Agenda - 10-21-1997 - 9f - Laserfiche WebLink

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48 Federal Register !�.V61. .61;•No. 153 ! Wednesday, August 7; 1996 1 Roles and Regulations 41285 Secretary retains the right to make final '.§115.202 Criteria for adequacy of law discourage the filing of complaints,such decisions concerning the granting and (a)In order for a determination to be as: maintenance of substantial equivalency made that a State or local fair housing (i)A provision that a complaint must certification and interim certification, agency administers a law which,on its ' ' be filed within any period of time less §115.102 Public notleea. face,provides rights and remedies for than 180 days after an alleged alleged discriainatory housing practices discriminatory housing practice has (a)Periodically,the Assistant that are substantially equivalent to those occurred or terminated; Secretary will publish the following provided in the Act,the law or (ii)Anti-testing provisions; public notices in the Federal Register. ordinance mom; (iii)Provisions that could.subject a (1)A list of all agencies which have (1)Provide for an administrative camplainaftt to costs,criminal penalties interim certification oc certification;and enforcement body to receive and or fees in connection with filing of (2)A.list of agencies to which a notice ' process complaints and provide that: coon laints. of denial of interim certification has � .- . (i)Complaints must be in writing; (4FNot contain exemptions that been issued or for which withdrawal of -(ii)Upon the filing of a complaint the substantially reduce the coverage of certification is being proposed. , agency shall serve notice upon the housing accommodations as compared (b)The Assistant Secretary will complainant acknowledging the filing to section 803 of the Act. publish in the Federal Register a notice and advising the complainant of the (5)Provide the same protections as soliciting public comment before • time limits and choice of forums those afforded by sections 804,805,806, granting certification to a State or local provided under the law-, and 818 of the Act,consistent with agency.The notice will invite the public (iii)Upon the filing of a complaint the HUD's implementing regulations found to comment on the relevant State and agency shall promptly-serve notice on at 24 CFR part 100. - local laws,as well as on the the respondent or person charged with (b)In addition to the factors described performance of the agency in enforcing° the commission of a discriminatory in paragraph(a)of this section;the its law.All corriments will be : - • housing practice advising of his or her provisions of the State or local law must considered before a final decision on procedural rights and obligations under afford administrative and judicial certification is made. the law or ordinance together with a Protection and enforcement of the rights copy of the complaint; embodied in the law. Subpart B—Certification of (iv)A respondent may file an answer (1)The agency must have authority to: i)Grant or seek prompt judicial P Substantially Equivalent Agencies to a complaint. action for appropriate temporary or 611&200 Purpose. (2)Delegate to the administrative Preliminary relief pending final enforcement body comprehensive disposition of a complaint if such action This subpart implements section authority,including subpoena power,to P P 810(f)of the Fair Housing Act.The investigate the allegations of is necessary to carry out the purposes of purpose of this subpart is to set forth: g g the law or ordinance; PmP P complaints,and power to conciliate_ (ii)Issue and seek enforceable (a)The basis for agency interim complaints.and require that: subpoenas; certification and certification; (i)The agency commence proceedings (b)The procedure by which a with respect to the complaint before the (iii)Grant actual damages in o determination to certify s made b the P P administrative proceeding or y expense fy• Y end of the 30th day after receipt of the adjudication in court at agency expense Assistant Secretary; complaint: to allow the award of actual damages to (c)The basis and procedures for (ii)The agency investigate the an aggrieved person; denial of interim certification; allegations of the complaint and (iv)Grant injunctive or other (d)The basis and procedures for complete the investigation within the equitable relief,or be specifically withdrawal of certification; time-frame established by section authorized to seek such relief in'a court (e)The consequences of certification; 810(a)(1)(B)(iv)of the Act or comply of competent jurisdiction; (f)The basis and procedures for with the notification requirements of (v)Provide an administrative suspension of interim certification or section 810(a)(1)(C)of the Act; proceeding in which a civil penalty may certification;and (iii)The agency make final_ be assessed or provide an adjudication (g)The funding criteria for interriih administrative disposition of a in court at agency expense.allowing the certified and certified agencies. complaint within one year of the date of assessment of punitive damages against t t5 Zot basis of detenninatian. receipt of a complaint,unless it is - the respondent. § impracticable to do so.If the agency is (2)Agency actions must be subject to A determination to certify an agency unable to do so it shall notify the judicial review upon application by any as substantially equivalent involves a: parties,in writing,of the reasons for not ply eved by a final agency order. two-phase procedure.The doing so; (3)Judicial review of a final agency determination requires examination and (iv)Any conciliation agreement order must be in a court with authority an affirmative conclusion by the arising out of conciliation efforts by the to: Assistant Secretary on two separate agency shall be an agreement between (i)Grant to the petitioner,or to any inquiries: the respondent,the complainant,and other party,such temporary relief. (a)Whether the law,administered by the agency and shall require the restraining order,or other order as the the agency,on its face,satisfies the approval of the agency; court determines is just and proper, criteria set forth in section 810(f)(3)(A) •(v)Each conciliation agreement shall • (ii)Affirm.modify,or set aside,in of the Act:and be made public unless the complainant whole or in part.the order,or remand (b)Whether the current practices and and respondent otherwise agree and the the order for further proceedings:and past performance of the agency agency determines that disclosure is not (iii)Enforce the order to the extent demonstrate that,in operation,the law required to further the purposes of the that the order is affirmed or modified. in fact provides rights and remedies law or ordinance. (c)The requirement that the state or which are substantially equivalent to (3)Not place any excessive burdens local law prohibit discrimination on the those provided in the Act. on the complainant that might basis of familial status does not require