Fair Housing Complaint Processing

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 103

[Docket No. R-94-1744; FR-3754-F-01]

Fair Housing Complaint Processing

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends HUD's Fair Housing Complaint Processing

regulations. The regulations govern the authority under sections 812(g)

and (h) of the Fair Housing Act (the Act) to make and issue

determinations of reasonable cause to believe that a discriminatory

practice has occurred and issue charges detailing the determination,

and the authority pursuant to section 810(c) of the Act to refer to the

Attorney General matters involving breaches of conciliation agreements.

EFFECTIVE DATE: September 30, 1994.

FOR FURTHER INFORMATION CONTACT: Sara K. Pratt, Director, Office of

Investigations, Office of Fair Housing and Equal Opportunity,

Department of Housing and Urban Development, 451 Seventh Street, S.W.,

Room 5206, Washington, D.C. 20410-2000; telephone (202) 708-0836; TDD

(202) 708-0015. (These are not toll-free numbers).

SUPPLEMENTARY INFORMATION: Sections 812(g) and (h) of the Fair Housing

Act authorize the Secretary to make determinations of reasonable cause

to believe that a discriminatory housing practice has occurred. Section

810(c) authorizes the Secretary to refer to the Attorney General

matters involving possible breaches of conciliation agreements by

respondents for enforcement. Regulations found at 24 CFR parts 103 and

104 govern the conduct of investigations under the Act by the Assistant

Secretary and the taking of enforcement action in a number of

situations.

This rule amends portions of 24 CFR part 103 to clarify that the

Assistant Secretary for Fair Housing and Equal Opportunity (and the

Deputy Assistant Secretary for Investigations and Enforcement), rather

than the General Counsel, is authorized to make and issue

determinations of reasonable cause to believe that a discriminatory

housing practice has occurred and issue charges based on the

determinations, and the authority to refer matters involving possible

breaches of conciliation agreements to the Attorney General.

This authority was previously delegated to the General Counsel and

Deputy General Counsel of the Department by the Secretary. Through this

final rule, the Secretary has now revoked the delegation to the General

Counsel and the Deputy General Counsel of this authority and delegated

the authority to the Assistant Secretary.

Other Matters

Justification for final rule. In accordance with its own

regulations on rulemaking in 24 CFR part 10, the Department generally

publishes a rule for public comment before issuing a rule for effect.

Part 10 provides, however, that notice and comment rulemaking may be

omitted with respect to rules governing the Department's organization

or its own internal practices or procedures. This final rule is one

meeting that is standard, and is therefore issued without opportunity

for prior public comment.

Environmental Impact. In accordance with 40 CFR 1508.4 of the

regulations of the Council on Environmental Quality and 24 CFR 50.20(k)

of the HUD regulations, the policies and procedures contained in this

rule relate only to internal administrative procedures whose content

does not constitute a development decision nor affect the physical

condition of project areas or building sites and, therefore, are

categorically excluded from the requirements of the National

Environmental Policy Act.

Regulatory Flexibility Act. The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this

document before publication and by approving it certifies that the rule

would not have a significant economic impact on a substantial number of

small entities. The rule reflects a delegation of authority by the

Secretary under the Fair Housing Act.

Executive Order 12606, The Family. The General Counsel, as the

Designated Official under Executive Order 12606, The Family, has

determined that this rule will not have a significant impact on family

formation, maintenance, or well-being. No significant change in

existing HUD policies or programs will result from promulgation of this

rule, as those policies and programs relate to family concerns.

Executive Order 12611, Federalism. The General Counsel, as the

Designated Official under section 6(a) of Executive Order 12611,

Federalism, has determined that this rule does not involve the

preemption of State law by Federal statute or regulation and does not

have Federalism implications. Specifically, the rule will not

substantially alter the established roles of HUD and the States and

local governments. As a result, the rule is not subject to review.

Semiannual Regulatory Agenda. This rule was not listed on the

Department's semiannual regulatory agenda published on April 25, 1994

at 59 FR 20424 under Executive Order 12866 and the Regulatory

Flexibility Act.

List of Subjects in 24 CFR Part 103

Administrative practice and procedure, Aged, Fair housing,

Individuals with disabilities, Intergovernmental relations,

Investigations, Mortgages, Penalties, Reporting and recordkeeping

requirements.

