[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Rules and Regulations]
[Pages 18538-18541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9088]



[[Page 18537]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 103



Fair Housing Complaint Processing; Plain Language Revision and 
Reorganization; Interim Rule

  Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / 
Rules and Regulations  

[[Page 18538]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 103

[Docket No. FR-4433-I-01]
RIN 2529-AA86


Fair Housing Complaint Processing; Plain Language Revision and 
Reorganization

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

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule revises HUD's regulations that concern the 
processing of fair housing complaints in two ways. First, the current 
sections that address the filing of complaints have been rewritten 
using plain language. Plain language is an approach to writing that 
promotes responsive, accessible, and understandable written 
communication. Second, the sections that address the investigation of 
complaints have been moved to another place in the regulations. We are 
revising these regulations to make the procedures for filing housing 
discrimination complaints easier to understand. This rule does not 
change the substance of the existing fair housing complaint processing 
regulations.

DATES: Effective Date: May 14, 1999. Comments Due Date: Comments must 
be submitted by June 14, 1999.

ADDRESSES: Interested persons are invited to submit comments regarding 
this interim rule to the Rules Docket Clerk, Office of the General 
Counsel, Room 10276, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410-0500. Comments should refer to 
the above docket number and title. A copy of each comment submitted 
will be available for public inspection and copying between 7:30 am and 
5:30 pm weekdays at the above address. Facsimile (FAX) comments will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: Judith Keeler, Acting Director, Office 
of Enforcement, Office of Fair Housing and Equal Opportunity, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410-2000; telephone (202) 708-0836 (this is not a 
toll-free number). Hearing or speech impaired individuals may access 
this number via TTY by calling the toll-free Federal Information Relay 
Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Title VIII of the Civil Rights Act of 1968 (Public Law 90-284, 82 
Stat. 81, approved April 11, 1968, codified as amended at 42 U.S.C. 
3601-3619) (the Fair Housing Act) prohibits discrimination in the sale, 
rental, or financing of housing based on race, color, religion, 
national origin, sex, disability, or familial status. To enforce this 
prohibition, the Fair Housing Act authorizes HUD to receive and 
investigate housing discrimination complaints.
    In 1988, the Fair Housing Amendments Act (Public Law 100-430, 102 
Stat. 1619, approved September 13, 1988) (the 1988 Act) expanded HUD's 
authority to initiate fair housing investigations and to file 
complaints. We implemented the 1988 Act through final regulations 
published on January 23, 1989 (54 FR 3232). The January 23, 1989 final 
rule, among other things, established a new 24 CFR part 103. Part 103 
describes the policies and procedures that govern the processing of 
fair housing complaints.
    This rule revises subpart B (entitled ``Complaints'') of the part 
103 regulations in two ways. First, the sections in subpart B that 
address the filing of complaints have been rewritten using plain 
language. Second, the sections in subpart B that address the 
investigation of complaints have been moved to subpart D (entitled 
``Investigation Procedures''). Subpart D concerns investigation 
procedures for fair housing complaints.

Plain Language

    HUD has revised 24 CFR part 103, subpart B using plain language in 
response to President Clinton's Memorandum of June 1, 1998, entitled 
``Plain Language in Government'' (63 FR 31885, Wednesday, June 10, 
1998). In this memorandum, President Clinton directed Federal agencies 
to use plain language in all government writing. With respect to rules, 
President Clinton directed Federal agencies to use plain language in 
new proposed and final rules beginning January 1, 1999. In the same 
memorandum, President Clinton also urged Federal agencies to consider 
rewriting existing regulations in plain language, as resources permit.
    Plain language is an approach to writing that promotes responsive, 
accessible, and understandable written communications. It involves the 
use of a number of writing tools to create documents that are visually 
inviting, logically organized, and understandable on the first reading. 
These writing tools include:

--Using the active voice and strong verbs;
--Using compact sentences;
--Using personal pronouns such as ``you'' and ``we'';
--Using common, everyday words;
--Avoiding surplus words and technical or legal jargon;
--Using tables to present information where appropriate; and
--Using a design and layout that increases comprehension.

