HUD 24 CFR PART 103-2011 FAIR HOUSING COMPLAINT PROCESSING《公平住房 投诉处理》.pdf

1、657 Office of Asst. Secy., Equal Opportunity, HUD Pt. 103 (4) For purposes of this section, a per-son means a natural person. (5) A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing fa-cility or community does not, or will not, qualify as hous

2、ing for persons 55 years of age or older. Such a person will be ineligible for the good faith de-fense regardless of whether the person received the written assurance de-scribed in paragraph (b) of this section. 64 FR 16330, Apr. 2, 1999 Subpart FInterference, Coercion or Intimidation 100.400 Prohib

3、ited interference, coer-cion or intimidation. (a) This subpart provides the Depart-ments interpretation of the conduct that is unlawful under section 818 of the Fair Housing Act. (b) It shall be unlawful to coerce, in-timidate, threaten, or interfere with any person in the exercise or enjoy-ment of,

4、 or on account of that person having exercised or enjoyed, or on ac-count of that person having aided or encouraged any other person in the ex-ercise or enjoyment of, any right granted or protected by this part. (c) Conduct made unlawful under this section includes, but is not limited to, the follow

5、ing: (1) Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that per-son in connection with the sale or rent-al of a dwelling or in connection with a residential real estate-related trans-action because of race, color, religion, sex, handicap, fam

6、ilial status, or na-tional origin. (2) Threatening, intimidating or interfering with persons in their enjoy-ment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such per-sons, or of visitors or associates of such persons. (3) Threatening an e

7、mployee or agent with dismissal or an adverse employ-ment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-re-lated transaction, because of the race, color, religion

8、, sex, handicap, familial status, or national origin of that per-son or of any person associated with that person. (4) Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights g

9、rant-ed or protected by this part. (5) Retaliating against any person be-cause that person has made a com-plaint, testified, assisted, or partici-pated in any manner in a proceeding under the Fair Housing Act. PART 103FAIR HOUSING COMPLAINT PROCESSING Subpart APurpose and Definitions Sec. 103.1 Purp

10、ose and applicability. 103.5 Other civil rights authorities. 103.9 Definitions. Subpart BComplaints 103.10 What can I do if I believe someone is discriminating against me in the sale, rental, finance, or advertisement of hous-ing? 103.15 Can I file a claim if the discrimina-tion has not yet occurred

11、? 103.20 Can someone help me with filing a claim? 103.25 What information should I provide to HUD? 103.30 How should I bring a claim that I am the victim of discrimination? 103.35 Is there a time limit on when I can file? 103.40 Can I change my complaint after it is filed? Subpart CReferral of Compl

12、aints to State and Local Agencies 103.100 Notification and referral to substan-tially equivalent State or local agencies. 103.105 Cessation of action on referred com-plaints. 103.110 Reactivation of referred complaints. 103.115 Notification upon reactivation. Subpart DInvestigation Procedures 103.20

13、0 Investigations. 103.201 Service of notice on aggrieved per-son. 103.202 Notification of respondent; joinder of additional or substitute respondents. 103.203 Answer to complaint. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00667 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DS

14、K8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-658 24 CFR Subtitle B, Ch. I (4111 Edition) 103.1 103.204 HUD complaints and compliance re-views. 103.205 Systemic processing. 103.215 Conduct of investigation. 103.220 Cooperation

15、of Federal, State and local agencies. 103.225 Completion of investigation. 103.230 Final investigative report. Subpart EConciliation Procedures 103.300 Conciliation. 103.310 Conciliation agreement. 103.315 Relief sought for aggrieved persons. 103.320 Provisions sought for the public in-terest. 103.3

16、25 Termination of conciliation efforts. 103.330 Prohibitions and requirements with respect to disclosure of information ob-tained during conciliation. 103.335 Review of compliance with concilia-tion agreements. Subpart FIssuance of Charge 103.400 Reasonable cause determination. 103.405 Issuance of c

17、harge. 103.410 Election of civil action or provision of administrative proceeding. Subpart GPrompt Judicial Action 103.500 Prompt judicial action. Subpart HOther Action 103.510 Other action by HUD. 103.515 Action by other agencies. AUTHORITY: 42 U.S.C. 3535(d), 36003619. SOURCE: 54 FR 3292, Jan. 23,

