HUD 24 CFR PART 115-2011 CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES《国家和本地公平住房执法机构的认证和资助》.pdf

1、682 24 CFR Subtitle B, Ch. I (4111 Edition) 110.30 In advertising the sale or rental of hous-ing. In the financing of housing. In the appraisal of housing. In the provision of real estate brokerage services. Blockbusting is also illegal. Anyone who feels he or she has been dis-criminated against sho

2、uld send a complaint to: U.S. Department of Housing and Urban De-velopment, Assistant Secretary for Fair Housing and Equal Opportunity, Wash-ington, DC 20410 or HUD Region or Area Office stamp (b) The Assistant Secretary for Equal Opportunity may grant a waiver per-mitting the substitution of a post

3、er prescribed by a Federal financial regu-latory agency for the fair housing post-er described in paragraph (a) of this section. While such waiver remains in effect, compliance with the posting re-quirements of such regulatory agency shall be deemed compliance with the posting requirements of this p

4、art. Such waiver shall not affect the applica-bility of all other provisions of this part. 37 FR 3429, Feb. 16, 1972, as amended at 40 FR 20079, May 8, 1975; 54 FR 3311, Jan. 23, 1989 Subpart CEnforcement 110.30 Effect of failure to display poster. Any person who claims to have been injured by a dis

5、criminatory housing practice may file a complaint with the Secretary pursuant to part 105 of this chapter. A failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice. 37 FR 3429, Feb. 16, 1972 PART 115CERTIFICATION

6、AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES Subpart AGeneral Sec. 115.100 Definitions. 115.101 Program administration. 115.102 Public notices. Subpart BCertification of Substantially Equivalent Agencies 115.200 Purpose. 115.201 The two phases of substantial equivalency certifica

7、tion. 115.202 Request for interim certification. 115.203 Interim certification procedures. 115.204 Criteria for adequacy of law. 115.205 Certification procedures. 115.206 Performance assessments; Perform-ance standards. 115.207 Consequences of interim certifi-cation and certification. 115.208 Proced

8、ures for renewal of certifi-cation. 115.209 Technical assistance. 115.210 Performance deficiency procedures; Suspension; Withdrawal. 115.211 Changes limiting effectiveness of agencys law; Corrective actions; Suspen-sion; Withdrawal; Consequences of re-peal; Changes not limiting effectiveness. 115.21

9、2 Request after withdrawal. Subpart CFair Housing Assistance Program 115.300 Purpose. 115.301 Agency eligibility criteria; Funding availability. 115.302 Capacity building funds. 115.303 Eligible activities for capacity build-ing funds. 115.304 Agencies eligible for contributions funds. 115.305 Speci

10、al enforcement effort (SEE) funds. 115.306 Training funds. 115.307 Requirements for participation in the FHAP; Corrective and remedial ac-tion for failing to comply with require-ments. 115.308 Reporting and recordkeeping re-quirements. 115.309 Subcontracting under the FHAP. 115.310 FHAP and the Firs

11、t Amendment. 115.311 Testing. AUTHORITY: 42 U.S.C. 360119; 42 U.S.C. 3535(d). SOURCE: 72 FR 19074, Apr. 16, 2007, unless otherwise noted. Subpart AGeneral 115.100 Definitions. (a) The terms Fair Housing Act, HUD, and the Department, as used in this part, are defined in 24 CFR 5.100. (b) The terms ag

12、grieved person, complainant, conciliation, con-ciliation agreement, discriminatory VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without

13、 license from IHS-,-,-683 Office of Asst. Secy., Equal Opportunity, HUD 115.101 housing practice, dwelling, handi-cap, person, respondent, sec-retary, and state, as used in this part, are defined in Section 802 of the Fair Housing Act (42 U.S.C. 3602). (c) Other definitions. The following definition

14、s also apply to this part: Act means the Fair Housing Act, as defined in 24 CFR 5.100. Assistant Secretary means the Assist-ant Secretary for Fair Housing and Equal Opportunity. Certified agency is an agency that has been granted certification by the As-sistant Secretary in accordance with the requi

