[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18248-18249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10288]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity

24 CFR Parts 100, 103, and 109

[Docket No. FR-4029-C-02]
RIN 2529-AA78


Regulatory Reinvention; Streamlining of HUD's Regulations 
Implementing the Fair Housing Act; Correction

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

ACTION: Final rule, correction.

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SUMMARY: On April 1, 1996 (61 FR 14378), HUD published a final rule 
streamlining its regulations implementing the Fair Housing Act. The 
April 1, 1996 final rule implemented the Housing for Older Persons Act 
of 1995 by substantively revising HUD's regulations governing housing 
for persons 55 years of age or older. However, the final rule failed to 
incorporate certain changes which HUD had determined were necessary. 
The purpose of this document is to correct the April 1, 1996 final rule 
by making the required amendments to HUD's regulations governing 
housing for older persons. For the convenience of readers, HUD is re-
publishing the entire regulatory text of the April 1, 1996 final rule, 
but incorporating the correction made by this document.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Susan Forward, Deputy Assistant

[[Page 18249]]

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 TTY 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: On April 1, 1996 (61 FR 14378), HUD 
published a final rule which, among other streamlining amendments, 
implemented the Housing for Older Persons Act of 1995 (Pub.L. 104-76, 
approved December 28, 1996). Specifically, the April 1, 1996 rule 
merged 24 CFR 100.304 and 100.315, and revised Sec. 100.304 to 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, were 
deleted to conform to the new requirements for ``55 or over'' housing 
established by the Housing for Older Persons Act.
    However, the April 1, 1996 final rule failed to incorporate certain 
changes that HUD had determined were necessary. Revised Sec. 100.304 
retained most of the substance of former 24 CFR 100.315(b)(4). This 
provision concerned the ability of housing providers to meet the 80 
percent occupancy requirement for ``55 or over'' housing by reserving 
unoccupied units for occupancy by persons 55 years of age or older. HUD 
had decided that removal of former 24 CFR 100.315(b)(4) was necessary 
for complete and effective implementation of the Housing for Older 
Persons Act. This document makes the necessary correction. For the 
convenience of readers, HUD is re-publishing the entire regulatory text 
of the April 1, 1996 final rule, but incorporating the correction made 
by this document.
    Accordingly, FR Doc. FR-4029-F-01, Regulatory Reinvention; 
Streamlining of HUD's Regulations Implementing the Fair Housing Act, 
published in the Federal Register on April 1, 1996 (61 FR 14378) is 
corrected by re-publishing the regulatory text to read 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.


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.
    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: April 17, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-10288 Filed 4-24-96; 8:45 am]
BILLING CODE 4210-28-P