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46 Federal Register./.Vol. -61,.No.•153 / Wednesday;-August 7, 1996 / Rules and Regulations 41283 performance.This commenter believed meanings of%overed multifamily; ineligible for SEE funding.However.in that HUD's administrative burden: - dwellings.".However,the word"and" ; order to prevent any possible confusion, would increase due to its inability to could easily be misinterpreted to be the this final rule amends§115.305 to refer complaints duringthe suspension'' conjunctive for the phrase"if such :- . clarify that an enforcement agency may period. ;_ buildings."The commenter suggested not receive SEE funds if it is currently The commenter also questioned the; 'that HUD clarify.the wording of this ; on a Performance Improvement Plan .•- adequacy of the reimbursement definition. (PIP).or if its interim certification or. provisions at§115.211.These" :HUD Response.HUD agrees with the -. certification has been suspended during provisions allowed HUD to reimburse ' commenter.Section 804(f)(7)of the Act-: ,the fiscal year is which SEE funds are .. -formerly suspended agencies for cases' provides a clear.definition of the term being sought.HUD wishes to note that processed during the suspension period. "covered multifamily dwelling's.•' agencies ineligible for SEE funding may The wmmeate. wrote that agencies ~ Paragraph(a)(5)of§115.202 required still.if otherwise eligible,apply for should also be'reimbuised forlost == that the ages s fair housing law or Complaint Processing fonds,and special grant funding and the costs of - ordinance"Iplrrovide the same ; Administrative Cost funds.-. halted investigations.`.: protections as those afforded by section HUD Response.HUD diseg with- 804• ' •of the Act."This reference to B.Partial Reimbursement of Reinstated several of the assertions made the A endas . by section 804 encompassed-the statutory g commenter.For example:the interim - definition of"covered multifamily As discussed in section-M.A.of this role was sufficiently clear regaz�g.the dwellings."It is,therefore,unnecessary preamble.the February 28.'1996 interim conditions which might lead to as for the final rule to set forth a separate rule provided that HUD would agency's suspension.Further,the definition.Accordingly,this final rule reimburse an agency for cases processed suspension provisions will not- .. amply removes 24 CFR during the agency's suspension period. necessarily increase HUD's' . 115.202(a)(5)(ii). - . HUD maybe unable to fully reimburse administrative burden.HUD also notes This final rule also removes reinstated agencies for these costs. that agencies presently have a right to_ §115.202(a)(5)(iii).The language of this Accordingly.this final rule clarifies that notice and an opportunity to respond provision was also already encompassed HUD wrill provide full or partial prior to suspension.These rights are in section 804 of the Act.Specifically, reimbursement for cases processed outlined in non-regulatory HUD the-provision repeated the language of during the period of suspension. guidance,which is currently being section 804(f)(4),which concerns the revised and updated.However.HUD American National Standard for C.Increased HUD Flexibility agrees that this guidance should be facilities providing accessibility to This final rule also makes two referenced in 24 CFR part 115 and has persons with disabilities. amendments,designed to benefit revised the interim rule accordingly. enforcement agencies.by providing HUD has adopted another of tho IV.Additional Changes to the February HUD with greater,flexibility.The commenter's suggestions by limiting 28,1996 Interim Rule_ February 28,1996 interim rule suspensions based on changes in the A.limitation on SEE Funnd Eligibility mandated that HUD sus end an agency law to 180 days. if the conditions set fort in§§115.208 The commenter's recommendations Section requir 5 set forth the solely concerned the sus ension and eligibility requirements far Special ce 115.211 were satisfied.HUD may,in P Enforcement Efforts(SEE)funds.SEE certain circumstances.wish to postpone withdrawal of certification procedures enc e sus th ension of such an a .The at§§115.211 and 115.212.However: funds are awarded to enforcement P g y HUD has also revised§115.208,which agencies with proven experience and interim rule denied this ability to HUD. overns interim certification,to capability in administering their fair T�final rule Provides HUD with the g hotuin laws sad ordinances. required flexibility by revising reference the non-regulatory guidance g §§115.208 and 115.211 to state that and to establish the 180-day limit.HUD Accordingly,paragraphs(a)(1)through believes the issues raised by the (a)(6)of§115.305 established fairly HUD"may"suspend an agency if the commenter are wall a livable to strict eligibility criteria.For example,24 suspension conditions are triggered. y pp CFR 115.305(a}(3)re wired that: The interim role prohibited the agencies with interim certification. q reimbursement of an agency who was Further.these revisions are necessary to (3J At least ten percent of the agency's fair suspended due to its performance until create uniformity in the procedures for• housing caseload resulted in written HUD determined that the agency interim certification and certification- conciliation agreements providing monetary lied with the erformance relief for the complainant as wall as remedial con P P B.Definition of"Covered Multifamily action.monitoring.reporting and public standards in§115.203.However,in Dwellings"Was Confusing interest relief provisions[.] certain cases speedier reimbursement of Comment.Paragraph(a)(5)(i)of Another example was provided by the such agencies may be justified.This §115.201 provided that"the term criterion set forth in paragraph(a)(5)of final rule permits HUD to reimburse 'covered multifamily dwellings'means '§115.305: agencies pnor to a determination that buildings consisting of four or more (5)The agency's administration of its fair the requirements of§115.203 are units if such buildings have one or more housing law or ordinance received satisfied elevators and ground floor units in other maritoriow mention for its complaint V.Other Matters buildings consisting of four or more ' Processing or other fair housing activities units."One of the commenters that were innovative(.) Environmental Impact complained about the awkward As the above examples illustrate, This rulemaking does not have an phrasing of this provision.As this HUD intends to limit SEE funding to environmental impact.This rulemaking commenter noted,the correct . those agencies which meet a high simply amends an existing regulation by interpretation of the word"and"is threshold of eligibility.Accordingly, consolidating and streamlining unclear.The commenter correctly agencies which are experiencing provisions and does not alter the assumed that"and"was intended to be difficulties in administering their fair environmental effect of the regulations the conjunctive for the two independent housing laws and ordinances are being amended.Findings of No