1997 S HR & R - Cooperative Agreement with US Dept of Housing and Urban Development

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46 Federal Register./ Vaal. '61,.No. •153 / Wednesday;-August 7, 1996 / Rules and Regulations 41283 performance.This commenter believed meanings of"covered 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 during the 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- : the fiscal year is which SEE funds are .. formerly suspended agencies for cases' provides a clear.deEnition of the term being sought.HUD wishes to note that processed during the suspension period. 'covered multifamily dwellings.". I. agencies ineligible for SEE funding may The commenter wrote that agencies Paragraph 1a)(5)of§115.202 required still,if otherwise eligible,apply for should also be reimbuised for lost - that the agency's fair housing law or Complaint Processing funds,and special grant funding and the costs of.... ordinance'.'(p)rovide the same ;. Administrative Cost funds. halted investigations. = . protections as those afforded by section B Partial Reimbursement of Reinstated HUD Response.HUD disagrees with. 804' ' ' of the Act."This reference to several of the assertions made b the A envies . y section 804 encompassed-the statutory g commenter.For example;the interim definition of"covered multifamily As discussed in section-lII.A.of this rule was sufficiently clear regarding the • dwellings."It is,therefore,unnecessary preamble,the February 28,1996 interim conditions which might lead to an 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 .. simply removes 24 CFR during the agency's suspension period. necessarily increase HUD's' - 115.202(a)(5)(ii). HUD may 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 will 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 the 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 Fund Eligibility mandated that HUD suspend an agency law to 180 days. , if the conditions set forth in§§115.208 The commenter's recommendations Section 115.,65 set forth the in solelv concerned the suspension and eligibility requirements for Special certain2circumstances,wi h toD p withdrawal of certification procedures Enforcement Efforts(SEE)funds.SEE postpone P funds are awarded to enforcement the suspension of such an agency.The at§§115.211 and 115.212.However: interim rule denied this ability to HUD. HUD has also revised§115.208,which agencies with proven experience and governs interim certification,to capability in administering their fair This final rule provides HUD with the g housing laws and ordinances. required flexibility by revising reference the non-regulatory guidance and to establish the 180-day limit.HUD Accordingly,paragraphs(a)(1)through H 115.208 and spend 115.211 to state that believes the issues raised by the (a)(6)of§115.305 established fairly HUD"may"suspend an agency if the commenter are equally applicable to strict eligibility criteria.For example,24 suspension conditions are ted th ed. q Y PP The interim rule prohibited the agencies with interim certification. CPR 115.305(a)(3)required that: g - reimbursement of an agency who ryas Further,these revisions are necessary to (31 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 relief for the complainant as well as remedial complied with the performance 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 prior to a determination that buildings consisting of four or more (5)The agency's the requirements of§115.203 are g c}r's ad:aiaistratina of its fair satisfied. units if such buildings have one or more housing law or ordinance received elevators and ground floor units in other meritorious 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 fundin;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