[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Pages 11904-11905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6189]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4345-D-01]
Revocation and Redelegation of Authority
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity (FHEO), HUD.
ACTION: Notice of revocation and redelegation of authority pertaining
to HUD's Fair Housing Complaint Processing regulations.
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SUMMARY: This redelegation pertains to determinations of reasonable
cause and of no reasonable cause to believe that a discriminatory
housing practice has occurred, implementing section 810(g) of the Fair
Housing Act. In this document, the authority to make determinations of
reasonable cause and the authority to make determinations of no
reasonable cause are being redelegated from the Assistant Secretary for
FHEO to the General Deputy Assistant Secretary and to FHEO HUB
Directors in the field. In addition, the authority previously given to
the FHEO Enforcement Center Directors and to the Deputy Assistant
Secretary for Enforcement and Investigations, published at 59 FR 53553
(October 24, 1994), is revoked.
EFFECTIVE DATE: February 26, 1998.
FOR FURTHER INFORMATION CONTACT:
Dianne Taylor, Office of Fair Housing and Equal Opportunity, Department
of Housing and Urban Development, 451 7th Street SW., Room 5100,
Washington, DC 20410-2000; telephone (202) 708-4252, ext. 140. [This is
not a toll-free number.] This number may be accessed via TTY by calling
the Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: This redelegation is prompted by
[[Page 11905]]
management reforms to the field structure of the Office of Fair Housing
and Equal Opportunity. As a result of the reforms, the field structure
will no longer be comprised of FHEO Fair Housing Enforcement Centers
(FHECs) and FHEO Program Operations and Compliance Centers (POCCs).
Instead, the field will be divided into 10 geographic areas served by
FHEO HUBs, and each HUB area will be subdivided by Program Center(s)
and smaller Local FHEO Site(s). The reorganized FHEO field components
will perform all core functions at the lowest organizational levels,
thereby empowering field managers to choose from a range of civil
rights actions in order to be most responsive to local client needs.
Accordingly, the Assistant Secretary for FHEO revokes and
redelegates authority, as follows:
Section A. Authority Revoked
The authority delegated from the Assistant Secretary for FHEO to
the Deputy Assistant Secretary for Enforcement and Investigations and
to the FHEO Fair Housing Enforcement Center Directors, published at 59
FR 53553 (October 24, 1994), is revoked.
Section B. Authority Redelegated
All of the power and authority delegated to the Assistant Secretary
for FHEO pursuant to the regulations at 24 CFR 103.400 and 103.405 of
24 CFR part 103 is retained by the Assistant Secretary for FHEO, and
redelegated to the General Deputy Assistant Secretary and to each of
the FHEO HUB Directors in the field. This redelegation includes, but is
not limited to, carrying out the following responsibilities:
(1.) Making a determination that no reasonable cause exists to
believe that a discriminatory housing practice has occurred or is about
to occur, and issuing a short written statement of the facts upon which
the decision is based. See, 24 CFR 103.400(a)(1).
(2.) With the concurrence of the General Counsel, determining that
reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur, except in matters involving
the legality of local zoning or land use laws or ordinances. Matters
involving local zoning or land use laws or ordinances shall be referred
to the Attorney General, in lieu of the Assistant Secretary making a
determination regarding reasonable cause. See, 24 CFR 103.400(a)(2).
(3.) Upon receipt of concurrence by the General Counsel, directing
the issuance of charges under 24 CFR 103.405.
The authority redelegated under 24 CFR Part 8 includes, but is not
limited to, the authority to act as the ``responsible civil rights
official'' in requesting and receiving documents pursuant to 24 CFR
8.51(b); obtaining compliance reports from recipients pursuant to 24
CFR 8.55(b); being permitted access to sources of information by
recipients pursuant to 24 CFR 8.55(c); performing periodic compliance
reviews, including on-site reviews, pursuant to 24 CFR 8.56(a); and
conducting investigations pursuant to 24 CFR 8.56(b).
Authority: Sec. 7(d), Department of Housing and Urban
Development Act (42 U.S.C. 3535(d).
Dated: February 26, 1998.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 98-6189 Filed 3-10-98; 8:45 am]
BILLING CODE 4210-28-M