18、 1989, unless otherwise noted. Subpart APurpose and Definitions 103.1 Purpose and applicability. (a) This part contains the procedures established by the Department of Hous-ing and Urban Development for the in-vestigation and conciliation of com-plaints under section 810 of the Fair Housing Act, 42

19、U.S.C. 3610. (b) This part applies to: (1) Complaints alleging discrimina-tory housing practices because of race, color, religion, sex or national origin; and (2) Complaints alleging discrimina-tory housing practices on account of handicap or familial status occurring on or after March 12, 1989. (c)

20、 Part 180 of this chapter governs the administrative proceedings before an administrative law judge adjudi-cating charges issued under 103.405. (d) The Department will reasonably accommodate persons with disabilities who are participants in complaint processing. 54 FR 3292, Jan. 23, 1989, as amended

21、 at 62 FR 66433, Dec. 18, 1997 103.5 Other civil rights authorities. In addition to the Fair Housing Act, other civil rights authorities may be applicable in a particular case. Thus, where a person charged with a dis-criminatory housing practice in a com-plaint filed under section 810 of the Fair Ho

22、using Act is also prohibited from engaging in similar practices under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d2000d5), section 109 of the Housing and Community De-velopment Act of 1974 (42 U.S.C. 5309), Executive Order 11063 of November 20, 1962, on Equal Opportunity in Housing (27

23、FR 1152711530, November 24, 1962), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimina-tion Act (42 U.S.C. 6101) or other appli-cable law, the person may also be sub-ject to action by HUD or other Federal agencies under the rules, regulations, and procedures prescribed

24、under title VI (24 CFR parts 1 and 2), section 109 (24 CFR 570.602), Executive Order 11063 (24 CFR part 107), section 504 (24 CFR part 8), or other applicable law. 103.9 Definitions. The terms Fair Housing Act, General Counsel, and HUD are defined in 24 CFR part 5. Aggrieved person includes any pers

25、on who: (a) Claims to have been injured by a discriminatory housing practice; or (b) Believes that such person will be injured by a discriminatory housing practice that is about to occur. Assistant Secretary means the Assist-ant Secretary for Fair Housing and Equal Opportunity in HUD. Attorney Gener

26、al means the Attorney General of the United States. Complainant means the person (in-cluding the Assistant Secretary) who files a complaint under this part. Conciliation means the attempted res-olution of issues raised by a complaint, or by the investigation of a complaint, VerDate Mar2010 08:31 Apr

27、 29, 2011 Jkt 223077 PO 00000 Frm 00668 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-659 Office of Asst. Secy., Equal Opportunity, HUD 103.25 through informal negotiations

28、 involv-ing the aggrieved person, the respond-ent, and the Assistant Secretary. Conciliation agreement means a writ-ten agreement setting forth the resolu-tion of the issues in conciliation. Discriminatory housing practice means an act that is unlawful under section 804, 805, 806 or 818 of the Fair

29、Housing Act, as described in part 100. Dwelling means any building, struc-ture, or portion thereof which is occu-pied as, or designed or intended for oc-cupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the con-struction or location thereon of

30、 any such building, structure, or portion thereof. Person includes one or more individ-uals, corporations, partnerships, asso-ciations, labor organizations, legal rep-resentatives, mutual companies, joint- stock companies, trusts, unincor-porated organizations, trustees, trustee in cases under title

31、 11 U.S.C., receivers and fiduciaries. Personal service means handing a copy of the document to the person to be served or leaving a copy of the docu-ment with a person of suitable age and discretion at the place of business, resi-dence or usual place of abode of the person to be served. Receipt of

32、notice means the day that personal service is completed by hand-ing or delivering a copy of the docu-ment to an appropriate person or the date that a document is delivered by certified mail. Respondent means: (a) The person or other entity ac-cused in a complaint of a discrimina-tory housing practic

33、e; and (b) Any other person or entity identi-fied in the course of investigation and notified as required under 103.50. State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States. Substantially equi