Accordingly, for the reasons stated in the preamble, title 24 of

the Code of Federal Regulations, part 103, is amended as follows:

PART 103--FAIR HOUSING--COMPLAINT PROCESSING

1. The authority citation for part 103 continues to read as

follows:

Authority: 42 U.S.C. 3535(d) and 3601-3619.

Sec. 103.335 [Amended]

2. Section 103.335 is amended by removing the words ``General

Counsel'' and inserting ``Assistant Secretary'' in their place.

3. Section 103.400 is amended by revising paragraphs (a)(2),

(a)(3), (b), and (c), to read as follows:

Sec. 103.400 Reasonable cause determination.

(a) * * *

(2) If, based on the totality of the factual circumstances known at

the time of the decision, the Assistant Secretary believes that

reasonable cause may exist to believe that a discriminatory housing

practice has occurred or is about to occur, the Assistant Secretary

shall determine that reasonable cause exists to believe that a

discriminatory housing practice has occurred or is about to occur, in

all cases not involving the legality of local land use laws or

ordinances (except as provided in paragraph (b) of this section). The

Assistant Secretary's determination shall be based solely on the facts

concerning the alleged discriminatory housing practices provided by

complainants and respondents and otherwise identified during the

investigation in making this determination. In making this

determination, the Assistant Secretary shall consider whether the facts

concerning the alleged discriminatory housing practice are sufficient

to warrant the initiation of a civil action in federal court.

(i) If the Assistant Secretary determines that reasonable cause

exists, the Assistant Secretary will immediately issue a charge under

Sec. 103.405 on behalf of the aggrieved person, and shall notify the

complainant and the respondent of this determination by certified mail

or personal service.

(ii) If the Assistant Secretary determines that no reasonable cause

exists, the Assistant Secretary shall: Issue a short and plain written

statement of the facts upon which the Assistant Secretary has based the

no reasonable cause determination; dismiss the complaint; notify the

complainant and the respondent of the dismissal (including the written

statement of facts) by mail; and make public disclosure of the

dismissal. The complainant or respondent may request that no public

disclosure be made. Notwithstanding such a request, the fact of

dismissal, including the names of the parties, shall be public

information available on request.

(3) If the Assistant Secretary determines that the matter involves

the legality of local zoning or land use laws or ordinances, the

Assistant Secretary, in lieu of making a determination regarding

reasonable cause, shall refer the investigative material to the

Attorney General for appropriate action under section 814(b)(1) of the

Fair Housing Act, and shall notify the complainant and the respondent

of this action by mail or personal service.

(b) The Assistant Secretary may not issue a charge under paragraph

(a) of this section regarding an alleged discriminatory housing

practice, if an aggrieved person has commenced a civil action under an

Act of Congress or a state law seeking relief with respect to the

alleged housing practice and the trial in the action has commenced. If

a charge may not be issued because of the commencement of such a trial,

the Assistant Secretary shall so notify the complainant and the

respondent by certified mail or personal service.

(c)(1) A determination of reasonable cause or no reasonable cause

by the Assistant Secretary shall be made within 100 days after filing

of the complaint (or where the Assistant Secretary has reactivated a

complaint, within 100 days after service of the notice of reactivation

under Sec. 103.115), unless it is impracticable to do so.

(2) If the Assistant Secretary is unable to make the determination

within the 100-day period specified in paragraph (c)(1) of this

section, the Assistant Secretary will notify the complainant and the

respondent by mail of the reasons for the delay.

4. In Sec. 103.405, paragraph (a)(1) is amended by removing the

words ``General Counsel'' and inserting in their place the words

``Assistant Secretary''; and paragraph (b) is amended by adding a new

sentence at the beginning of the introductory text, to read as follows:

Sec. 103.405 Issuance of charge.

* * * * *

(b) Within one business day after the issuance of a charge, the

Assistant Secretary shall notify the General Counsel of the issuance of

the charge. * * *

* * * * *

Dated: July 29, 1994.

Henry G. Cisneros,

Secretary.

[FR Doc. 94-19178 Filed 8-4-94; 8:45 am]

BILLING CODE 4210-32-P