1、699 Office of Asst. Secy., Equal Opportunity, HUD 125.103 Departments housing and urban devel-opment programs and activities in a manner affirmatively to further these policies and to collect certain data to assess the extent of compliance with these policies. 121.2 Furnishing of data by program par
2、ticipants. Participants in the programs admin-istered by the Department shall fur-nish to the Department such data con-cerning the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, par-ticipants in, or beneficiari
3、es or poten-tial beneficiaries of, those programs as the Secretary may determine to be necessary or appropriate to enable him or her to carry out his or her respon-sibilities under the authorities referred to in 121.1. PART 125FAIR HOUSING INITIATIVES PROGRAM Sec. 125.103 Definitions. 125.104 Progra
4、m administration. 125.105 Application requirements. 125.106 Waivers. 125.107 Testers. 125.201 Administrative Enforcement Initia-tive. 125.301 Education and Outreach Initiative. 125.401 Private Enforcement Initiative. 125.501 Fair Housing Organizations Initia-tive. AUTHORITY: 42 U.S.C. 3535(d), 3616
5、note. SOURCE: 60 FR 58452, Nov. 27, 1995, unless otherwise noted. 125.103 Definitions. In addition to the definitions that ap-pear at section 802 of title VIII (42 U.S.C. 3602), the following definitions apply to this part: Assistant Secretary means the Assist-ant Secretary for Fair Housing and Equa
6、l Opportunity in the Department of Housing and Urban Development. Expert witness means a person who testifies, or who would have testified but for a resolution of the case before a verdict is entered, and who qualifies as an expert witness under the rules of the court where the litigation funded by
7、this part is brought. Fair housing enforcement organization (FHO) means any organization, wheth-er or not it is solely engaged in fair housing enforcement activities, that (1) Is organized as a private, tax-ex-empt, nonprofit, charitable organiza-tion; (2) Is currently engaged in complaint intake, c
8、omplaint investigation, test-ing for fair housing violations and en-forcement of meritorious claims; and (3) Upon the receipt of FHIP funds will continue to be engaged in com-plaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims. The Depart
9、ment may request an or-ganization to submit documentation to support its claimed status as an FHO. FHIP means the Fair Housing Initia-tives Program authorized by section 561 of the Housing and Community De-velopment Act of 1987 (42 U.S.C. 3616 note). Meritorious claims means enforcement activities b
10、y an organization that re-sulted in lawsuits, consent decrees, legal settlements, HUD and/or substan-tially equivalent agency (under 24 CFR 115.6) conciliations and organization initiated settlements with the outcome of monetary awards for compensatory and/or punitive damages to plaintiffs or compla
11、ining parties, or other affirma-tive relief, including the provision of housing. Qualified fair housing enforcement or-ganization (QFHO) means any organiza-tion, whether or not it is solely en-gaged in fair housing enforcement ac-tivities, that (1) Is organized as a private, tax-ex-empt, nonprofit,
12、charitable organiza-tion; (2) Has at least 2 years experience in complaint intake, complaint investiga-tion, testing for fair housing violations and enforcement of meritorious claims; and (3) Is engaged in complaint intake, complaint investigation, testing for fair housing violations and enforce-men
13、t of meritorious claims at the time of application for FHIP assistance. For the purpose of meeting the 2-year qualification period for the activities VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00709 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided
14、by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-700 24 CFR Subtitle B, Ch. I (4111 Edition) 125.104 included in paragraph (2) of this defini-tion, it is not necessary that the ac-tivities were conducted simulta-neously, as long as each activity was conducted
15、for 2 years. It is also not necessary for the activities to have been conducted for 2 consecutive or continuous years. An organization may aggregate its experience in each activ-ity over the 3 year period preceding its application to meet the 2-year quali-fication period requirement. The Department
16、may request an or-ganization to submit documentation to support its claimed status as a QFHO. Title VIII means title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 36003620), commonly cited as the Fair Housing Act. 60 FR 58452, Nov. 27, 1995, as amended at 61 FR 5206, Feb. 9, 1996 125.1
17、04 Program administration. (a) FHIP is administered by the As-sistant Secretary. (b) FHIP funding is made available under the following initiatives: (1) The Administrative Enforcement Initiative; (2) The Education and Outreach Ini-tiative; (3) The Private Enforcement Initia-tive; and (4) The Fair Ho
