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

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• - 52 . Pederal;Re&ter.�.Vol.-6-1s-No.-I53*.4•-Wednesday,-August ;:r,199.64-Rules•..and-Regulations.-•41289 (3)During the period of a suspension assistance is designed to piovido ' , §115.303 Eligible activities For capacity the Assistant Secretary shall not refer support for. -building funds. : complaints to the agency.- (a)The processing of dual-filed The priarary purposes of capacity (4)Suspension under this paragraph complaints; building funding is to provide for also renders the agency ineligible to '(b)Training under the Fair Housing complaint activities and to support receive'Fair Housing Assistance . =: Act and the agencies'fair housing'law; activities that produce increased. Program Funds under subpart C of this (c)The provision of technical . awareness of fair housing rights and part,pending correction of the assistance; remedies.All such activities must deficiencies by the agency. (d)The creation and maintenance of ; + support the agencv's administration of (5)Before the and of the suspension, data and information systems;and.. - its fair housing law or ordinance and a final performance assessment will be (e)The development and address matters affecting fair housing provided to the Assistant Secretary enhancement of other fair housing which are cognizable under the Fair upon which a determination will be enforcement projects. Housing Act.HUD will periodically made as to the adequacy of the agency's §115.301 Agency eligibility criteria... publish a list of eligible activities in the performance. Any agency with certification or Federal Register. (c)HUD will provide an'agency with interim certification under subpart A of §115.304 Agencies eligible for notice of the specific reasons for the this part,and which has entered into a contributions funds. suspension of its certification and an MOU or interim agreement,is eligible to (a)An agency that has received CB opportunity to respond,in accordance participate in the FHAP. fur-ds for three consecutive years is with the procedures set forth in HUD issued guidance. §115.302 Capacity building funds. eligible for contributions funding. (a)Capac; building(CB)funds are Contributions finding consists of three §115.212 W ilhdrwai of certification. cats or-as: funds that HUD may provide to an (1�Complaint Processing(CP)funds; (a)If the Assistant Secretary finds,as agency with interim certification during (2)Administrative Costs(AQ funds; a result of a review undertaken in the agency's first three years of and accordance with this part,that the participation in the FHAP.Agencies (3)Special Enforcement Efforts(SEE) agency's fair housing lacy or ordinance receiving CB funds are not eligible to fmds(§115.305 sets forth the no longer meets the requirements of this receive contributions funds under requirements for SEE funding). part,the Assistant Secretary shall §115.304. i CP funds.(1)Agencies receiving propose to withdraw the certification (b)CB funds will be provided in a CP funds will receive such support previously granted. fired annual amount to be utilized for based solely on the number of (b)The Assistant Secretary will the eligible activities established complaints processed by the agency and propose withcrawal of certification pursuant to§115.303.However,in the accepted for payment by the Director of under paragraph(a)of this section second and third year of the agency's FHEO during a consecutive,specifically unless further review and information participation.in the FHAP.HUD has the identified.12-month period.No.-maLy or documentation establishes that the option to permit the agency to receive this period will be the previous yczr's current law and/or the agency's CB funding on a per case basis,rather funding cycle. administration of the law meets the than in a s in' annual amount. (2)Funding for agencies in their criteria set out in this part. (c)In order to receive CB funding, fourth year of participation in the FHAP (c)If the Assistant Secretary agencies vii)be required to submit a wit!be based on the number of determines.after appli-ration of the stat3ment of work which identifies: complaints acceptably processed by the criteria set forth in this part,that the (1)The objectives and activities to be agency during the agency's third year of state or local law or ordinance,in tamed out with the CB funds received; participation in the FHAP. operation,does not provide substantive (2)A plan for training all of the (c)Admir_iswative Cost(ACI funds.(1) rights,procedures,remedies,and agency's employees involved in the Agencies which acceptably process 100 availability of judicial review frr alleged administration of the agency's fair or more cases will receive no less than discriminatory housing practices which housing law or ordinance; 10 percent of the agency's annual FHAP are subs'antially equivalent to those (3)A smtement of the agency's payment amount for the preceding yea_, Provided in the Fair Housing Act,the intention to participate in HUD- in addition to case processing fiu ds, Assistant Secretary shall inform the sponsored gaining is accordance with contingent on fiscal year appropriations. State or local official in writing of the the training requirements set out in the Agencies that acceptably process fewer reasons for that determination. cooperative agreement; than 100 cases will receive a flat rate (4)A description of the agency's Subpart C--Fa contingent on fiscal year appropriations. C--Facer Housing assistance complaint processing data and (2)Agencies will be required to program (r..;,. ) information system or,alternatively, provide HUD with a statement othow §115.300 Purpose, whether the agency plans to use CB they intend to use the AC funds.HUD funds to purchase and install a data may require that some or all AC funding The purpose of the Fair Housing system;and be directed to activ,ties designed to Assistance Program(FHAP)is to (5)A description of any other fair create,modify,or inn-prove lgn_al. provide assistance to State and local fair housing activities that the agency will create'1,or modify,or al information housing enforcement agencies.The undertake with its CB funds.All such systems concerning fair housing matters intent of this funding program is to activities must address matters affecting (including the purchase of state of the build a coordinated intergovernmental fair housing enforcement which are computer systems and getting on line enforcement effort to further fair cognizable under the Fair Housing Act. or Internet access,etc.). hcusir.;and to encourage the agaticies Any activities which do not address the to assume a greater share of the implementation of the agency's fair §115.305 Special enforcement effort(SEE) responsibility for the administration and housing law or ordinance,and which funds. enforcement of their fair housing laws are therefore not cognizable under the (a) SEE funds are funds that HUD will and ordinances.This financial Fair Housing Act,will be disapproved. provide to an agency to enhance