Office of the Assistant Secretary for Fair Housing and Equal Opportunity; State and Local Fair Housing Laws: Public Notices of Substantial Equivalency of the Fair Housing Laws of Various States and Localities

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-3322-N-03]

Office of the Assistant Secretary for Fair Housing and Equal

Opportunity; State and Local Fair Housing Laws: Public Notices of

Substantial Equivalency of the Fair Housing Laws of Various States and

Localities

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with 24 CFR 115.102, HUD is publishing this

notice which: (1) Lists all the State and local fair housing

enforcement agencies to which HUD has granted substantially equivalent

certification or interim certification; (2) lists those enforcement

agencies to which HUD has issued a notice of denial of interim

certification; and (3) lists the enforcement agencies to which HUD is

considering granting substantially equivalent certification and

solicits public comment on these proposed certifications.

DATES: Comment Due Date: November 12, 1996.

ADDRESSES: Interested persons are invited to submit comments regarding

this notice to the Office of General Counsel, Rules Docket Clerk, Room

10276, Department of Housing and Urban Development, 451 Seventh Street,

SW, Washington, DC 20410. Communications should refer to the above

docket number and title. Facsimile (FAX) comments are not acceptable. A

copy of each communication submitted will be available for public

inspection and copying on weekdays between 7:30 a.m. and 5:30 p.m. at

the above address.

FOR FURTHER INFORMATION CONTACT: Marcella O. Brown, Director, Fair

Housing Assistance Programs Division, Office of Fair Housing and Equal

Opportunity, Department of Housing and Urban Development, 451 Seventh

Street, SW, Room 5234, Washington, DC 20410, telephone (202) 708-0455.

(This telephone number is not toll-free.) Hearing- or speech-impaired

individuals may access this number via TTY by calling the toll-free

Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

The Fair Housing Act (42 U.S.C. 3601-3619) (the Act) provides that

whenever a complaint alleges a discriminatory housing practice, arising

in the jurisdiction of a State or local agency which has been certified

by the Secretary under section 810(f) of the Act, HUD shall refer the

complaint to the State or local agency. HUD has implemented section

810(f) at 24 CFR part 115, which establishes the criteria the Secretary

of HUD utilizes to certify State and local fair housing enforcement

agencies. On February 28, 1996 (61 FR 7674), HUD published an interim

rule which revised and streamlined part 115. The interim rule, which

became effective on March 29, 1996, established several Federal

Register publication requirements. The policies and procedures

described in the February 28, 1996 interim rule were finalized in a

rule published on August 7, 1996 (61 FR 41282).

Paragraph (a) of 24 CFR 115.102 requires that HUD periodically

publish in the Federal Register: (1) A list of all agencies which have

received interim certification or certification; and (2) a list of

agencies to which HUD has issued a notice of denial of interim

certification or for which withdrawal of certification is being

proposed. This notice implements Sec. 115.102(a) by listing the

appropriate State and local fair housing enforcement agencies.

Paragraph (b) of Sec. 115.102 requires that HUD ``publish in the

Federal Register a notice soliciting public comment before granting

certification to a State or local agency.'' This notice identifies the

agencies to which HUD proposes to grant substantially equivalent

certification and solicits comment on these proposed certifications.

HUD invites the public to comment on the State and local fair housing

laws, as well as on the performance of the relevant agencies in

enforcing these laws. All comments will be considered before a final

decision on certification is made.

