[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22418]


[[Page Unknown]]

[Federal Register: September 12, 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-C-02]

 

Fair Housing Complaint Processing: Technical Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule: Technical correction.

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SUMMARY: On August 5, 1994 (59 FR 39955), HUD published a final rule 
that amended its Fair Housing Complaint Processing regulations. The 
purpose of this document is to correct an error that appeared in 
Sec. 103.400(a)(2)(i) and an error that appeared in the amendatory 
instruction for item 4 that directs the changes to be made to 
Sec. 103.405.

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.
    On August 5, 1994 (59 FR 39955), HUD published a final rule that 
amended its Fair Housing Complaint Processing regulations, which are 
codified in 24 CFR part 103. The purpose of the August 5, 1994 final 
rule was to advise the public 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 (1) to make and issue determinations that reasonable cause 
exists to believe that a discriminatory housing practice has occurred 
and direct the issuance of charges based on such determinations, and 
(2) to refer matters involving possible breaches of conciliation 
agreements to the Attorney General.
    This authority was previously delegated to HUD's General Counsel 
and Deputy General Counsel by the Secretary. Through the August 5, 1994 
final rule, the Secretary transferred the delegation of this authority 
from the General Counsel and the Deputy General Counsel to the 
Assistant Secretary for Fair Housing and Equal Opportunity and the 
Deputy Assistant Secretary for Investigations and Enforcement. In 
transferring this delegation, however, the Secretary intended for the 
General Counsel to be consulted and to concur in a determination of 
reasonable cause before the Assistant Secretary for Fair Housing and 
Equal Opportunity directs the issuance of such a charge. The language 
requiring concurrence of the General Counsel in reasonable cause 
determinations was inadvertently omitted from the August 5, 1994 final 
rule, and therefore does not correctly reflect the Secretary's intended 
delegation of authority on this matter. The purpose of this document is 
to correct this error.
    Accordingly, FR Doc. 94-19178, a final rule published in the 
Federal Register on August 5, 1994 (59 FR 39955) is corrected to read 
as follows:
    1. In the preamble, on page 39955, in the second column, under the 
heading ``Supplementary Information,'' the second and third paragraphs 
under this heading are corrected to read as follows:

    This rule amends portions of 24 CFR part 103 to advise that the 
Assistant Secretary for Fair Housing and Equal Opportunity (and the 
Deputy Assistant Secretary for Investigations and Enforcement) is 
authorized, with the concurrence of the General Counsel, to make and 
issue determinations that reasonable cause exists to believe that a 
discriminatory housing practice has occurred and to direct the 
issuance of charges based on such determinations. The Assistant 
Secretary also is authorized 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 transferred the 
delegation of this authority from the General Counsel and the Deputy 
General Counsel to the Assistant Secretary. However, before 
determining that reasonable cause exists to believe that 
discriminatory housing practice has occurred, and directing the 
issuance of a charge based on that determination, the Assistant 
Secretary must receive the concurrence of the General Counsel.

    2. On page 39956, in Sec. 103.400, in column one, correct paragraph 
(a)(2)(i) to read:


Sec. 103.400  Reasonable cause determination.

    (a) * * *
    (2) * * *
    (i) If the Assistant Secretary determines that reasonable cause 
exists, the Assistant Secretary, upon receipt of concurrence of the 
General Counsel, will issue such determination and direct the issuance 
of 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.
* * * * *
    3. On page 39956, in the second column, correct the amendatory 
instruction in item #4, and remove the new sentence at the beginning of 
paragraph (b) in Sec. 103.405 as follows:
    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.''

    Dated: September 7, 1994.
Brenda Gladden,
Assistant General Counsel for Regulations (Acting).
[FR Doc. 94-22418 Filed 9-9-94; 8:45 am]
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