1998 S Housing - Cooperative Agreement with US Department HUD

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,•_ ~ ~ • • - • -• Federal :Register •/ Vo1.61•~-Mori 153~•i ~Ne3nesday,-August ;.x•1996-1-•~vIas -and • Regulations- ~ 41289- (3) During the period of a suspension the Assistant Secretary shall not refer complaints to the aganry:' • ~ . (4) Suspension under this paragraph also renders the hgenry ineligible to receive Fair Housing Assistance = .. Program Funds under subpart C of this part. pending correction of the defidendes by the agency: '~ ' •. ' (5) Before the end of the suspension. a final performance assessment will be provided to the Assistant Secretary upon which a determination will ba ' made as to the adequary of the agency's performance. . (c) HUD will provide aa'agency with notice of the spadfic reasons for the suspension of its certification and as opportunity to respond, in accordance with the procedures net Earth is HUD issued guidance. § 115.212 WIlhdrawal of ee:tltkatlon. (a) If the Assistant Secretary finds. as a result of a review undertaken in accordance with this part. that the agenry's fair housing law or ordinance no longer meets the requirements of this part, the Assistant Secretary shall progoaa to withdraw the certification pre~~iously granted. (b) The Assistant Secretary will propose withdrawal of certification under pa-agrar•h (a) of this section unless further review sad information or documentation establishes that the current law and/or the ageary's administration of the Lw meets the criteria set out is this part. (c) If the Assistant Secretary determines, suer atrgLratioa of the criter'a set forth is this part, that the state or local law or ordinance. is operation, does not provide substantive rights. prncodures. remedies. sad availability of juaidal review fcr alleged discrimi*iatory housing practices which are stbstantiallv equivalent to those prc:zded in the Fair Housing Act, the Assistant Secretary shall inform the State or local offidal in writing of the reasons for th~r determination. Subpart G-Fair Mousing Assiatsnc~ Program ('r aAP) § t 15.300 Purpose. The purpose of tho Fair Housing Assistance Program (FHAP) is to provide assistance to State and local fair housing enforcement agendas. The i.~tcnt of this funding program is to build a coordinated intergovernmental enforcement effort to further fair housing and to encourage the agendas to assume a greater share of the responsibility for the administration and enforcement of their fair housing laws and ordinances. This financial assist8nce is designed to provide ' . supp ort for. (a~ The processing of dual-filed comphtiats: ~ .. - . . ' (b) ?raining under the Fair Housing Act and the agencies' fair housiag'law; (c) The provision of technical . assiataaoe; (d) The creation and maintenance of data sad information systems; and :. . (e) The development sad _ • • enhancement of other fair housing - enfortxsaant projects. - §1t5w10T /igaaayetl~IbWtyerl0srta..; Aay aaryry with certification or interimacgbertificatioa under subpart A of this part. and which has entered into a 1si0U or interim agreement, is eligible to partidpate is the FHAP. - § 115.302 Capacity bu0ding funds. (a) Capadty bolding (CB) funds are • funds that HUD may, provide to an agenry with interim certification during the agenry's first three years of participation iu the FHAP. Agendas receiving CB funds are not eligible to receive contributions funds uadar §115.304.- ' (b) CS funds will be provided in a fixed annual amo~:nt to be utilized for the eligible activities established pursuant to ~ 115.303. However. in the second and third year of the agenry's participation. is the FHAP. HUD has the option to permit the sgenry to receive CS fimding oa a per case basis. rather than is a single annual amount. (c) Ia order to : eceive CB funding, ~gendes will be required to submit a statataent of work which identifies: (i) The objectives and activities to be carried out ~:zth the CB funds received; (2) A plan for training all of the agency's emrloyees involved in the administration of the agency's fair housing la~v or ordfnan~-e; (3) A s:atemrt:t of tl:e ageng's intention to partidpate in HUD• sponsored trai:iiag in accordance v-~ith the training requirements set out in the coo five agreement; (4pj A~descriptioa of the agenry's complaint processing data and information system or, alternatively, whether the ageary plans to use CS funds to purchase and install a data system: sad (S) A description of nay other fair housing activities that the agency will undertake with its CB fiends. All such activities must address matters affecting fair housing enforcement which are cognizable under the Fair Housing Act. Any aC.ivities which do not address the implementation of the agenry's fair housing law or ordinance, and which are therefore not cognizable under the Fair Housing Act, will be disapproved. § 115.303 Eligible setivitles For eaaacltyl bsflding funds. .The prita3ry Purposes of capacity building funding is to provide for complaint activities and to support activities that produce increased . awareness of fair housing rights sad remedies. All such activities must support the agency's administration of its fair housing law or ordinance and address matters affecLtng fair housing which are cognizable tinder the Fair . Housing Act. HUD will periodically publish a list of eligible ectivfties fn the Federal Register. . § t tS.304 Agenoles el1g16N taor~ eattributiorss tends. . (a) An agenry that has received C3 funds far three consecutive years is eligible for contributions funding. Contributions P.mding consists of three categories: ' (i) Co~~mpplaiat Processing (CP) f:mds; ~(d2) Administrative Costs (AC) funds; (3) Special Enfottaement Efforts (SEE) fiords (§ 115.305 sets forth the requirements for SEE funding). (b) Ce' funds. (i) Agendas recei~~iag CP funds will receive such support based solely on the number of wmplaints processed by the agency and accep•.ed for payment by the Director of FHEO durL-.g a consecutive, speciScally fdeatified. l2-month period. No.^maLy this period will bs the previous yew's funding t.~cle. (2) Funding for agendas in the*.r fourth year of partidpatioa in the FHAP will be based on the number of ' complaints acceptably processed by the agenry during the agenry's third ~ esr of participation in the FHAP. (c) Administrative Cost (AC) fiords. (1) Agencies which acceptably prccoss 100 or more cases will receive no less than 10 percent of the agenry's annual FHAP payment a.'ao•.uit for the preceding year, in addition to cans processing fiu:ds, contingent on fiscal year appropriations. Agendas that acceptably process fey per than 100 cases wiA receive a flat rate contingent on fiscal year appropriations. (=) 9gendes will be requued to provide HUD with a statement o{how they intend to use the AC fiords. HUD may require that some or all AC funding be directed to activities designed to create, modify. oc ir_+prove lord. regonal. or national information systems ccnceraing fair housing matters (including the purchase of state of the art computer systems and getting on line or internal access, etc.). § 115.305 Speelal enforcement effeK (SEE) funds. (a) SEE funds are funds that HUD will provide to an agenry to enhance