18、using Organizations Initiative. (c) FHIP funding is made available in accordance with the requirements of the authorizing statute (42 U.S.C. 3616 note), the regulation in this part, and Notices of Funding Availability (NOFAs), and is awarded through a grant or other funding instrument. (d) Notices o
19、f Funding Availability under this program will be published periodically in the FEDERAL REGISTER. Such notices will announce amounts available for award, eligible applicants, and eligible activities, and may limit funding to one or more of the Initia-tives. Notices of Funding Availability will inclu
20、de the specific selection cri-teria for awards, and will indicate the relative weight of each criterion. The selection criteria announced in Notices of Funding Availability will be de-signed to permit the Department to target and respond to areas of concern, and to promote the purposes of the FHIP i
21、n an equitable and cost efficient manner. (e) All recipients of FHIP funds must conform to reporting and record main-tenance requirements determined ap-propriate by the Assistant Secretary. Each funding instrument will include provisions under which the Department may suspend, terminate or recapture
22、 funds if the recipient does not conform to these requirements. (f) Recipients of FHIP funds may not use such funds for the payment of ex-penses in connection with litigation against the United States. (g) All recipients of funds under this program must conduct audits in ac-cordance with part 44 or
23、part 45, as ap-propriate, of this title. 125.105 Application requirements. Each application for funding under the FHIP must contain the following information, which will be assessed against the specific selection criteria set forth in a Notice of Funding Avail-ability. (a) A description of the pract
24、ice (or practices) that has affected adversely the achievement of the goal of fair housing, and that will be addressed by the applicants proposed activities. (b) A description of the specific ac-tivities proposed to be conducted with FHIP funds including the final prod-uct(s) and/or any reports to b
25、e pro-duced; the cost of each activity pro-posed; and a schedule for completion of the proposed activities. (c) A description of the applicants experience in formulating or carrying out programs to prevent or eliminate discriminatory housing practices. (d) An estimate of public or private resources
26、that may be available to as-sist the proposed activities. (e) A description of the procedures to be used for monitoring conduct and as-sessing results of the proposed activi-ties. (f) A description of the benefits that successful completion of the project will produce to enhance fair housing, and th
27、e indicators by which these bene-fits are to be measured. (g) A description of the expected long term viability of project results. (h) Any additional information that may be required by a Notice of Funding VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00710 Fmt 8010 Sfmt 8010 Y:SGML223
28、077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-701 Office of Asst. Secy., Equal Opportunity, HUD 125.301 Availability published in the FEDERAL REGISTER. (Approved by the Office of Management and Budget
29、 under control number 25290033. An agency may not conduct or sponsor, and a person is not required to respond to, a collec-tion of information unless the collection dis-plays a valid control number.) 125.106 Waivers. Upon determination of good cause, the Assistant Secretary may waive, in a published
30、 Notice of Funding Avail-ability or other FEDERAL REGISTER no-tice, any requirement in this part that is not required by statute. 125.107 Testers. The following requirements apply to testing activities funded under the FHIP: (a) Testers must not have prior fel-ony convictions or convictions of crime
31、s involving fraud or perjury. (b) Testers must receive training or be experienced in testing procedures and techniques. (c) Testers and the organizations con-ducting tests, and the employees and agents of these organizations may not: (1) Have an economic interest in the outcome of the test, without
32、prejudice to the right of any person or entity to recover damages for any cognizable in-jury; (2) Be a relative of any party in a case; (3) Have had any employment or other affiliation, within one year, with the person or organization to be tested; or (4) Be a licensed competitor of the person or or
33、ganization to be tested in the listing, rental, sale, or financing of real estate. 125.201 Administrative Enforcement Initiative. The Administrative Enforcement Ini-tiative provides funding to State and local fair housing agencies admin-istering fair housing laws recognized by the Assistant Secretar
