[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53380-53382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26118]
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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
