[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26214]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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Office of the General Counsel
[Docket No. D-94-1076; FR-3792-D-01]

 

Revocation and Redelegation of Authority

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice of revocations and redelegation of authority pertaining 
to HUD's fair housing complaint processing regulations.

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SUMMARY: This notice is made in accordance with a rule amending 
portions of HUD's Fair Housing Complaint Processing regulations at 24 
CFR Part 103. Notice of the final rule, effective September 30, 1994, 
was published in the Federal Register on August 5, 1994 (59 FR 39955). 
A technical correction to this final rule, also effective September 30, 
1994, was published in the Federal Register on September 12, 1994 (59 
FR 46759). This rule change pertains to determinations of reasonable 
cause to believe that a discriminatory housing practice has occurred, 
implementing section 810(g) of the Fair Housing Act (the Act). It 
further pertains to the referral of matters to the Attorney General due 
to breaches of conciliation agreements, under section 810(c) of the 
Act. The rule change affects certain redelegations of authority from 
the General Counsel, which are herein revoked, and also requires a new 
redelegation of authority from the General Counsel. As a result of the 
rule change, determinations of reasonable cause shall be made by the 
Assistant Secretary for FHEO, upon concurrence of the General Counsel. 
The Assistant Secretary of FHEO will issue such determinations and 
direct the issuance of charges, with concurrence of the General 
Counsel, under Sec. 103.405.

EFFECTIVE DATE: September 30, 1994.

FOR FURTHER INFORMATION CONTACT: Harry L. Carey, Assistant General 
Counsel for Fair Housing, Department of Housing and Urban Development, 
451 7th Street SW, Room 9238, Washington, DC 20410; telephone (202) 
708-0570. [This is not a toll-free number.] A telecommunications device 
for hearing impaired persons (TDD) is available at 1-800-543-8294.

SUPPLEMENTARY INFORMATION: Effective September 30, 1994, the Department 
is amending portions of 24 CFR 103.335, 103.400, and 103.405 of HUD's 
Fair Housing Complaint Processing regulations at 24 CFR Part 103. 
Notice of the final rule was published in the Federal Register on 
August 5, 1994 (59 FR 39955) and notice of a technical correction to 
the rule was published in the Federal Register on September 12, 1994 
(59 FR 46759). This rule change pertains to determinations of 
reasonable cause to believe that a discriminatory housing practice has 
occurred, implementing section 810(g) of the Fair Housing Act (the 
Act). It further pertains to the referral of matters to the Attorney 
General due to breaches of conciliation agreements, under section 
810(c) of the Act. In summary, the Secretary is now delegating to the 
Assistant Secretary for FHEO, with the concurrence of the General 
Counsel, certain functions which were previously performed by the 
General Counsel. The Assistant Secretary for FHEO, with concurrence of 
the General Counsel, rather than only the General Counsel, will be 
authorized to make determinations that reasonable cause exists to 
believe that a discriminatory housing practice has occurred. Upon 
receipt of concurrence by the General Counsel, the Assistant Secretary 
will issue determinations and direct the issuance of charges under 
103.405.
    The rule change affects prior HUD delegations and redelegations of 
authority, and requires new redelegations. Thus, published elsewhere in 
today's Federal Register, the Secretary revokes particular delegations, 
the Assistant Secretary for FHEO revokes a redelegation of authority, 
and the Assistant Secretary issues new redelegations to the field as 
part of the assumption of new responsibilities pertaining to the Act. 
The General Counsel herein revokes certain prior redelegations which 
are inconsistent with the regulation as amended, and issues a new 
redelegation consistent with his responsibilities under the 
regulations.
    Accordingly, the General Counsel revokes redelegations of 
authority, and the General Counsel redelegates authority, as follows:

A. Revocation of Authority

    1. The General Counsel revokes the redelegation of authority 
published on June 7, 1990, at 55 FR 23301. Under 55 FR 23301, the 
General Counsel redelegated to HUD's ten Regional Counsel certain 
functions under 24 CFR 103.400 concerning the making of reasonable 
cause or no reasonable cause determinations. This redelegation is 
hereby revoked. Pursuant to the regulation at 24 CFR 103.400, as 
amended effective September 30, 1994, such determinations shall be made 
by the Assistant Secretary for FHEO, with concurrence of the General 
Counsel. Upon concurrence of the General Counsel, the Assistant 
Secretary for FHEO will issue such determinations and direct the 
issuance of charges under Sec. 103.405.
    2. The General Counsel revokes the redelegation of authority 
published on January 25, 1991, at 56 FR 2931. The redelegation at 56 FR 
2931 was comprised of two parts. In the first part, the General Counsel 
redelegated to HUD's ten Regional Counsel all authority under 24 CFR 
103.400, except with regard to complaints involving complex facts, 
novel issues of law, or the legality of local zoning or land use laws 
or ordinances. In the second part of 56 FR 2931, the General Counsel 
redelegated the authority to determine which complaints involved 
complex facts, novel issues of law, or the legality of local zoning or 
land use laws to the Associate General Counsel for Equal Opportunity 
and Administrative Law and to the Assistant General Counsel for Fair 
Housing. Pursuant to the amendments to 24 CFR 103.400, the two parts of 
this redelegation are herein revoked.
    3. The General Counsel revokes the redelegation of authority 
published on February 25, 1992, at 57 FR 6518. In the 57 FR 6518 
notice, the General Counsel redelegated to the Associate General 
Counsel for Equal Opportunity and Administrative Law the authority 
pursuant to 24 CFR 103.400 to refer to the Attorney General matters 
which were determined to involve the legality of a local zoning or land 
use law or ordinance.
    4. The General Counsel revokes the amendment published on September 
30, 1992, at 57 FR 45066. This amendment clarified the Department's 
policy that the General Counsel had authority under 24 CFR 103.400 to 
reopen determinations of no reasonable cause. Pursuant to the rule as 
amended, determinations of reasonable cause are no longer delegated to 
the General Counsel. Since determinations of reasonable cause have been 
delegated to the Assistant Secretary for FHEO with concurrence of the 
General Counsel, the authority of the General Counsel to reopen no 
reasonable cause determinations is herein modified. Pursuant to the 
rule as amended, the Assistant Secretary for FHEO, upon concurrence of 
the General Counsel, will issue reasonable cause determinations and 
will direct the issuance of charges under Sec. 103.405.

Section B. Authority Redelegated

    All of the power and authority delegated to the General Counsel 
pursuant to the regulations at 24 CFR 103.400 and 103.405 of 24 CFR 
Part 103, as amended effective September 30, 1994, is retained by the 
General Counsel, and redelegated concurrently to the Assistant General 
Counsel for Fair Housing and to the Field Assistant General Counsel. 
This redelegation includes, but is not limited to, the authority of the 
General Counsel under Sec. 103.400(a)(2)(i) to concur in reasonable 
cause determinations of the Assistant Secretary for FHEO.

    Authority: Sec. 7(d), Department of Housing and Urban 
Development Act [42 U.S.C. 3535(d)].

    Dated: October 3, 1994.
Nelson A. Diaz,
General Counsel.
[FR Doc. 94-26214 Filed 10-21-94; 8:45 am]
BILLING CODE 4210-01-M