[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Pages 11904-11905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6189]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4345-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 redelegation pertains to determinations of reasonable 
cause and of no reasonable cause to believe that a discriminatory 
housing practice has occurred, implementing section 810(g) of the Fair 
Housing Act. In this document, the authority to make determinations of 
reasonable cause and the authority to make determinations of no 
reasonable cause are being redelegated from the Assistant Secretary for 
FHEO to the General Deputy Assistant Secretary and to FHEO HUB 
Directors in the field. In addition, the authority previously given to 
the FHEO Enforcement Center Directors and to the Deputy Assistant 
Secretary for Enforcement and Investigations, published at 59 FR 53553 
(October 24, 1994), is revoked.

EFFECTIVE DATE: February 26, 1998.

FOR FURTHER INFORMATION CONTACT:
Dianne Taylor, Office of Fair Housing and Equal Opportunity, Department 
of Housing and Urban Development, 451 7th Street SW., Room 5100, 
Washington, DC 20410-2000; telephone (202) 708-4252, ext. 140. [This is 
not a toll-free number.] This number may be accessed via TTY by calling 
the Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: This redelegation is prompted by

[[Page 11905]]

management reforms to the field structure of the Office of Fair Housing 
and Equal Opportunity. As a result of the reforms, the field structure 
will no longer be comprised of FHEO Fair Housing Enforcement Centers 
(FHECs) and FHEO Program Operations and Compliance Centers (POCCs). 
Instead, the field will be divided into 10 geographic areas served by 
FHEO HUBs, and each HUB area will be subdivided by Program Center(s) 
and smaller Local FHEO Site(s). The reorganized FHEO field components 
will perform all core functions at the lowest organizational levels, 
thereby empowering field managers to choose from a range of civil 
rights actions in order to be most responsive to local client needs.
    Accordingly, the Assistant Secretary for FHEO revokes and 
redelegates authority, as follows:

Section A. Authority Revoked

    The authority delegated from the Assistant Secretary for FHEO to 
the Deputy Assistant Secretary for Enforcement and Investigations and 
to the FHEO Fair Housing Enforcement Center Directors, published at 59 
FR 53553 (October 24, 1994), is revoked.

Section B. Authority Redelegated

    All of the power and authority delegated to the Assistant Secretary 
for FHEO pursuant to the regulations at 24 CFR 103.400 and 103.405 of 
24 CFR part 103 is retained by the Assistant Secretary for FHEO, and 
redelegated to the General Deputy Assistant Secretary and to each of 
the FHEO HUB Directors in the field. This redelegation includes, but is 
not limited to, carrying out the following responsibilities:
    (1.) Making a determination that no reasonable cause exists to 
believe that a discriminatory housing practice has occurred or is about 
to occur, and issuing a short written statement of the facts upon which 
the decision is based. See, 24 CFR 103.400(a)(1).
    (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 ordinances shall be referred 
to the Attorney General, in lieu of the Assistant Secretary making a 
determination regarding reasonable cause. See, 24 CFR 103.400(a)(2).
    (3.) Upon receipt of concurrence by the General Counsel, directing 
the issuance of charges under 24 CFR 103.405.
    The authority redelegated under 24 CFR Part 8 includes, but is not 
limited to, the authority to act as the ``responsible civil rights 
official'' in requesting and receiving documents pursuant to 24 CFR 
8.51(b); obtaining compliance reports from recipients pursuant to 24 
CFR 8.55(b); being permitted access to sources of information by 
recipients pursuant to 24 CFR 8.55(c); performing periodic compliance 
reviews, including on-site reviews, pursuant to 24 CFR 8.56(a); and 
conducting investigations pursuant to 24 CFR 8.56(b).

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

    Dated: February 26, 1998.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 98-6189 Filed 3-10-98; 8:45 am]
BILLING CODE 4210-28-M