[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Rules and Regulations]
[Pages 14378-14380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7786]
[[Page 14377]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 100 et al.
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity; Regulatory Reinvention; Streamlining of HUD's Regulations
Implementing the Fair Housing Act; Final Rule
Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / Rules
and Regulations
[[Page 14378]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 100, 103, and 109
[Docket No. FR-4029-F-01]
RIN 2529-AA78
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity; Regulatory Reinvention; Streamlining of HUD's Regulations
Implementing the Fair Housing Act
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends HUD's regulations implementing the
requirements of the Fair Housing Act. The Fair Housing Act makes it
unlawful to discriminate in any aspect relating to the sale, rental, or
financing of dwellings or in the provision of brokerage services or
facilities in connection with the sale or rental of a dwelling. In an
effort to comply with the President's regulatory reform initiatives,
this rule streamlines these regulations by eliminating provisions which
are obsolete or which do not require codification. This final rule will
assist in HUD's continuing efforts to make its regulations clearer and
to streamline the content of title 24 of the Code of Federal
Regulations.
EFFECTIVE DATE: May 1, 1996.
FOR FURTHER INFORMATION CONTACT: Susan Forward, Deputy Assistant
Secretary for Enforcement and Investigations, Room 5106, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC
20410, telephone number (202) 708-4211. For hearing- and speech-
impaired persons, this number may be accessed via TDD by calling the
Federal Information Relay Service at 1-800-877-8339. (With the
exception of the ``800'' number, these numbers are not toll free.)
SUPPLEMENTARY INFORMATION:
I. Background
A. The Fair Housing Act and the President's Regulatory Reinvention
Initiative
The Fair Housing Act (title VIII of the Civil Rights Act, as
amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3600-
3619) (the Act) makes it unlawful to discriminate in any aspect
relating to the sale, rental, or financing of dwellings or in the
provision of brokerage services or facilities in connection with the
sale or rental of a dwelling because of race, color, religion, sex,
disability, familial status, or national origin.1 HUD has
implemented the requirements of the Fair Housing Act in 24 CFR parts
100, 103, 106, and 109.
\1\ The Fair Housing Act uses the term ``handicap.'' However,
HUD prefers the use of the term ``disability.'' Accordingly, this
final rule makes the necessary substitution.
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On March 4, 1995, President Clinton issued a memorandum to all
Federal departments and agencies regarding regulatory reinvention. In
response to this memorandum, HUD conducted a page-by-page review of its
regulations to determine which can be eliminated, consolidated, or
otherwise improved. As part of this review, HUD examined its
regulations implementing the Act. HUD has determined that these
regulations may be streamlined by eliminating unnecessary provisions.
Some provisions in HUD's regulations implementing the Act are now
obsolete and may be removed. Further, some provisions are not
regulatory requirements and, therefore, do not require codification.
For example, several sections contain nonbinding guidance or
explanations. While this information is very helpful to HUD's clients,
HUD will more appropriately provide this information through handbook
guidance or other materials, rather than maintain it in title 24. HUD
believes these revisions will strengthen its enforcement of the Act by
making the regulations clearer and more concise. The following section
of the preamble details the streamlining amendments made by this final
rule.
B. Streamlining Amendments
This final rule implements the amendments to the Act made by the
Housing for Older Persons Act of 1995 (Pub. L. No. 104-76, 109 Stat.
787 (1995)) by revising HUD's provisions governing housing for persons
``55 or over.'' Specifically, 24 CFR Secs. 100.304 and 100.315 have
been merged, and the provisions of the amended Sec. 100.304 track the
statutory language. In addition, the provisions describing the
``significant facilities and services'' requirement for ``55 or over
housing'' in Secs. 100.305, 100.306, 100.307, 100.310, and 100.316,
have been deleted to conform to the new requirements for ``55 or over
housing'' established by the Housing for Older Persons Act.
The President's regulatory reform initiative calls for the
simplification of regulatory requirements. Accordingly, this final rule
streamlines paragraph (b) of Sec. 103.30 to eliminate the detailed
requirements for the form of fair housing complaints. As amended, this
paragraph states only that the Assistant Secretary for Fair Housing and
Equal Opportunity may require complaints to be made on prescribed
forms.
Sections 103.105 and 103.110 have been revised to eliminate
redundancies caused by HUD's consolidation, through a separate
rulemaking, of the requirements for certification of State and local
enforcement agencies and the Fair Housing Assistance Program (FHAP)
regulations. Paragraph (a) of Sec. 103.105 has been removed, as it
duplicates a provision of the consolidated certification/FHAP rule.
This final rule also amends paragraph (c) of Sec. 103.110 to eliminate
provisions that are repeated in the consolidated rule.
Section 103.225 has been clarified by eliminating the reference to
``the reasonable cause determination.'' The section is revised to make
clear that an investigation will remain open until a determination has
been made or a conciliation agreement has been executed and approved.
Parts 106 (Fair Housing Administrative Meetings) and 109 (Advertising
Guidelines) have been entirely eliminated, in accordance with the
President's initiative on regulatory reinvention and reform, which
requires the deletion of nonbinding guidance or explanations. While
this information is very helpful to recipients, HUD will more
appropriately provide this nonbinding guidance and information through
handbook guidance or other materials rather than maintain it in the
CFR.
II. Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. This rule merely removes obsolete regulatory provisions,
guidelines and advisory materials and conforms regulatory provisions to
current public law. It does not establish or affect substantive policy.
Therefore, prior public comment is unnecessary.
[[Page 14379]]
III. Other Matters
A. Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines regulations by removing unnecessary provisions. The rule
will have no adverse or disproportionate economic impact on small
businesses.
B. Environmental Impact
This rulemaking does not have an environmental impact. This
rulemaking simply amends an existing regulation by consolidating and
streamlining provisions and does not alter the environmental effect of
the regulations being amended. A Finding of No Significant Impact with
respect to the environment was made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of regulations implementing the Act. That finding remains
applicable to this rule and is available for public inspection between
7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules Docket
Clerk, Office of General Counsel, Room 10276, Department of Housing and
Urban Development, 451 Seventh Street, SW, Washington, DC.
C. Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal Government and State and local governments.
D. 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
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects
24 CFR Part 100
Aged, Fair housing, Individuals with disabilities, Mortgages,
Reporting and recordkeeping requirements.
24 CFR Part 103
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Intergovernmental relations,
Investigations, Mortgages, Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 109
Administrative practice and procedure, Advertising, Aged, Fair
housing, Individuals with disabilities, Mortgages.
Accordingly, under the authority of 42 U.S.C. 3535(d), 24 CFR parts
100 and 103 are amended, and parts 106 and 109 are removed as follows:
PART 100--DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT
1. The authority citation for part 100 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3619.
2. Section 100.304 is revised to read as follows:
Sec. 100.304 55 or over housing.
(a) The provisions regarding familial status shall not apply to
housing intended and operated for occupancy by at least one person 55
years of age or older per unit pursuant to this section.
(b) In order to qualify as housing for older persons under this
section, at least 80 percent of the units in the housing facility must
be occupied by at least one person 55 years of age or older, except
that a newly constructed housing facility for first occupancy after
March 12, 1989, need not comply with this section until 25 percent of
the units in the facility are occupied.
(c) Housing satisfies the requirements of this section even though:
(1) On September 13, 1988, under 80 percent of the occupied units
in the housing facility are occupied by at least one person 55 years of
age or older per unit, provided that at least 80 percent of the units
that are occupied after September 13, 1988, are occupied by at least
one person 55 years of age or older.
(2) There are unoccupied units, provided that at least 80 percent
of the occupied units are occupied by at least one person 55 years of
age or older.
(3) There are units occupied by employees of the housing provider
(and family members residing in the same unit) who are under 55 years
of age, provided the employees perform substantial duties directly
related to the management or maintenance of the housing.
(4) There are insufficient units occupied by at least one person 55
years of age or older to meet the requirements of this section, but the
housing provider at the time the exemption is asserted:
(i) Reserves all unoccupied units for occupancy by at least one
person 55 years of age or older until at least 80 percent of the units
are occupied by at least one person who is 55 or older; or
(ii) Where application of the 80 percent rule results in a fraction
of a unit, that unit shall be considered to be included in the units
which must be occupied by at least one person who is 55 or older.
Secs. 100.305, 100.306, 100.307, 100.310, 100.315, and
100.316 [Removed]
3. Sections 100.305, 100.306, 100.307, 100.310, 100.315, and
100.316 are removed.
PART 103--FAIR HOUSING COMPLAINT PROCESSING
4. The authority citation for part 103 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3619.
5. Section 103.30 is amended by revising paragraph (b) to read as
follows:
Sec. 103.30 Form and content of complaint.
* * * * *
(b) The Assistant Secretary may require complaints to be made on
prescribed forms.
* * * * *
Sec. 103.105 [Amended]
6. Section 103.105 is amended by removing paragraph (a) and
removing the paragraph designation ``(b)'' from paragraph (b).
7. Section 103.110 is amended by revising paragraph (c) to read as
follows:
Sec. 103.110 Reactivation of referred complaints.
* * * * *
(c) The substantially equivalent State or local agency has failed
to commence proceedings with respect to the complaint within 30 days of
the date that it received the notification and referral of the
complaint; or the agency commenced proceedings within this 30-day
period, but the Assistant Secretary determines that the agency has
failed to carry the proceedings forward with reasonable promptness.
[[Page 14380]]
8. Section 103.225 is revised to read as follows:
Sec. 103.225 Completion of investigation.
The investigation will remain open until a determination is made
under Sec. 103.400, or a conciliation agreement is executed and
approved under Sec. 103.310. Unless it is impracticable to do so, the
Assistant Secretary will complete the investigation of the alleged
discriminatory housing practice within 100 days of the filing of the
complaint (or where the Assistant Secretary reactivates the complaint,
within 100 days after service of the notice of reactivation under
Sec. 103.115). If the Assistant Secretary is unable to complete the
investigation within the 100-day period, HUD will notify the aggrieved
person and the respondent, by mail, of the reasons for the delay.
PART 109--[REMOVED]
9. Part 109 is removed.
Dated: February 22, 1996.
Elizabeth K. Julian,
Acting Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-7786 Filed 3-29-96; 8:45 am]
BILLING CODE 4210-28-P