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

Browse Search

49 41286 Federal Register / Vol.. 61, No. 153 / Wednesday, .August 7, 1996 / Rules and Regulations that the state or local law limit the investigation,conciliation and .(2)Terms and conditions of applicability of any reasonable local. enforcement activities.The performance agreements and ciders issued; state or Federal restrictions regarding assessment will consider the following .; (3)Application of its authority to seek the maximum number of occupants to determine the effectiveness of an'.'. actual damages;as appropriate;and permitted to occupy a dwelling. . agenry's'fair housing complaint,_ (4)Application of its-authority to seek . (d)The state or local law may assure .. processing.consistent with such :. and assess civil penalties or punitive.. . that no prohibition based on. guidance as may be issued by HUD damages. discrimination because of familial status (1).The agency's.case'p=ocessing (d)Consistently and affirmatively applies to housing for older persons :- procedure s'; `='" seek and obtain the type of relief substantially as described in 24 CFR (2)The thoroughness of the agency's designed to prevent recurrences of such: part 100.subpart E. case processing; practices.The performance-assessment (e)A determination of the adequacy of (3)A review of cause andno cause will include,but not be limited to: . `. a state or local fair housing law"oa its determinations for quality of (1)An assessment of the types of face"is intended to'focus on the investigations and consistency with - relief sought and obtained by the agency meaning and intent of the text of the , approppriate standards; with consideration-of the inclusion of law,as distinguished from the l4)A review of conciliation affirmative provisions designed to agreements and other settlements;- protect the public interest• effectiveness of its administration. ~ • d Accordingly;this determination is not (5)A review of the agency's .. (2)The adequacy of the disposition of admire, rive closures;and the complaint; li mited to as analysis of the literal text the law but must take into account all (6)A review of the agency's (3)The relief sought and awarded; relevant matters of state or local law. enforcement procedures. (4)The number of complaints closed Regulations,directives.rules a (b)(1)Commence proceedings with with relief and the number closed �gu respect to�a complaint: without relief;and procedure,judicial decisions,or (t)Before the end of the 30th day after (5)Whether all the issues and bases ' interpretations of the fair housing law receipt; were investigated adequately and . by competent authorities will be - (u)Carry forward such proceedings apppropriately disposed of, considered in making this with reasonable promptness; (e)Consistently and affirmatively seek determination. (iii)Make final administrative the elimination of all prohibited (f)A law will be found inadequate disposition within one year;and practices under its fair housing law.An "on its face"if it permits any of the (iv)Within 100 days of receipt of the assessment under this standard will agency's decision-making authority to complaint complete the identified include,but not be limited to: be contracted out or delegated to a non-. proceedings. (1)A discussion and confirmation of. governmental authority.For the (2)To meet this standard,the the law or ordinance administered by purposes of this paragraph,"decision- performance assessment will consider the agency; making authority"shall include: the timeliness of the agency's actions (2)The identification of any (1)Acceptance of the complaint; with respect to its complaint processing, amendments,court decisions or other (2)Approval of the conciliation including,but not limited to: rulings or documentation that may agreement; U)Whether the agency began its affect the agency's ability to carry out (3)Dismissal of a complaint; processing of fair housing complaints provisions of its fair housing law or (4)Any action specified in within 30 days of receipt; ordinance; §§115.202(a)(2)(iii)or 115.202(b)(1); (ii)Whether the agency completes the (3)Identification of the education and and investigative activities with respect to a outreach efforts of the agency;and (5)Any decision-making regarding complaint within 100 days from the (4)Identification and discussion of whether the matter will or will not be date of receipt or,if it is-impracticable any special requirements of the fair pursued. to do so,notifies the parties in writing housing law or ordinance. (g)The state or local law must provide of the reason(s)for the delay; §115.204 Consequences of certification. for civil enforcement of the law or (iii)Whether the agency ordinance by an aggrieved person by the administratively disposes of a complaint (a)Whenever a complaint received by commencement-of an action in an within one year from the date of receipt the Assistant Secretary alleges appropriate court at least one year after or,if it is impracticable to do so,notifies violations of a state or local fair housing the occurrence or termination of an the parties in writing of the reasons for law or ordinance administered by an alleged discriminatory housing practice. the delay;and . agency that has been certified as The court must be empowered to: (iv)Whether the agency completed substantially equivalent,the complaint (1)Award the plaintiff actual and the investigation of the complaint and. will be referred to the agency,and no punitive damages; prepared a complete final investigative further action shall be taken by the (2)Grant as relief,as it deems report. - Assistant Secretary with respect to such appropriate,any temporary or (3)The performance assessment will complaint except as provided for by the permanent injunction,temporary also consider documented conciliation Act,this part,24 CFR part 103,subpart restraining order or other order;and attempts and activities and a.review of C.and any written agreements executed (3)Allow reasonable attorney's fees the bases for administrative disposition by the Agency and the Assistant and costs. of complaints. Secretary. (c)Conduct compliance reviews of (b)If HUD determines that a 1115.203 Performance standards. settlements,conciliation agreements complaint has not been processed in a A state or local fair housing and orders issued by or entered into to timely manner in accordance with the enforcement agency must meet all of the resolve discriminatory housing performance standards set forth in performance standards listed in this practices.The performance assessment §115.203,HUD may reactivate the section in order to obtain or maintain will include,but not be limited to: complaint,conduct its own certification. - (1)An assessment of the agency's investigation and conciliation efforts. (a)Engage in timely,comprehensive procedures for conducting compliance and make a determination consistent and thorough fair housing complaint reviews; with 24 CFR part 103.