[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