[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: 94-26215]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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Office of Fair Housing and Equal Opportunity
[Docket No. D-94-1077; FR-3793-D-01]

 

Revocation and Redelegation of Authority

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity (FHEO), HUD.

ACTION: Notice of revocation 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 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, 
under section 810(c) of the Act. The rule delegates additional 
responsibilities to the Assistant Secretary for FHEO, and affects prior 
delegations and redelegations pertaining to the Assistant Secretary for 
FHEO and the General Counsel. Thus, the Assistant Secretary herein 
revokes certain prior redelegations of authority and issues new 
redelegations.

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 7th Street SW, Room 
5206, Washington, DC 20410-2000; telephone (202) 708-0836. [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 Act. If further pertains 
to the referral of matters to the Attorney General, 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 only by the 
General Counsel. The Assistant Secretary, with the concurrence of the 
General Counsel, will make determinations of reasonable cause. With the 
concurrence of the General Counsel, the Assistant Secretary will direct 
the issuance of charges under Sec. 103.405.
    Accordingly, the Assistant Secretary for FHEO revokes a 
redelegation of authority, and the Assistant Secretary for FHEO 
redelegates authority, as follows:

Section A. Authority Revoked

    The Assistant Secretary for FHEO revokes the September 30, 1992 
redelegation of authority, at 57 FR 45066, which clarified the 
Department's policy that the Assistant Secretary for FHEO was 
authorized to reopen determinations of no reasonable cause. The prior 
redelegation is no longer necessary since 24 CFR 103.400, as amended, 
gives the Assistant Secretary for FHEO the authority to reopen both 
reasonable cause and no reasonable cause determinations.

Section B. Authority Redelegated

    All of the power and authority delegated to the Assistant Secretary 
for FHEO pursuant to the regulations at 24 CFR 103.335, 103.400 and 
103.405 of 24 CFR Part 103, as amended effective September 30, 1994, is 
retained by the Assistant Secretary for FHEO, and redelegated 
concurrently to the Deputy Assistant Secretary for Enforcement and 
Investigations and to the Directors of the Fair Housing and Equal 
Opportunity Enforcement Centers (successors to the Directors of FHEO 
Regional Offices) in the field. This redelegation includes, but is not 
limited to, carrying out the following responsibilities:
    (1) Reviewing from time to time compliance with Conciliation 
Agreements to determine if HUD has reasonable cause to believe that a 
respondent has breached the Conciliation Agreement. If the Department 
determines that a breach has occurred, referring the matter to the 
Attorney General for enforcement.
    (2) With the concurrence of the General Counsel, determining that 
reasonable cause exists to believe that a discriminatory housing 
practice has occurred or is about to occur, except in matters involving 
the legality of local zoning or land use laws or ordinances. Matters 
involving local zoning or land use laws or ordinance shall be referred 
to the Attorney General, in lieu of the Assistant Secretary making a 
determination regarding reasonable cause. The Assistant Secretary for 
FHEO also has the authority to make determinations of no reasonable 
cause.
    (3) Upon receipt of concurrence by the General Counsel, directing 
the issuance of charges under Sec. 103.405.

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

    Dated: October 4, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-26215 Filed 10-21-94; 8:45 am]
BILLING CODE 4210-28-M