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41282 Federal:Register'/ Vol. 61,•No. 1531-Wednesday, August'7,'•1996•/ Rules-and.Regiulations 45
<br /> DEPARTMENT OFMOUSING AND •Act;HUD shall refer the complaint to 'rule.First,this final rule cLuifies that an
<br /> URBAN DEVELOPMENT > that State or local agency.HUD has enforcement agency may not receive
<br /> implemented section 810(f)at 24-CFR Special Enforcement Effort(SEE)funds
<br /> 24 CFR Parts 111 and 115 part 115;whichestablishes the driteria- if it 3s currently on a Performance
<br /> the Secretary will utilize to certify State Improvement Plan(PIP),or if it has been
<br /> (Docket No.FR -F-O2j _.and local fair housing enforcement suspended during the.fiscal year in
<br /> - FUN 2529-AA60 agencies. _ - which SEE funds are sought.This rule
<br /> Section,817 of the Act provides that also•clarifies that HUD may Partially
<br /> Office of the Assistant Secretary for the Secretary may reimburse State and';' -leimburse zeinstated agencies for cases
<br /> Fair Housing and Equal.Opportunity; local fair housing enforcement agencies.-. ,processed during the suspension period.
<br /> Regulatory Reinvention;Certification -which assist the Secretary in enforcing Further,the final rule makes two
<br /> and Funding of State and Local Fair the Act:HUD has implemented section_';'.'amendments which will benefit
<br /> .Housing Enforcement Agencies 817 at 24 CFR part 111,which sets forth*.. enforcement agencies by.providing HUD
<br /> the requirements for participation in the, greater flexibility.Section IV.of
<br /> AGENCY:Office of the.Assistant Fair Housing Assistance Program- the preamble details these changes to
<br /> Secretary for Fair Housing and Equal (FHAP),Through the FHAP.HUD the Feb 28,1996 interim rule.
<br /> OPPo�mty.HUD• provides assistance to certified State' Additionally,this rule removes the
<br /> ACTION:Final rule. - and local fair housing enforcement = - unnecessarily codified preamble to the
<br /> SUMMARY•On February 28,1996(61 FR agencies..This assistance is designed to January 23,1989 final rule(54 FR 3232)
<br /> �' provide support for complaint implementing the Fair Housing
<br /> 7674),'HUD published for public processing. g;technical Amendments Act of 1988(42 U.S.C.
<br /> comment an interim rule streamlining assistance,data and information �• 3601 et seq.).This preamble is codified
<br /> its regulations governing the systems,and other fair housing projects. is title 24 as a endix I to subchapter
<br /> certification and funding of State and .. On February 28,1996(61 FR 7674),`. A of chapter I.The preamble,although
<br /> local fair housing enforcement agencies. HUD published for public comment an it provides helpful information to
<br /> Previously,the requirements for - interim rule streamlining its regulations readers,is readily available through
<br /> substantially equivalent certification governing the certification and funding other means and does not merit
<br /> and participation in the Fair Housing of State and local fair housing inclusion in the CFR.The removal of
<br /> Assistance Program had been set forth enforcement agencies.Specifically,the " this codified preamble will assist in
<br /> in different parts of title 24.The rule consolidated parts 111 and 115. HUD's efforts to streamline the contents
<br /> February 28,1996 interim rule This consolidation permitted HUD to of title 24.
<br /> consolidated these regulations,thus provide all necessary requirements for
<br /> providing all necessary requirements in- "substantially equivalent"certification III.Discussion of the Public Comments
<br /> a single part and eliminating _ and FHAP participation in a single part. on the February 28,1996 Interim Rule
<br /> redundancy from title 24.This rule The February 28,1996 interim rule A. The Suspension and Withdrawal of
<br /> finalizes the policies and procedures set described in detail the amendments Certification Provisions Should be
<br /> forth in the February 28,1996 interim made to 24 CFR parts 111 and 115. Revised
<br /> rule and takes into consideration the
<br /> public comments received an the II.This Final Rule Comment.Section 115.211 provided
<br /> interim rule.Further,this rule removes This rule finalizes the policies and that HUD would suspend an
<br /> from title 24 the unnecessarily codified procedures set forth in the February 28, enforcement agency's certification if
<br /> preamble to the final rule implementing 1996 interim rule and takes into HUD had reason to believe that:(1)A
<br /> the Fair Housing Amendments Act of consideration the public comments change in law,regulation.or procedure
<br /> 1988. submitted on the interim rule.The had limited the effectiveness of the
<br /> EFFECTIVE DATE:September 6,1996. public comment period on the interim agency to enforce its fair housing late or
<br /> "FOR FURTHER INFORMATION CONTACT: rule expired on April 29,1996.Two ordinance;or(2)the enforcement
<br /> Marcella Brown,Director,Fair Housing comments were received. agency's performance did not comply
<br /> Assistance Program Division,Office of This final rule makes three changes to with 24 CFR part 113.If HUD's
<br /> Fair Housing and Equal Opportunity, the interim rule in response to public subsequent review demonstrated that
<br /> Room 5216,Department of Housing and comment.First,the final rule the agency no longer complied with the
<br /> Urban Development,451 Seventh Street, establishes a 180-day limit on requirements of part 115,HUD would
<br /> SW,Washington,DC 20410,telephone suspensions based on changes in the withdraw the agency's certification.
<br /> (202) 708-0455.(This is not a toll-free law..Further,this final rule references Secticn 115.212 set forth the procedures
<br /> number.)Hearing-or speech-impaired the non-regulatory procedures which governing withdrawal of certification.
<br /> individuals may access this number via
<br /> require that HUD.provide an agency One of the commenters was strongiv
<br /> TTY by calling the toll-free Federal with notice and an opportunity to opposed to§§115.211 and 115.212.The
<br /> Information Relay Service at decal respond before suspension.The rule commenter believed the conditions
<br /> Inform 39. also clarifies the definition of"covered triggering suspension were vague and
<br /> multifamily dwellings"set forth in the might lead to arbitrary suspensions.
<br /> SUPPLEMENTARY INFORMATION: February 28,1996 interim rule.Section Further,the commenter suggested that
<br /> I.The February 28,1996 Interim Rule M.of this preamble presents a summary §115.211 be revised to require that HUD
<br /> of the significant issues raised by the provide an agency with notice and an
<br /> The Fair Housing Act(42 U.S.C. public commenters on the February 28, opportunity to respond before
<br /> 3601-3619) (the Act)provides that 1996 interim rule,and HUD's responses suspension.This commenter also
<br /> whenever a complaint.alleges a to these comments. recommended that HLID establish a time
<br /> discriminatory housing practice,arising In addition to the revisions made in limit on suspensions based on changes
<br /> in the jurisdiction of a State or local response to public comment.HUD in the law.The commenter noted that
<br /> agency which has been certified by the determined it was necessary to make the interim rule imposed a 180-day limit
<br /> Secretary under section 810(f)of the several other changes to the interim on suspensions based on the agency s
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