[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-692]


[[Page Unknown]]

[Federal Register: January 12, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity
[Docket No. N-93-3691; FR-3348-N-07]

 

State and Local Fair Housing Laws: Initial Determination 
Concerning Substantial Equivalency of Fair Housing Law of the State of 
Arizona

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 115.6(c) of the Department's 
regulations, this notice announces the Department's determination that 
the fair housing law of the State of Arizona is substantially 
equivalent, on its face, to the Fair Housing Act. This notice solicits 
comments from the public on this determination, and on the proposed 
determination that the present practices and past performance of the 
agency enforcing the fair housing law of the State of Arizona 
demonstrate that, in operation, the law provides rights and remedies 
that are substantially equivalent to those available under the Fair 
Housing Act.

DATES: Comment Due Date: February 11, 1994.

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. 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, Funded 
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 is not 
a toll-free number.)

SUPPLEMENTARY INFORMATION:

Background

    Under the Fair Housing Act (42 U.S.C. 3600-3619), the Department is 
authorized to investigate complaints alleging discrimination in 
housing. (Title VIII of the Civil Rights Act of 1968 as amended by the 
Fair Housing Amendments Act of 1988 is cited as the ``Fair Housing 
Act.'') Section 810(f) of the Fair Housing Act requires the Department 
to refer complaints to State and local agencies that have 
``substantially equivalent'' fair housing standards, as determined and 
certified by the Department. The standards and procedures for 
certifying State and local fair housing laws that provide substantive 
rights and remedies for alleged discriminatory housing practices that 
are substantially equivalent to those provided in the Fair Housing Act 
are set forth in 24 CFR part 115.
    On July 23, 1993 (58 FR 39561), the Department published the annual 
notice required by 24 CFR 115.6, which announced, among other things, 
the updated, consolidated list of all certified agencies, and a list of 
agencies with which an agreement for interim referrals or other 
utilization of services had been entered into under 24 CFR 115.11. In 
the July 23, 1993 notice, the Department listed thirty-four 
jurisdictions, of which the State of Arizona was one, which had entered 
into an agreement with the Department, subsequent to September 12, 
1988, for interim referrals, and were considered to have interim 
certification in accordance with section 810(f)(4) of the Fair Housing 
Amendments Act of 1988 (hereafter ``Act''). (The Fair Housing 
Amendments Act of 1988 was enacted on September 13, 1988.)

Notice Announcements and Solicitation of Comments

    In accordance with 24 CFR 115.6(c)(1), this notice announces that 
the fair housing law of the State of Arizona has been determined by the 
Assistant Secretary of Fair Housing and Equal Opportunity to be 
substantially equivalent, on its face, to the Fair Housing Act. The 
Assistant Secretary has determined, after application of the criteria 
set forth in 24 CFR 115.3 and 115.4, that the fair housing law of the 
State of Arizona provides, on its face, substantive rights and remedies 
for alleged discriminatory housing practices that are substantially 
equivalent to those provided in the Fair Housing Act.
    Following a review of performance standards and other materials 
pertaining to the fair housing law of the State of Arizona, and its 
enforcement by the State of Arizona, the Department expects to make a 
final determination that the law, in operation, provides rights and 
remedies that are substantially equivalent to those available under the 
Fair Housing Act. The Department intends to execute a Memorandum of 
Understanding with the agency charged with enforcement of the fair 
housing law of the State of Arizona in accordance with Sec. 115.6(c).
    In accordance with 24 CFR 115.6(b), the public is invited to submit 
written comments on this notice. Specifically, the Department requests 
written comments on the proposed determination that the current 
practices and past performance of the agency of the State of Arizona 
charged with administration and enforcement of the State's fair housing 
law demonstrate that, in operation, the State law provides substantive 
rights and remedies that are substantially equivalent to the Fair 
Housing Act. This notice also invites comments from the public on the 
Department's determination that the fair housing law of the State of 
Arizona is substantially equivalent, on its face, to the Fair Housing 
Act.


    Dated: December 23, 1993.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-692 Filed 1-11-94; 8:45 am]
BILLING CODE 4210-28-P