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

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50 Fed er6l_�Regiater_f ToL 41,"No, 153 4.Wedriesday;'.August'7,•1996 I Rules-and.•Regulations ' 41287 (c)Notwithstanding paragraph(a)of (b)The request-and supporting Secretary,may,but need not,offer a this section.whenever the Assistant '- materials shall be filed with the Performance Improvement Plan(PIP)to Secretary has reason to believe that a Assistant Secretary for Fair Housing and =the agency.The PIP will outline the complaint demonstrates a basis for the '-.Equal Opportunity;Department of • .agency's deficiencies,identify necessary commencement of proceedings against• •Housing and Urban'Development,451" corrective actions,and include a :. any respondent under section 814(a)o_f 7th Street.-SW.,Washington,DC 20410. timetable for completion. the Actor for proceedings by any.. ' . A copy*f the request-and supporting . (3)If the agency receives a PIP, governmental licensing or supervisory materials will be-kept available for' funding under the FHAP may be authorities.the Assistant Secretary shall'- public examination and copying at suspended for the duration of the PIP. transmit the information upon which (1)The.office of the Assistant- Once the agency has implemented such belief is based to the Attorney.. Secretary; .corrective actions to eliminate the General,Federal financial regulatory • (2)'The HUD Field Office in whose deficiencies,and such corrective actions agencies,other federal agencies,or jurisdiction the State or local - are accepted by the Assistant Secretary, other appropriate governmental jurisdiction seeking recognition is funding may be reinstated. licensing or supervisory authorities. located;and _ §115.Z05 zTechnlcal sssistance. (3)The office of the State or local §11S. tion. spenaton ofinterim agency charged with administration and (a)The Assistant Secretary..thmugh enforcement of the State'or local law. ' (a)Suspension based on changes in its FHEO Field Office,may provide : . the law.(1)The Assistant Secretary may §115.207 -Procedure for Interim suspend the agency's technical assistance to the agencies.The P g c7''s interim .agency may request such technical certification. � certification if the Assistant Secretary assistance or the FHEO Field Office may (a)Upon receipt of a request for has reason to believe that the State or determine the necessity for technical certification filed under§115.206,the locality may have limited the assistance and require the agency's Assistant Secretary may request further effectiveness of the agency's -cooperation and participation. - information necessary for a implementation of the fair housing law (b)The Assistant Secretary,through determination to be made under this or ordinance by: FHEO Headquarters or Field staff,will section.The Assistant Secretary may (i)Amending the fair housing law or require that the agency participate in consider the relative priority given to ordinance; training conferences and seminars that fair housing administration,as (ii)Adopting rules or procedures will enhance the agency's ability to -compared to the agency's other duties concerning the fair housing law or process complaints alleging - and responsibilities,as well as the ordinance,or discriminatory housing practices. compatibility or potential conflict of fair (iii)Issuing judicial or other housing objectives with these other authoritative interpretations of the fair §115.206 Request for certification. duties and responsibilities, housing law or ordinance. (a)A request for certification under (b),Interim certification.If the (2)If the Assistant Secretary suspends this subpart shall be filed with-the Assistant Secretary determines,after interim certification under paragraph Assistant Secretary by the State or'local application of the criteria set forth in (a)(1)of this section,such suspension official having principal responsibility §115.202 that the State or local law or will remain in effect until the Assistant for administration of the State or local ordinance,an its face,provides Secretary conducts a review of the fair housing law.The request shall be substantive rights,procedures, changes in language and/or supported by the following materials remedies,and judicial review interpretation and determines whether and information: procedures for alleged discriminatory the law or ordinance remains (1)The text of the jurisdiction's fair housing practices that are substantially substantially equivalent to the Act on its housing law,the law creating and equivalent to those provided in the Act. face or in its operations.Such empowering the agency,any regulations the Assistant Secretary may offer to suspension shall not exceed 180 days. and directives issued under the law,and enter into an Agreement for the Interim (3)If the Assistant Secretary any formal opinions of the State Referral-of Complaints and Other determines that,notwithstanding the Attorney General or the chief legal Utilization of Services(Interim actions taker. the State or locality as officer of the jurisdiction that pertain to Agreement).The interim agreement will described in paragraph(a)(1),the law or the jurisdiction's fair housing law. outline the procedures and authorities ordinance remains substantially (2)Organizational information of the upon which the interim certification is equivalent on its face and in operation agency responsible for administering based. to the Act,the Assistant Secretary will and enforcing the law. (c)Such interim agreement.after it is rescind the suspension and reinstate the (3)Funding and personnel made signed by all appropriate signatories, agency's interim certification and/or available to the agency for will result in the agency receiving recommend the agency for certification. administration and enforcement of the interim certification. HUD will provide full or partial fair housing law during the current (d)(1)Interim agreements shall be for reimbursement for cases processed operating year,and not less than the a term of no more than three years.The during the period of the suspension preceding three operating years(or such Assistant Secretary,through the FHEO (4)If the Assistant Secretary lesser number during which the law was _Field Office,will conduct one or more determines that the actions taken by the in effect). on-site assessments to determine State or locality do limit the agency's. (4)If available,data demonstrating whether the agency administers its fair effectiveness interim certification will that the agency's current practices and housing law or ordinance in a manner be denied pursuant to§115.209. past performance comply with the that is substantially equivalent to the (b)Suspensicn based on agency performance standards described in Act. performance.(1)The Assistant S115-203. (2)Performance Improvement Plan.If Secretary may suspend the interim (5)Any additional information which the agency is not administering its law certification of an agency charged with the submitting official may wish to be or ordinance in a manner that is the administration of a fair housing law considered. substantially equivalent,the Assistant or ordinance if the Assistant Secretary