[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