34、valent State or local agency means a State or local agency certified by HUD under 24 CFR part 115 (including agencies certified for in-terim referrals). To rent includes to lease, to sublease, to let, and otherwise to grant for con-sideration the right to occupy premises not owned by the occupant. 5

35、4 FR 3292, Jan. 23, 1989, as amended at 61 FR 5205, Feb. 9, 1996 Subpart BComplaints 103.10 What can I do if I believe someone is discriminating against me in the sale, rental, finance, or advertisement of housing? You can notify HUD if you believe there has been discrimination against you in any ac

36、tivity related to housing because of race, color, religion, na-tional origin, sex, disability, or the presence of children under the age of 18 in a household. 64 FR 18540, Apr. 14, 1999 103.15 Can I file a claim if the dis-crimination has not yet occurred? Yes, you may file a claim with HUD if you h

37、ave knowledge that a discrimi-natory action is about to occur. 64 FR 18540, Apr. 14, 1999 103.20 Can someone help me with fil-ing a claim? HUDs Office of Fair Housing and Equal Opportunity can help you in fil-ing a claim, if you contact them di-rectly. You, or anyone who acts for you, may also ask a

38、ny HUD office or an organization, individual, or attorney to help you. 64 FR 18540, Apr. 14, 1999 103.25 What information should I provide to HUD? You should provide us with: (a) Your name, address, and tele-phone numbers where you can be reached; (b) The name and address of the per-sons, businesses

39、, or organizations you believe discriminated against you; (c) If there is a specific property in-volved, you should provide the prop-ertys address and physical description, such as apartment, condominium, house, or vacant lot; and (d) A brief description of how you were discriminated against in an a

40、ctiv-ity related to housing. You should in-clude in this description the date when the discrimination happened and why VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00669 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduc

41、tion or networking permitted without license from IHS-,-,-660 24 CFR Subtitle B, Ch. I (4111 Edition) 103.30 you believe the discrimination oc-curred because of race, color, religion, national origin, sex, disability, or the presence of children under the age of 18 in a household. 64 FR 18540, Apr.

42、14, 1999 103.30 How should I bring a claim that I am the victim of discrimina-tion? (a) You can file a claim by mail or telephone with any of HUDs Offices of Fair Housing and Equal Opportunity or with any State or local agency that HUD has certified to receive com-plaints. (b) You can call or go to

43、any other HUD office for help in filing a claim. These offices will send your claim to HUDs Office of Fair Housing and Equal Opportunity, which will contact you about the filing of your complaint. 64 FR 18540, Apr. 14, 1999 103.35 Is there a time limit on when I can file? Yes, you must notify us wit

44、hin one year that you are a victim of discrimi-nation. If you indicate that there is more than one act of discrimination, or that the discrimination is continuing, we must receive your information within one year of the last incident of discrimination. 64 FR 18540, Apr. 14, 1999 103.40 Can I change

45、my complaint after it is filed? (a) Yes, you may change your fair housing complaint: (1) At any time to add or remove peo-ple according to the law and the facts; or (2) To correct other items, such as to add additional information found dur-ing the investigation of the complaint. (b) You must approv

46、e any change to your complaint; we will consider the changes made as of the date of your original complaint. 64 FR 18540, Apr. 14, 1999 Subpart CReferral of Complaints to State and Local Agencies 103.100 Notification and referral to substantially equivalent State or local agencies. (a) Whenever a co

47、mplaint alleges a discriminatory housing practice that is within the jurisdiction of a substan-tially equivalent State or local agency and the agency is certified or may ac-cept interim referrals under 24 CFR part 115 with regard to the alleged dis-criminatory housing practice, the As-sistant Secret

48、ary will notify the agen-cy of the filing of the complaint and refer the complaint to the agency for further processing before HUD takes any action with respect to the com-plaint. The Assistant Secretary will notify the State or local agency of the referral by certified mail. (b) The Assistant Secre

49、tary will no-tify the aggrieved person and the re-spondent, by certified mail or personal service, of the notification and referral under paragraph (a) of this section. The notice will advise the aggrieved person and the respondent of the aggrieved persons right to commence a civil ac-tion under section 813 of the Fair Hous-ing Act in an appropriate United States District Court, not later than two years after the occurrenc