34、y under 115.6 of this subchapter as providing rights and remedies which are substantially equivalent to those provided in title VIII. 125.301 Education and Outreach Ini-tiative. (a) The Education and Outreach Ini-tiative provides funding for the purpose of developing, implementing, carrying out, or
35、coordinating education and out-reach programs designed to inform members of the public concerning their rights and obligations under the provi-sions of fair housing laws. (b) Notices of Funding Availability published for the FHIP may divide Education and Outreach Initiative funding into separate com
36、petitions for each of the separate types of programs (i.e., national, regional and/or local, community-based) eligible under this Initiative. (c) National program applications, including those for Fair Housing Month funding, may be eligible to re-ceive, as provided for in Notices of Funding Availabi
37、lity published in the FEDERAL REGISTER, a preference con-sisting of additional points if they: (1) Demonstrate cooperation with real estate industry organizations; and/ or (2) Provide for the dissemination of educational information and technical assistance to support compliance with the housing ada
38、ptability and accessi-bility guidelines contained in the Fair Housing Amendments Act of 1988. (d) Activities that are regional are activities that are implemented in ad-joining States or two or more units of general local government within a state. Activities that are local are ac-tivities whose imp
39、lementation is lim-ited to a single unit of general local government, meaning a city, town, township, county, parish, village, or other general purpose political subdivi-sion of a State. Activities that are community-based in scope are those which are primarily focused on a par-ticular neighborhood
40、area within a unit of general local government. (e) Each non-governmental recipient of regional, local, or community-based funding for activities located within the jurisdiction of a State or local en-forcement agency or agencies admin-istering a substantially equivalent (under part 115 of this subc
41、hapter) fair housing law must consult with the agency or agencies to coordinate ac-tivities funded under FHIP. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or
42、networking permitted without license from IHS-,-,-702 24 CFR Subtitle B, Ch. I (4111 Edition) 125.401 125.401 Private Enforcement Initia-tive. (a) The Private Enforcement Initia-tive provides funding on a single-year or multi-year basis, to investigate vio-lations and obtain enforcement of the right
43、s granted under the Fair Housing Act or State or local laws that provide rights and remedies for discriminatory housing practices that are substan-tially equivalent to the rights and rem-edies provided in the Fair Housing Act. Multi-year funding may be contingent upon annual performance reviews and
44、annual appropriations. (b) Organizations that are eligible to receive assistance under the Private Enforcement Initiative are: (1) Qualified fair housing enforce-ment organizations. (2) Fair housing enforcement organi-zations with at least 1 year of experi-ence in complaint intake, complaint investi
45、gation, testing for fair housing violations and enforcement of meri-torious claims. For the purpose of meeting this 1 year qualification pe-riod, it is not necessary that the activi-ties were conducted simultaneously, as long as each activity was conducted for 1 year. It is also not necessary for th
46、e activities to have been conducted for a continuous year. An organization may aggregate its experience in each activ-ity over the 2-year period preceding its application to meet this 1 year quali-fication period requirement. 125.501 Fair Housing Organizations Initiative. (a) The Fair Housing Organi
47、zations Initiative of the FHIP provides funding to develop or expand the ability of ex-isting eligible organizations to provide fair housing enforcement, and to estab-lish, on a single-year or multi-year basis contingent upon annual perform-ance reviews and annual appropria-tions, new fair housing e
48、nforcement or-ganizations. (b) Continued development of existing organizations(1) Eligible applicants. El-igible for funding under this compo-nent of the Fair Housing Organizations Initiative are: (i) Qualified fair housing enforcement organizations; (ii) Fair housing enforcement organi-zations; and
49、 (iii) Nonprofit groups organizing to build their capacity to provide fair housing enforcement. (2) Operating budget limitation. (i) Funding under this component of the Fair Housing Organizations Initiative may not be used to provide more than 50 percent of the operating budget of a recipient organization for any one year. (ii) For purposes of the limitation in this paragraph, operating budget means the applicants total planned budget expenditures from all