15、rements of this part. Cooperative agreement is the instru-ment HUD will use to provide funds. The Cooperative Agreement includes attachments and/or appendices estab-lishing requirements relating to the operation and performance of the agen-cy. Cooperative agreement officer (CAO) is the administrator

16、 of the funds awarded pursuant to this part and is a regional director of the Office of Fair Housing and Equal Opportunity. Dual-filed complaint means a housing discrimination complaint that has been filed with both HUD and the agency that has been granted interim certifi-cation or certification by

17、the Assistant Secretary. FHAP means the Fair Housing As-sistance Program. FHEO means HUDs Office of Fair Housing and Equal Opportunity. FHEO regional director means a re-gional director of the Office of Fair Housing and Equal Opportunity. Fair housing law or Law refers to both state fair housing law

18、s and local fair housing laws. Final administrative disposition means an agencys completion of a case fol-lowing a reasonable cause finding, in-cluding, but not limited to, an agency- approved settlement or a final, admin-istrative decision issued by commis-sioners, hearing officers or administra-ti

19、ve law judges. Final administrative disposition does not include disposi-tions in judicial proceedings resulting from election or appeal. Government Technical Monitor (GTM) means the HUD staff person who has been designated to provide technical and financial oversight and evaluation of the FHAP gran

20、tees performance. Government Technical Representative (GTR) means the HUD staff person who is responsible for the technical admin-istration of the FHAP grant, the eval-uation of performance under the FHAP grant, the acceptance of technical re-ports or projects, the approval of pay-ments, and other s

21、uch specific respon-sibilities as may be stipulated in the FHAP grant. Impracticable, as used in this part, is when complaint processing is delayed by circumstances beyond the control of the interim or certified agency. Those situations include, but are not limited to, complaints involving complex i

22、ssues requiring extensive investiga-tions, complaints involving new and complicated areas of law that need to be analyzed, and where a witness is dis-covered late in the investigation and needs to be interviewed. Interim agency is an agency that has been granted interim certification by the Assistan

23、t Secretary. Ordinance, as used in this part, means a law enacted by the legislative body of a municipality. Statute, as used in this part, means a law enacted by the legislative body of a state. Testing refers to the use of an indi-vidual or individuals (testers) who, without a bona fide intent to

24、rent or purchase a house, apartment, or other dwelling, pose as prospective renters or purchasers for the purpose of gathering information that may indicate whether a housing provider is complying with fair housing laws. 115.101 Program administration. (a) Authority and responsibility. The Secretary

25、 has delegated the authority and responsibility for administering this part to the Assistant Secretary. (b) Delegation of Authority. The As-sistant Secretary retains the right to make final decisions concerning the granting and withdrawal of substantial equivalency interim certification and certific

26、ation. The Assistant Secretary delegates the authority and responsi-bility for administering the remainder VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00693 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netw

27、orking permitted without license from IHS-,-,-684 24 CFR Subtitle B, Ch. I (4111 Edition) 115.102 of this part to the FHEO regional di-rector. This includes assessing the per-formance of interim and certified agen-cies as described in 115.206. This also includes the offering of a Performance Improve

28、ment Plan (PIP) as described in 115.210 and the suspension of in-terim certification or certification due to performance deficiencies as de-scribed in 115.210. 115.102 Public notices. (a) Periodically, the Assistant Sec-retary will publish the following public notices in the FEDERAL REGISTER: (1) A

29、list of all interim and certified agencies; and (2) A list of agencies to which a with-drawal of interim certification or cer-tification has been proposed. (b) On an annual basis, the Assistant Secretary may publish in the FEDERAL REGISTER a notice that identifies all agencies that have received int

30、erim certification during the prior year. The notice will invite the public to com-ment on the state and local laws of the new interim agencies, as well as on the performance of the agencies in enforc-ing their laws. All comments will be considered before a final decision on certification is made. S

31、ubpart BCertification of Substantially Equivalent Agencies 115.200 Purpose. This subpart implements section 810(f) of the Fair Housing Act. The pur-pose of this subpart is to set forth: (a) The basis for agency interim cer-tification and certification; (b) Procedures by which a determina-tion is mad