II. Agencies With Interim Certification

HUD's Assistant Secretary for Fair Housing and Equal Opportunity

(the Assistant Secretary) has determined, after application of the

criteria set forth in 24 CFR 115.202, that the fair housing

[[Page 53381]]

laws for the following States and localities provide, on their face,

substantive rights and remedies for alleged discriminatory housing

practices that are substantially equivalent to those provided by the

Fair Housing Act. The following is the list of State and local agencies

which enforce these fair housing laws, organized by geographic

location:

New England: Rhode Island Commission for Human Rights

Mid-Atlantic: Delaware Human Relations Division, Maryland Commission on

Human Relations, City of Reading, PA, Huntington, WVA Human Relations

Commission

Southeast/Caribbean: Hillsborough County (FL) Equal Opportunity Office,

St. Petersburg (FL) Human Relations Department, Tampa (FL) Office of

Community Relations Services, Durham (NC) Human Relations Commission,

Mecklenburg County (NC)--Charlotte-Mecklenburg County Community

Relations Committee, Winston-Salem (NC) Human Relations Commission

Midwest: Fort Wayne (IN) Metropolitan Human Relations Commission,

Hammond (IN) Human Relations Commission, Parma (OH) Department of Law

Great Plains: Iowa Civil Rights Commission, Cedar Rapids (IA) Civil

Rights Commission, Des Moines (IA) Human Rights Commission, Lawrence

(KS) Human Relations Commission,1 Omaha (NE) Human Relations

Department

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\1\ The State of Kansas has voluntarily withdrawn its

association with HUD in the enforcement of its fair housing laws and

ordinances. This notice, however, identifies the enforcement

agencies within the State of Kansas that HUD has determined meet the

requirements for certification or interim certification described in

24 CFR part 115.

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Rocky Mountain: Utah Anti-Discrimination Division

Pacific/Hawaii: California Department of Fair Employment and Housing

Northwest/Alaska: Washington State Human Rights Commission, Seattle

(WA) Human Rights Department, Tacoma (WA) Human Rights Department

III. Agencies With Certification

The Assistant Secretary has determined, after application of the

criteria described in Secs. 115.202 and 115.203, that the fair housing

laws for the following States and localities, and the administrative

enforcement of these laws by the relevant State and local enforcement

agencies, provide, in operation, substantive rights and remedies for

alleged discriminatory housing practices that are substantially

equivalent to those provided by the Fair Housing Act. The following is

the list of these enforcement agencies, organized by geographic

location:

New England: Connecticut Commission on Human Rights and Compliance,

Massachusetts Commission Against Discrimination, Cambridge Human Rights

Commission

Mid-Atlantic: Pennsylvania Human Relations Commission, Virginia

Department of Professional and Occupational Regulation, West Virginia

Human Rights Commission, Charleston (WVA) Human Rights Commission

Southeast/Caribbean: Florida Human Relations Division, Clearwater (FL)

Office of Community Relations, Orlando (FL) Human Relations Department,

Pinellas County (FL) Office of Human Rights, Georgia Commission on

Equal Opportunity, Kentucky Commission on Human Rights, Lexington-

Fayette (KY) Urban County Human Rights Commission, Louisville and

Jefferson County (KY) Human Relations Commission, North Carolina Human

Relations Commission, Asheville-Buncombe County (NC) Community

Relations Council, Charlotte (NC) and Mecklenburg County (NC) Community

Relations Committee, Greensboro (NC) Human Relations Department, New

Hanover County (NC) Human Relations Commission, South Carolina Human

Affairs Commission

Midwest: Springfield (IL) Human Relations Commission and Fair Housing,

Indiana Civil Rights Commission, Gary (IN) Human Relations Commission,

South Bend (IN) Human Relations Commission, Ohio Civil Rights

Commission, Dayton (OH) Human Relations Council, Shaker Heights (OH)

Fair Housing Review Board

Southwest: Louisiana Attorney General's Office, Public Protection

Division, Oklahoma Human Rights Commission, Texas Commission on Human

Rights, Dallas (TX) Office of Compliance, Fair Housing Administrator

Great Plains: Dubuque (IA) Human Rights Department, Olathe (KS) Human

Relations Commission, Salina (KS) Human Relations Department, Missouri

Commission on Human Rights, Kansas City (MO) Human Relations, Nebraska

Equal Opportunity Commission, Omaha Human Relations Department

Rocky Mountains: Colorado Civil Rights Division, Montana Human Rights

Commission

Pacific/Hawaii: Arizona Office of Attorney General, Human Services

Division, Phoenix (AZ) Equal Opportunity Department, Hawaii Civil

Rights Commission

Northwest/Alaska: King County (WA) Office of Civil Rights and

Compliance

IV. Agencies To Which a Notice of Denial of Interim Certification

Has Been Issued.

