[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19178]
[[Page Unknown]]
[Federal Register: August 5, 1994]
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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.
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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