32、e to grant interim certifi-cation or certification; (c) How the Department will evaluate the performance of an interim and cer-tified agency; (d) Procedures that the Department will utilize when an interim or cer-tified agency performs deficiently; (e) Procedures that the Department will utilize whe

33、n there are changes limiting the effectiveness of an interim or certified agencys law; (f) Procedures for renewal of certifi-cation; and (g) Procedures when an agency re-quests interim certification or certifi-cation after a withdrawal. 115.201 The two phases of substantial equivalency certification

34、. Substantial equivalency certification is granted if the Department deter-mines that a state or local agency en-forces a law that is substantially equivalent to the Fair Housing Act with regard to substantive rights, pro-cedures, remedies, and the availability of judicial review. The Department has

35、 developed a two-phase process of sub-stantial equivalency certification. (a) Adequacy of Law. In the first phase, the Assistant Secretary will de-termine whether, on its face, the fair housing law that the agency admin-isters provides rights, procedures, rem-edies, and the availability of judicial

36、review that are substantially equiva-lent to those provided in the federal Fair Housing Act. An affirmative con-clusion may result in the Department offering the agency interim certifi-cation. An agency must obtain interim certification prior to obtaining certifi-cation. (b) Adequacy of Performance.

37、 In the second phase, the Assistant Secretary will determine whether, in operation, the fair housing law that the agency administers provides rights, proce-dures, remedies, and the availability of judicial review that are substantially equivalent to those provided in the fed-eral Fair Housing Act. A

38、n affirmative conclusion will result in the Depart-ment offering the agency certification. 115.202 Request for interim certifi-cation. (a) A request for interim certifi-cation under this subpart shall be filed with the Assistant Secretary by the state or local official having principal responsibilit

39、y for the administration of the state or local fair housing law. The request shall be supported by the text of the jurisdictions fair housing law, the law creating and empowering the agency, all laws referenced in the juris-dictions fair housing law, any regula-tions and directives issued under the

40、law, and any formal opinions of the State Attorney General or the chief legal officer of the jurisdiction that VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00694 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or

41、networking permitted without license from IHS-,-,-685 Office of Asst. Secy., Equal Opportunity, HUD 115.204 pertain to the jurisdictions fair hous-ing law. A request shall also include or-ganizational information of the agency responsible for administering and en-forcing the law. (b) The request and

42、 supporting mate-rials shall be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 204102000. The Assistant Secretary shall forward a copy of the request and supporting materials to the appro

43、priate FHEO re-gional director. A copy of the request and supporting materials will be kept available for public examination and copying at: (1) The office of the Assistant Sec-retary; and (2) The office of the state or local agency charged with administration and enforcement of the state or local f

44、air housing law. (c) Upon receipt of a request, HUD will analyze the agencys fair housing law to determine whether it meets the criteria identified in 115.204. (d) HUD shall review a request for in-terim certification from a local agency located in a state with an interim cer-tified or certified sub

45、stantially equiva-lent state agency. However, in the re-quest for interim certification, the local agency must certify that the sub-stantially equivalent state law does not prohibit the local agency from ad-ministering and enforcing its own fair housing law within the locality. 115.203 Interim certi

46、fication proce-dures. (a) Upon receipt of a request for in-terim certification filed under 115.202, the Assistant Secretary may request further information necessary for a de-termination to be made under this sec-tion. The Assistant Secretary may con-sider the relative priority given to fair housing

47、 administration, as compared to the agencys other duties and re-sponsibilities, as well as the compat-ibility or potential conflict of fair housing objectives with these other du-ties and responsibilities. (b) If the Assistant Secretary deter-mines, after application of the criteria set forth in 115

48、.204, that the state or local law, on its face, provides sub-stantive rights, procedures, remedies, and judicial review procedures for al-leged discriminatory housing practices that are substantially equivalent to those provided in the Act, the Assist-ant Secretary may offer to enter into an Agreeme

49、nt for the Interim Referral of Complaints and Other Utilization of Services (interim agreement). The in-terim agreement will outline the pro-cedures and authorities upon which the interim certification is based. (c) Such interim agreement, after it is signed by all appropriate signatories, will result in the agency receiving in-terim certification. Appropriate sig-natories in