    We selected subpart B of 24 CFR part 103 as the first of our 
regulations to be rewritten in plain language format, because it is 
important that regulations addressing housing discrimination be easy to 
understand.
    For more information about plain language, please contact the 
National Partnership for Reinventing Government using one of the 
following methods:

------------------------------------------------------------------------
       If you are using this method...          please use this address:
------------------------------------------------------------------------
World Wide Web...............................  http://
www.plainlanguage.gov
Email........................................  [email protected]
Postal Address...............................  National Partnership for
                                                Reinventing Government
                                                750-17th Street, NW,
                                                Suite 200, Washington,
                                                DC 20006.
 Phone (voice)...............................  Customer Service Desk:
                                                (202) 694-0001.
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Sections Moved From Subpart B to Subpart D of 24 CFR Part 103

    This interim rule moves Secs. 103.45, 103.50, and 103.55 from 24 
CFR part 103, subpart B to 24 CFR part 103, subpart D. These sections, 
which relate to the investigation of complaints, are more appropriately 
located in subpart D. Subpart D addresses the investigation procedures 
for fair housing complaints. In addition, this rule adds a new 
Sec. 103.204 to subpart D, entitled ``HUD

[[Page 18539]]

complaints and compliance reviews.'' Paragraph (a) of new Sec. 103.210 
clarifies that HUD may conduct a fair housing investigation and file a 
complaint based on information that one or more discriminatory housing 
practices has occurred, or is about to occur.
    Paragraph (b) of Sec. 103.210 repeats the language of current 
Sec. 103.10(b). This section concerns HUD compliance reviews under 
other civil rights authorities, such as Executive Order 11063, entitled 
``Equal Opportunity in Housing'' (27 FR 11527, November 20, 1962, 
reprinted as amended at 42 U.S.C. 1982 note), title VI of the Civil 
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241, 252, approved July 
2, 1964, codified as amended at 42 U.S.C. 2000d et seq.), section 109 
of the Housing and Community Development Act of 1974 (Public Law 93-
383, 88 Stat. 633, 649, approved August 22, 1974, codified at 42 U.S.C. 
5309), section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112, 87 Stat. 355, 394, approved September 26, 1973, codified as 
amended at 29 U.S.C. 794), and the Age Discrimination Act of 1975 
(Public Law 94-135, 89 Stat. 728, approved November 28, 1975, codified 
as amended at 42 U.S.C. 6101-6107). HUD is making these revisions to 
clarify and simplify the organization of its fair housing complaint 
processing regulations.

Substance of Complaints Filing Process Unchanged

    This interim rule does not change the substance of the existing 
fair housing complaint processing regulations. We are revising these 
regulations to make the housing discrimination filing procedures more 
accessible and understandable to the public. All procedures and 
requirements for filing housing discrimination complaints remain as 
they are currently.

List of Fair Housing Offices

    The list of HUD's fair housing offices, with mailing addresses and 
phone numbers, is provided in the table below. These offices have 
special expertise in handling fair housing claims.

