[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21138]
[[Page Unknown]]
[Federal Register: August 26, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. D-94-1069; FR-3748]
Delegation and Redelegation of Authority; Offices of the
Assistant Secretaries for Fair Housing and Equal Opportunity and Public
and Indian Housing
AGENCY: Office of the Secretary; Offices of the Assistant Secretary for
Fair Housing and Equal Opportunity (FHEO) and the Assistant Secretary
for Public and Indian Housing (PIH), HUD.
ACTION: Notice of delegation and redelegation of authority.
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SUMMARY: This notice delegates and redelegates authority from the
Secretary of Housing and Urban Development to certain HUD officials to
grant time extensions to Public Housing Agencies and Indian Housing
Authorities (HAs) to complete structural changes to dwelling units, in
compliance with the regulation at 24 CFR 8.25(c). This regulation
implements Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794 et seq.), with regard to program accessibility for
individuals with disabilities. The Act prohibits discrimination against
individuals with disabilities in any program or activity receiving
Federal financial assistance. The authority to grant a time extension
is jointly delegated to both the Assistant Secretary for FHEO and the
Assistant Secretary for PIH. This authority is then retained and
jointly redelegated to both the Director, Fair Housing and Equal
Opportunity Division, and to either the Director, Public Housing
Division (in the case of a Public Housing Agency) or the Administrator,
Office of Native American Programs (in the case of an Indian Housing
Authority), in the pertinent field offices.
EFFECTIVE DATE: August 15, 1994:
FOR FURTHER INFORMATION CONTACT: William C. Thorson, Director,
Maintenance and Supply Division, Office of Construction, Rehabilitation
and Maintenance, Office of Public and Indian Housing, telephone (202)
708-4703, Deborah Lalancette, Director, Housing Management Division,
Office of Native American Programs, Office of Public and Indian
Housing, telephone (202) 708-2980, or Judith Keeler, Director, Office
of Program Compliance and Disability Rights, Office of Fair Housing and
Equal Opportunity, telephone (202) 708-2618 (voice/TDD) , Department of
Housing and Urban Development, 451 7th Street, SW., Washington, DC
20410. [These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: The regulation at 24 CFR 8.25(c) requires
each Public Housing Agency (PHA) and Indian Housing Authority (IHA)
(collectively referred to as HAs) to assess the need for dwelling units
within its jurisdictional area which are accessible to individuals with
disabilities. Where the assessment demonstrates a need for additional
accessible units, the HA must develop a transition plan to achieve the
necessary structural changes. In accordance with this regulation, each
HA is to have already made such assessment, and developed a transition
plan, if required.
24 CFR 8.25(c) provides that each HA must have completed the
structural changes necessary to achieve accessibility as identified in
the transition plan no later than July 11, 1992. However, the
regulation also provides that an HA may obtain an extension of time in
meeting this deadline under certain circumstances. Section 8.25(c)
provides that the Assistant Secretary for FHEO and the Assistant
Secretary for PIH may extend the deadline to as late a date as July 11,
1994 ``on a case-by-case determination that compliance within that
period would impose undue financial and administrative burdens on the
operation of the recipient's public housing and multi-family Indian
housing program''. This regulation further provides that the Secretary
or the Undersecretary may extend the time period for compliance from
July 11, 1994, up until July 11, 1995, in ``extraordinary
circumstances''. To facilitate the prompt review of each request, the
Secretary is jointly delegating to the Assistant Secretaries for FHEO
and PIH, and the Assistant Secretaries are jointly redelegating to
certain officials in the field, the authority to grant an extension of
time in ``extraordinary circumstances'' for an HA to complete these
structural changes.
Accordingly, the Secretary delegates, and the Assistant Secretaries
for FHEO and PIH redelegate, authority as follows:
Section A. Authority Redelegated
The Secretary of Housing and Urban Development jointly delegates to
both the Assistant Secretary for FHEO and the Assistant Secretary for
PIH, who retain their authority and jointly redelegate to both the
Director, Fair Housing and Equal Opportunity Division, and to either
the Director, Public Housing Division (in the case of a PHA) or the
Administrator, Office of Native American Programs (in the case of an
IHA), in the pertinent field offices, the power and authority to grant
a time extension in extraordinary circumstances from July 11, 1994, for
a period up to one year until July 11, 1995, for an HA to complete
structural changes needed (as previously determined pursuant to 24 CFR
8.25(c)) to provide additional units accessible to individuals with
disabilities. Where a particular field office does not have a Fair
Housing and Equal Opportunity Division, the Director, Fair Housing and
Equal Opportunity Division in the field office which has responsibility
for the programs for HAs in that jurisdiction shall have the authority
with respect to the redelegation within this notice.
Section B. No Authority to Redelegate
The authority granted pursuant to Section A., above, may not be
further redelegated pursuant to this delegation.
Authority: Sec.7(d), Department of Housing and Urban Development
Act [42 U.S.C. 3535(d)].
Dated: August 15, 1994.
Michael B. Jarvis,
General Deputy Assitant Secretary for Public and Indian Housing.
Paul Williams,
General Deputy Assistant Secretary for Fair Housing and Equal
Opportunity.
Henry G. Cisneros,
Secretary of Housing and Urban Development.
[FR Doc. 94-21138 Filed 8-25-94; 8:45 am]
BILLING CODE 4210-32-P
