[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53380-53382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26118]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-3322-N-03]


Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity; State and Local Fair Housing Laws: Public Notices of 
Substantial Equivalency of the Fair Housing Laws of Various States and 
Localities

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with 24 CFR 115.102, HUD is publishing this 
notice which: (1) Lists all the State and local fair housing 
enforcement agencies to which HUD has granted substantially equivalent 
certification or interim certification; (2) lists those enforcement 
agencies to which HUD has issued a notice of denial of interim 
certification; and (3) lists the enforcement agencies to which HUD is 
considering granting substantially equivalent certification and 
solicits public comment on these proposed certifications.

DATES: Comment Due Date: November 12, 1996.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Office of General Counsel, Rules Docket Clerk, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410. Communications should refer to the above 
docket number and title. Facsimile (FAX) comments are not acceptable. A 
copy of each communication submitted will be available for public 
inspection and copying on weekdays between 7:30 a.m. and 5:30 p.m. at 
the above address.

FOR FURTHER INFORMATION CONTACT: Marcella O. Brown, Director, Fair 
Housing Assistance Programs Division, Office of Fair Housing and Equal 
Opportunity, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Room 5234, Washington, DC 20410, telephone (202) 708-0455. 
(This telephone number is not toll-free.) Hearing- or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The Fair Housing Act (42 U.S.C. 3601-3619) (the Act) provides that 
whenever a complaint alleges a discriminatory housing practice, arising 
in the jurisdiction of a State or local agency which has been certified 
by the Secretary under section 810(f) of the Act, HUD shall refer the 
complaint to the State or local agency. HUD has implemented section 
810(f) at 24 CFR part 115, which establishes the criteria the Secretary 
of HUD utilizes to certify State and local fair housing enforcement 
agencies. On February 28, 1996 (61 FR 7674), HUD published an interim 
rule which revised and streamlined part 115. The interim rule, which 
became effective on March 29, 1996, established several Federal 
Register publication requirements. The policies and procedures 
described in the February 28, 1996 interim rule were finalized in a 
rule published on August 7, 1996 (61 FR 41282).
    Paragraph (a) of 24 CFR 115.102 requires that HUD periodically 
publish in the Federal Register: (1) A list of all agencies which have 
received interim certification or certification; and (2) a list of 
agencies to which HUD has issued a notice of denial of interim 
certification or for which withdrawal of certification is being 
proposed. This notice implements Sec. 115.102(a) by listing the 
appropriate State and local fair housing enforcement agencies. 
Paragraph (b) of Sec. 115.102 requires that HUD ``publish in the 
Federal Register a notice soliciting public comment before granting 
certification to a State or local agency.'' This notice identifies the 
agencies to which HUD proposes to grant substantially equivalent 
certification and solicits comment on these proposed certifications. 
HUD invites the public to comment on the State and local fair housing 
laws, as well as on the performance of the relevant agencies in 
enforcing these laws. All comments will be considered before a final 
decision on certification is made.

II. Agencies With Interim Certification

    HUD's Assistant Secretary for Fair Housing and Equal Opportunity 
(the Assistant Secretary) has determined, after application of the 
criteria set forth in 24 CFR 115.202, that the fair housing

[[Page 53381]]

laws for the following States and localities provide, on their face, 
substantive rights and remedies for alleged discriminatory housing 
practices that are substantially equivalent to those provided by the 
Fair Housing Act. The following is the list of State and local agencies 
which enforce these fair housing laws, organized by geographic 
location:

New England: Rhode Island Commission for Human Rights
Mid-Atlantic: Delaware Human Relations Division, Maryland Commission on 
Human Relations, City of Reading, PA, Huntington, WVA Human Relations 
Commission
Southeast/Caribbean: Hillsborough County (FL) Equal Opportunity Office, 
St. Petersburg (FL) Human Relations Department, Tampa (FL) Office of 
Community Relations Services, Durham (NC) Human Relations Commission, 
Mecklenburg County (NC)--Charlotte-Mecklenburg County Community 
Relations Committee, Winston-Salem (NC) Human Relations Commission
Midwest: Fort Wayne (IN) Metropolitan Human Relations Commission, 
Hammond (IN) Human Relations Commission, Parma (OH) Department of Law
Great Plains: Iowa Civil Rights Commission, Cedar Rapids (IA) Civil 
Rights Commission, Des Moines (IA) Human Rights Commission, Lawrence 
(KS) Human Relations Commission,1 Omaha (NE) Human Relations 
Department
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    \1\ The State of Kansas has voluntarily withdrawn its 
association with HUD in the enforcement of its fair housing laws and 
ordinances. This notice, however, identifies the enforcement 
agencies within the State of Kansas that HUD has determined meet the 
requirements for certification or interim certification described in 
24 CFR part 115.
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Rocky Mountain: Utah Anti-Discrimination Division
Pacific/Hawaii: California Department of Fair Employment and Housing
Northwest/Alaska: Washington State Human Rights Commission, Seattle 
(WA) Human Rights Department, Tacoma (WA) Human Rights Department

III. Agencies With Certification

    The Assistant Secretary has determined, after application of the 
criteria described in Secs. 115.202 and 115.203, that the fair housing 
laws for the following States and localities, and the administrative 
enforcement of these laws by the relevant State and local enforcement 
agencies, provide, in operation, substantive rights and remedies for 
alleged discriminatory housing practices that are substantially 
equivalent to those provided by the Fair Housing Act. The following is 
the list of these enforcement agencies, organized by geographic 
location:

New England: Connecticut Commission on Human Rights and Compliance, 
Massachusetts Commission Against Discrimination, Cambridge Human Rights 
Commission
Mid-Atlantic: Pennsylvania Human Relations Commission, Virginia 
Department of Professional and Occupational Regulation, West Virginia 
Human Rights Commission, Charleston (WVA) Human Rights Commission
Southeast/Caribbean: Florida Human Relations Division, Clearwater (FL) 
Office of Community Relations, Orlando (FL) Human Relations Department, 
Pinellas County (FL) Office of Human Rights, Georgia Commission on 
Equal Opportunity, Kentucky Commission on Human Rights, Lexington-
Fayette (KY) Urban County Human Rights Commission, Louisville and 
Jefferson County (KY) Human Relations Commission, North Carolina Human 
Relations Commission, Asheville-Buncombe County (NC) Community 
Relations Council, Charlotte (NC) and Mecklenburg County (NC) Community 
Relations Committee, Greensboro (NC) Human Relations Department, New 
Hanover County (NC) Human Relations Commission, South Carolina Human 
Affairs Commission
Midwest: Springfield (IL) Human Relations Commission and Fair Housing, 
Indiana Civil Rights Commission, Gary (IN) Human Relations Commission, 
South Bend (IN) Human Relations Commission, Ohio Civil Rights 
Commission, Dayton (OH) Human Relations Council, Shaker Heights (OH) 
Fair Housing Review Board
Southwest: Louisiana Attorney General's Office, Public Protection 
Division, Oklahoma Human Rights Commission, Texas Commission on Human 
Rights, Dallas (TX) Office of Compliance, Fair Housing Administrator
Great Plains: Dubuque (IA) Human Rights Department, Olathe (KS) Human 
Relations Commission, Salina (KS) Human Relations Department, Missouri 
Commission on Human Rights, Kansas City (MO) Human Relations, Nebraska 
Equal Opportunity Commission, Omaha Human Relations Department
Rocky Mountains: Colorado Civil Rights Division, Montana Human Rights 
Commission
Pacific/Hawaii: Arizona Office of Attorney General, Human Services 
Division, Phoenix (AZ) Equal Opportunity Department, Hawaii Civil 
Rights Commission
Northwest/Alaska: King County (WA) Office of Civil Rights and 
Compliance

IV. Agencies To Which a Notice of Denial of Interim Certification 
Has Been Issued.

    The Assistant Secretary has determined, after application of the 
criteria described in Sec. 115.202, that the fair housing laws of the 
following States and localities are substantially equivalent ``on their 
face'' to the Fair Housing Act. However, after application of the 
criteria set forth in 24 CFR 115.203, the Assistant Secretary has 
determined that the fair housing enforcement agencies charged with the 
administrative enforcement of these laws do not provide substantive 
rights and remedies for alleged discriminatory housing practices. The 
following is the list of agencies to which HUD has denied, or proposes 
to deny, certification, organized by geographic location:

Southeast/Caribbean: Tennessee Human Rights Commission, Knoxville 
Department of Community Development
Midwest: Illinois Department of Human Rights, Elgin Human Relations 
Commission, Evanston Human Relations Commission

V. Agencies for Which Comments Are Requested Before the Granting of 
Certification.

    Following a review of the performance standards and other materials 
pertaining to the fair housing laws of the following States and 
localities, HUD expects to make final determinations that the law of 
each State and locality, in operation, provides rights and remedies 
that are substantially equivalent to those available under the Fair 
Housing Act. HUD intends to execute a Memorandum of Understanding with 
the agency charged with enforcement of the fair housing law of each 
State and locality in accordance with 24 CFR 115.210.
    In accordance with 24 CFR 115.102, the public is invited to submit 
written comments on the agencies listed below. Specifically, HUD 
requests written comments on the proposed determinations that the 
current practices and past performance of the following State and local 
agencies demonstrate that, in operation, their fair housing laws 
provide substantive rights and remedies that are substantially 
equivalent to the Fair Housing Act. This

[[Page 53382]]

notice also invites comments from the public on HUD's determination 
that the fair housing laws of the following States and localities are, 
on their face, substantially equivalent to the Fair Housing Act.
    In submitting comments, HUD requests that commenters clearly 
identify the State or locality for which comments are being submitted. 
The following is a list of these enforcement agencies by geographic 
location:

New England: Rhode Island Commission for Human Rights
Mid-Atlantic: Delaware Human Relations Division, Maryland Commission on 
Human Relations, City of Reading (PA), Huntington (WVA) Human Relations 
Commission
Southeast/Caribbean: Hillsborough County (FL) Equal Opportunity Office, 
St. Petersbury (FL) Human Relations Department, Tampa (FL) Office of 
Community Relations Services, Durham (NC) Human Relations Commission, 
Mecklenburg County (NC)--Charlotte-Mecklenburg County Community 
Relations Committee, Winston-Salem (NC) Human Relations Commission
Midwest: Fort Wayne (IN) Metropolitan Human Relations Commission, 
Hammond (IN) Human Relations Commission, South Bend (IN) Human 
Relations Commission, Dayton (OH) Human Relations Council, Parma (OH) 
Department of Law
Southwest: Fort Worth (TX) Human Relations Commission
 Great Plains: Iowa Civil Rights Commission, Cedar Rapids (IA) Civil 
Rights Commission, Des Moines (IA) Human Rights Commission, Dubuque 
(IA) Human Rights Department, Lawrence (KS) Human Relations Commission, 
Omaha (NE) Human Relations Department
Rocky Mountain: Utah Anti-Discrimination Division
Pacific/Hawaii: California Department of Fair Employment and Housing, 
Phoenix (AZ) Equal Opportunity Department
Northwest/Alaska: Washington State Human Rights Commission, Seattle 
(WA) Human Rights Department, Tacoma (WA) Human Rights Department

    Dated: September 17, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-26118 Filed 10-10-96; 8:45 am]
BILLING CODE 4210-28-P