The Assistant Secretary has determined, after application of the

criteria described in Sec. 115.202, that the fair housing laws of the

following States and localities are substantially equivalent ``on their

face'' to the Fair Housing Act. However, after application of the

criteria set forth in 24 CFR 115.203, the Assistant Secretary has

determined that the fair housing enforcement agencies charged with the

administrative enforcement of these laws do not provide substantive

rights and remedies for alleged discriminatory housing practices. The

following is the list of agencies to which HUD has denied, or proposes

to deny, certification, organized by geographic location:

Southeast/Caribbean: Tennessee Human Rights Commission, Knoxville

Department of Community Development

Midwest: Illinois Department of Human Rights, Elgin Human Relations

Commission, Evanston Human Relations Commission

V. Agencies for Which Comments Are Requested Before the Granting of

Certification.

Following a review of the performance standards and other materials

pertaining to the fair housing laws of the following States and

localities, HUD expects to make final determinations that the law of

each State and locality, in operation, provides rights and remedies

that are substantially equivalent to those available under the Fair

Housing Act. HUD intends to execute a Memorandum of Understanding with

the agency charged with enforcement of the fair housing law of each

State and locality in accordance with 24 CFR 115.210.

In accordance with 24 CFR 115.102, the public is invited to submit

written comments on the agencies listed below. Specifically, HUD

requests written comments on the proposed determinations that the

current practices and past performance of the following State and local

agencies demonstrate that, in operation, their fair housing laws

provide substantive rights and remedies that are substantially

equivalent to the Fair Housing Act. This

[[Page 53382]]

notice also invites comments from the public on HUD's determination

that the fair housing laws of the following States and localities are,

on their face, substantially equivalent to the Fair Housing Act.

In submitting comments, HUD requests that commenters clearly

identify the State or locality for which comments are being submitted.

The following is a list of these enforcement agencies by geographic

location:

New England: Rhode Island Commission for Human Rights

Mid-Atlantic: Delaware Human Relations Division, Maryland Commission on

Human Relations, City of Reading (PA), Huntington (WVA) Human Relations

Commission

Southeast/Caribbean: Hillsborough County (FL) Equal Opportunity Office,

St. Petersbury (FL) Human Relations Department, Tampa (FL) Office of

Community Relations Services, Durham (NC) Human Relations Commission,

Mecklenburg County (NC)--Charlotte-Mecklenburg County Community

Relations Committee, Winston-Salem (NC) Human Relations Commission

Midwest: Fort Wayne (IN) Metropolitan Human Relations Commission,

Hammond (IN) Human Relations Commission, South Bend (IN) Human

Relations Commission, Dayton (OH) Human Relations Council, Parma (OH)

Department of Law

Southwest: Fort Worth (TX) Human Relations Commission

Great Plains: Iowa Civil Rights Commission, Cedar Rapids (IA) Civil

Rights Commission, Des Moines (IA) Human Rights Commission, Dubuque

(IA) Human Rights Department, Lawrence (KS) Human Relations Commission,

Omaha (NE) Human Relations Department

Rocky Mountain: Utah Anti-Discrimination Division

Pacific/Hawaii: California Department of Fair Employment and Housing,

Phoenix (AZ) Equal Opportunity Department

Northwest/Alaska: Washington State Human Rights Commission, Seattle

(WA) Human Rights Department, Tacoma (WA) Human Rights Department

Dated: September 17, 1996.

Elizabeth K. Julian,

Assistant Secretary for Fair Housing and Equal Opportunity.

[FR Doc. 96-26118 Filed 10-10-96; 8:45 am]

BILLING CODE 4210-28-P