is its opetttioa to the AcK. Such suspension shall not exceed 180 days. (3) If the Assistant Secretary determines that the law or ordinance remains aubstaatialiy equivalent oa its tan sad is operation to the Act, the dssfstaat Secretary will rescind the suspension sad reinstate the ageary'a interim certi$ation aadlor recommend the ageary for certification. HUD will provide full or partial reimbursement for cases processed during the period of the suspension. (4) If the Assistant Secretary determines that the actions taken by the Stets or locality do limit the agenry's effectiveness, certifiation will be withdrawn pursuant to § 115.212. (b) Suspension based on agency performances (i) The Assistant Secretary may suspend the certification of an ageary charged with the administration of a fair housing law or ordinance. if the Assistant Secretary has reason to believe that the agency's performance does not comply with the criteria set forth by this part. Such suspension shall not exceed 180 days. (2) If the ageary is suspended pursuant to paragraph (b) of this section, the FHEO Field Office may elect not to ' provide payment for complaints processed within that period of time unless and until the Assistant Secretary determines that the ageary is fully in compliance with § 115.21)3. The FHEO Field Office will provide technical assistance to the agency during this period of time.