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

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48 Federal Register / Vol. .61; No. 153 1 .Wednesday, August 7., 1996 1 Rules and Regulations 41285 Secretary reiafris the righi to make final $115.202. Criteria for adequacy of law. discourage the filing of complaints,such decisions concerning the granting and (a)In order fora 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 nottees. - face,provides rights and remedies for than 180 days after an alleged alleged discriminatoryhousing 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 laver or (ff)Anti-testing provisions; public notices in the Federal Register. ordinance must: (iii)Provisions that could.subject a (1)A list of all agencies which have (1)Provide for an administrative complainant to costs,criminal penalties interim certification or 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: com Vim•' of denial of interim certification has - (f)Complaints must be in writing; (4rNot 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 fors 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 is paragraph(a)of this section;the its law.All comments 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: Substantially Equivalent Agencies to a complaint. (f)Grant or seek prompt judicial (2)Delegate to the administrative action for appropriate temporary or § 115.200 Purpose. $ enforcement body comprehensive preliminary relief pending final This subpart implements section authority,including subpoena power,to disposition of a complaint if such action 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: the law or ordinance; complaints,and power to conciliate (a)The basis for agency interim (ii)Issue and seek enforceable certification and certification; complaints,and require that: subpoenas; (b)The procedure by which a (i)The agency commence proceedings (iii)Grant actual damages in an with respect to the complaint before the administrative proceeding or provide Assidetermination ant Secretary; is made by the end of the 30th day after receipt of the adjudication in court at agency expense ary; 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 gSn p (d)The basis and procedures for uit Grant injunctive a other withdrawal of certification; complete the investigation within the equitable relief,or be specifically 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 interim 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 §115.201 Basis of determination. 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 aggrieved 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