1997 Humar Rights & Relations - US Dept of Housing and Urban Development cooperative agreement

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rr A 53 41290 Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations enforcement activities of the agency's sponsored training.Agency initiated (a)How the agency used the FHAP fair hauling law or ordinance.SEE - training or other formalized training funds received; — funds will be a maximum of 20%of the may be included in this cate£nry. (b)Whether its-draw-down of funds agency's total FHAP cooperative" ' However,such training must first be - was timely; - agreement for the previous contract approved by the Cooperative Agreement (c)Whether the agency has been year,based on approval of eligible Officer(CAO)and the Govemment audited and received copies of the audit activity or activities,and based on the' Technical Representative(GTR). - reports in accordance with applicable appropriation of funds.All agencies Specifics on the amount of training rules and regulations for State and local receiving contributions funds are funds that an agency will reeeive and, governmental entities;and eligible to receive SEE funds if they if applicable,amounts that may be (d)If the agency complied with all meet three of the six criteria set out in deducted,will be set out in the certifications and assurances required paragraphs(a)(1)through(6): cooperative agreement each year. by HUD in the cooperative agreement. (1)The agency has taken action to (b)All staff of the agency responsible y 115.309 Reporting and recardiceeping enforce a subpoena or make use of its for the administration of the fair §requirements.115. 9 Re prompt judicial action authority within housing law or ordinance must (a)The agency shall establish and the(25aThe agency has held at least one sponsored by HUD at the natt�ional and g m��records demonstrating: administrative hearing or has had at field office levels.If the agency does not (1)Its financial administration of the least one case on a court's docket for participate in the mandatory FHAP funds;and civil proceedings during the past year. and field office HUD-sponsored (2)Its performance under the FHAP. (3)At least ten percent of the agency's training,training funds will be deducted re In accordance with the cooperative fair housing caseload resulted in written from their overall training amount. agreement in effect y Wil between the agency and HUD,the agency will provide to conciliation agreements providing HUD the agency reports maintained monetary relief for the complainant as §115.307 Additional requirements for well as remedial action,monitoring, Participation in the FHAP. p ursuant to paragraph(a)of this section. g (a)Agencies which participate in the The agency will provide reports to HUD reporting and public interest relief FHAP must: in accordance with the cooperative provisions. (1)Conform to reporting and record agreement in effect between the agency (4)The agency has had the most maintenance requirements determined and HUD for frequency and content, recent three years,or is currently by the Assistant Secretary regarding complaint processing, t handling,at least one major fair housing (2)Agree to on-site clinical training,data and information systems, systemic investigation requiring an assistance and guidance and enforcement and other activities exceptional amount of expenditure of . implementation of corrective actions set explaining how FHAP funds were funds. out by the Department in response to expended and used. (5)The agency's administration of its deficiencies found during the technical (c)The agency will permit reasonable fair housing law or ordinance received assistance or performance assessment public access to its records,consistent meritorious mention for its complaint evaluations of the agency's operations; with the jurisdiction's requirements for processing or other fair housing (3)Agree to implement and adhere to release of information.Documents activities that were innovative. policies and procedures(as their laws relevant to the agency's participation in (6)The agency must have fully and ordinances will allow)provided to FHAP must be made available at the investigated 10 fair housing complaints the agencies by the Assistant Secretary, agency's office during normal working during the previous funding year. including but not limited to guidance on hours(except that documents with (b)Notwithstanding the eligibility investigative techniques,case file respect to ongoing fair housing criteria set forth in paragraph(a)of this preparation and organization, complaint investigations are exempt section,an agency is ineligible for SEE implementation of data elements for from public review consistent with funds if- corn laint tracking,etc.; Federal and/or State law).- (1)Twenty percent or more of an (4FSpend at least twenty(20)percent (d)The Secretary,the Inspector agency's fair housing complaints result of its total annual budget on fair housing General of HUD,and the Comptroller in administrative closures;or activities:and General of the United States,or any of (2)The agency is currently on a PIP, (5)Not unilaterally reduce the level of their duly authorized representatives, or if its interim certification or financial resources currently committed shall have access to all pertinent books, certification has been suspended during to fair housing complaint processing accounts,reports,files,and other the fiscal year in which SEE funds are (budget and staff reductions or other payments for surveys,audits, sought. actions outside the control of the agency examinations,excerpts,and transcripts (c)SEE funding amounts are subject will.not,alone,result in a negative as they relate to the agency's to the FHAP appropriation by Congress determination for the agency's participation in FHAP. and will be described in writing in the pupation in the FHAP). (e)All files will be kept in such cooperative agreements annually.HUD (b)The agency's refusal to provide fashion as to permit audits under will periodically publish a list of information,assist in implementation, applicable procurement regulations and activities eligible for SEE funding in the or carry out the requirements of guidelines and the Single Audit Federal Register. paragraph(a)of this section may result requirements for State and local §115.306 Training funds. in the denial or interruption of its agencies. P.':1 agencies are eligible to receive receipt of FHAP funds. (f)The FHAP financial records and files will be kept at least three years on- funds.Training funds are fixed J115.308 Standards for FHAP program site after any cooperative agreement has s based on the number of agency review. terminated. eeL to be trained and shall be HUD will conduct reviews of the based on the FHiAP agency's cooperative agreement §115.310 Subcontracting under the FHAP. .appropriation.Training funds may be implementation.This review will also If an agency subcontracts to a public used only for HUD-approved or HUD- identify: or private agency any activity for which