[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14500]


[[Page Unknown]]

[Federal Register: June 15, 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-94-3691; FR-3348-N-08]

 

State and Local Fair Housing Laws: Notice of Initial 
Determination Concerning Substantial Equivalency of Fair Housing Laws 
of the States of Massachusetts and Nebraska

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), this notice announces the 
Department's initial determination that the fair housing laws of the 
States of Massachusetts and Nebraska are substantially equivalent, on 
their face, to the Fair Housing Act. This notice solicits comments from 
the public on the initial determinations made with respect to each 
State. This notice also solicits comments on the Department's proposed 
determinations that the present practices and past performance of the 
agency enforcing the fair housing law of the State of Massachusetts and 
the agency enforcing the fair housing law of the State of Nebraska 
demonstrate that, in operation, the fair housing laws of these two 
States provide rights and remedies that are substantially equivalent to 
those available under the Fair Housing Act.

DATES: Comment Due Date: July 15, 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 (voice/TDD). 
(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. Part 115 of the Department's regulations 
(24 CFR part 115) contain the certification standards and the 
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.
    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, among which were the States of Massachusetts and 
Nebraska, that had entered into agreements with the Department, 
subsequent to September 12, 1988, for interim referrals. These thirty-
four jurisdictions were considered to have interim certification in 
accordance with section 810(f)(4) of the Fair Housing Amendments Act of 
1988 (hereafter the ``Act''). (The Fair Housing Amendments Act of 1988 
was enacted on September 13, 1988.)

Announcement of Initial Determinations and Solicitation of Comments

    In accordance with 24 CFR 115.6(c)(1), this notice announces that 
the fair housing laws of the States of Massachusetts and Nebraska have 
been determined by the Assistant Secretary of Fair Housing and Equal 
Opportunity to be substantially equivalent, on their 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 laws for the States of Massachusetts and Nebraska provide, on 
their 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 laws of the States of Massachusetts and 
Nebraska, the Department expects to make final determinations that the 
laws of each State, in operation, provide 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 each 
State in accordance with 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 determinations that the current 
practices and past performance of the State agencies charged with 
administration and enforcement of the fair housing laws of the States 
of Massachusetts and Nebraska demonstrate that, in operation, these 
laws provide 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 
laws of the States of Massachusetts and Nebraska are, on their face, 
substantially equivalent to the Fair Housing Act. In commenting on this 
notice, the Department requests that commenters identify the State for 
which comments are submitted.

    Dated: June 6, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-14500 Filed 6-14-94; 8:45 am]
BILLING CODE 4210-28-P