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  If you are in this area...          please contact this office:
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Connecticut, Maine,            Fair Housing Enforcement Center, U.S.
 Massachusetts, New             Dept. of Housing and Urban Development,
 Hampshire, Rhode Island, or    Thomas P. O'Neill, Jr. Federal Building,
 Vermont.                       10 Causeway Street, Room 321, Boston, MA
                                02222-1092, (617) 565-5308; (800) 827-
                                5005; TTY (617) 565-5453.
New Jersey or New York.......  Fair Housing Enforcement Center, U.S.
                                Dept. of Housing and Urban Development,
                                26 Federal Plaza, Room 3532, New York,
                                NY 10278-0068, (212) 264-9610; (800) 496-
                                4294; TTY (212) 264-0927.
Delaware, District of          Fair Housing Enforcement Center, U.S.
 Columbia, Maryland,            Dept. of Housing and Urban Development,
 Pennsylvania, Virginia, or     The Wanamaker Building, 100 Penn Square
 West Virginia.                 East, Philadelphia, PA 19107-3380, (215)
                                656-0660; (888) 799-2085; TTY (215) 656-
                                3450.
Alabama, the Caribbean,        Fair Housing Enforcement Center, U.S.
 Florida, Georgia, Kentucky,    Dept. of Housing and Urban Development,
 Mississippi, North Carolina,   Richard B. Russell Federal Building, 75
 South Carolina, or Tennessee.  Spring Street, SW, Room 320, Atlanta, GA
                                30303-3388, (404) 331-5140; (800) 440-
                                8091; TTY (404) 730-2654.
Illinois, Michigan,            Fair Housing Enforcement Center, U.S.
 Minnesota, Ohio, or            Dept. of Housing and Urban Development,
 Wisconsin.                     Ralph H. Metcalfe Federal Building, 77
                                West Jackson Boulevard, Room 2101,
                                Chicago, IL 60604-3507, (312) 353-7776;
                                (800) 765-9372; TTY (312) 353-7143.
Arkansas, Louisiana, New       Fair Housing Enforcement Center, U.S.
 Mexico, Oklahoma, or Texas.    Dept. of Housing and Urban Development,
                                1600 Throckmorton, Room 502, Fort Worth,
                                TX 76113-2905, (817) 978-9270; (800) 498-
                                9371; TTY (817) 978-9274.
Iowa, Kansas, Missouri, or     Fair Housing Enforcement Center, U.S.
 Nebraska.                      Dept. of Housing and Urban Development,
                                Gateway Tower II, 400 State Avenue, Room
                                200, Kansas City, KS 66101-2406, (913)
                                551-6958; (800) 743-5323; TTY (913) 551-
                                6972.
Colorado, Montana, North       Fair Housing Enforcement Center, U.S.
 Dakota, South Dakota, Utah,    Dept. of Housing and Urban Development,
 or Wyoming.                    633 17th Street, Denver, CO 80202-3607,
                                (303) 672-5437; (800) 877-7353; TTY
                                (303) 672-5248.
Arizona, California, Hawaii,   Fair Housing Enforcement Center, U.S.
 or Nevada.                     Dept. of Housing and Urban Development,
                                Phillip Burton Federal Building and U.S.
                                Courthouse, 450 Golden Gate Avenue, San
                                Francisco, CA 94102-3448, (415) 436-
                                8400; (800) 347-3739; TTY (415) 436-
                                6594.
Alaska, Idaho, Oregon, or      Fair Housing Enforcement Center, U.S.
 Washington.                    Dept. of Housing and Urban Development,
                                Seattle Federal Office Building, 909
                                First Avenue, Room 205, Seattle, WA
                                98104-1000, (206) 220-5170; (800) 877-
                                0246; TTY (206) 220-5185.
If after contacting the local  U.S. Dept. of Housing and Urban
 office nearest you, you        Development, Office of Fair Housing and
 still have questions--you      Equal Opportunity, 451 Seventh Street,
 may contact HUD further at:.   SW, Room 5204, Washington, DC 20410-
                                2000, (202) 708-0836; (800) 669-9777;
                                TTY (800) 927-9275.
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Findings and Certifications

Justification for Interim Rule

    Ordinarily, HUD provides notice and an opportunity for the public 
to comment on rules before they become effective. If, however, we 
determine that notice and public comment are impracticable, 
unnecessary, or contrary to the public interest, we are permitted, 
under 24 CFR 10.1 (entitled ``Policy''), to issue regulations directly 
through an interim or final rule. In this case, we have determined that 
initial notice and public comment are unnecessary. The purpose of this 
rule is to make the housing discrimination filing procedures more 
accessible and understandable to the public by using plain language. 
The rule does not make substantive changes to the regulations. All 
procedures and requirements for filing housing discrimination 
complaints remain as they are currently.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4, 109 Stat. 48, 64, approved March 22, 1995, codified at 2 U.S.C. 
1531-1538)(UMRA) requires Federal agencies to assess the effects of 
their regulatory actions on State, local, and tribal governments and on 
the private sector. This interim rule does not impose, within the 
meaning of the UMRA, any Federal mandates on any State, local, or, 
tribal governments or on the private sector.

Environmental Impact

    This interim rule sets out non-discrimination enforcement 
procedures. Accordingly, under 24 CFR 50.19(c)(3), this interim rule is 
categorically

[[Page 18540]]

excluded from environmental review under the National Environmental 
Policy Act of 1969 (Public Law 91-190, 83 Stat. 852, approved January 
1, 1970, codified as amended at 42 U.S.C. 4321-4347).

Impact on Small Entities

    The Secretary, in accordance with 5 U.S.C. 605(b) (the Regulatory 
Flexibility Act, Public Law 96-354, 94 Stat. 1164, approved September 
19, 1980, codified as amended at 5 U.S.C. 601-612), has reviewed and 
approved this interim rule and in so doing certifies that it would not 
have a significant economic impact on a substantial number of small 
entities.
    The interim rule revises, using plain language, the text of HUD's 
fair housing complaint processing regulations in subpart B of 24 CFR 
part 103. The rule also moves certain sections from subpart B to 
subpart D. The rule does not amend the substance of HUD's fair housing 
complaint processing regulations at 24 CFR part 103. All procedures and 
requirements for filing housing discrimination complaints remain as 
they are currently. We are revising these regulations in order to make 
the housing discrimination filing procedures more accessible and 
understandable to the public.
    While we have determined that this rule would not have a 
significant economic impact on a substantial number of small entities, 
we welcome any comments regarding alternatives to this rule that would 
meet our objectives, as described in this preamble, and would be less 
burdensome to small entities.

Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612 (entitled ``Federalism''), has determined that 
the policies contained in this interim rule do not have substantial 
direct effects on States or their political subdivisions, on the 
relationship between the Federal government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    This interim rule does not alter the substance of HUD's existing 
fair housing complaint processing regulations. The interim rule revises 
and reformats the fair housing complaint processing regulations so that 
HUD's housing discrimination filing procedures more accessible to the 
public. The interim rule is exclusively concerned with policies and 
procedures applicable to the processing of fair housing complaints. No 
programmatic or policy changes result from this rule that affect the 
Federalism concerns addressed in the Executive Order. As a result, this 
interim rule is not subject to review under the Order.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for this program 
is 14.400.

List of Subjects in 24 CFR Part 103

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Intergovernmental relations, 
Investigations, Mortgages, Penalties, Reporting and recordkeeping 
requirements.

    Accordingly, 24 part 103 is amended as follows:

PART 103--FAIR HOUSING--COMPLAINT PROCESSING

    1. The authority citation for 24 CFR part 103 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3619.

    2. Revise Sec. 103.10 to read as follows:


Sec. 103.10  What can I do if I believe someone is discriminating 
against me in the sale, rental, finance, or advertisement of housing?

    You can notify HUD if you believe there has been discrimination 
against you in any activity related to housing because of race, color, 
religion, national origin, sex, disability, or the presence of children 
under the age of 18 in a household.
    3. Revise Sec. 103.15 to read as follows:


Sec. 103.15  Can I file a claim if the discrimination has not yet 
occurred?

    Yes, you may file a claim with HUD if you have knowledge that a 
discriminatory action is about to occur.
    4. Revise Sec. 103.20 to read as follows:


Sec. 103.20  Can someone help me with filing a claim?

    HUD's Office of Fair Housing and Equal Opportunity can help you in 
filing a claim, if you contact them directly. You, or anyone who acts 
for you, may also ask any HUD office or an organization, individual, or 
attorney to help you.
    5. Revise Sec. 103.25 to read as follows:


Sec. 103.25  What information should I provide to HUD?

    You should provide us with:
    (a) Your name, address, and telephone numbers where you can be 
reached;
    (b) The name and address of the persons, businesses, or 
organizations you believe discriminated against you;
    (c) If there is a specific property involved, you should provide 
the property's address and physical description, such as apartment, 
condominium, house, or vacant lot; and
    (d) A brief description of how you were discriminated against in an 
activity related to housing. You should include in this description the 
date when the discrimination happened and why you believe the 
discrimination occurred because of race, color, religion, national 
origin, sex, disability, or the presence of children under the age of 
18 in a household.
    6. Revise Sec. 103.30 to read as follows:


Sec. 103.30  How should I bring a claim that I am the victim of 
discrimination?

    (a) You can file a claim by mail or telephone with any of HUD's 
Offices of Fair Housing and Equal Opportunity or with any State or 
local agency that HUD has certified to receive complaints.
    (b) You can call or go to any other HUD office for help in filing a 
claim. These offices will send your claim to HUD's Office of Fair 
Housing and Equal Opportunity, which will contact you about the filing 
of your complaint.
    7. Add Sec. 103.35 to read as follows:


Sec. 103.35  Is there a time limit on when I can file?

    Yes, you must notify us within one year that you are a victim of 
discrimination. If you indicate that there is more than one act of 
discrimination, or that the discrimination is continuing, we must 
receive your information within one year of the last incident of 
discrimination.
    8. Revise Sec. 103.40 to read as follows:


Sec. 103.40  Can I change my complaint after it is filed?

    (a) Yes, you may change your fair housing complaint:
    (1) At any time to add or remove people according to the law and 
the facts; or
    (2) To correct other items, such as to add additional information 
found during the investigation of the complaint.
    (b) You must approve any change to your complaint; we will consider 
the changes made as of the date of your original complaint.


Sec. 103.42  [Removed]

    9. Remove Sec. 103.42.


Secs. 103.45, 103.50, 103.55  [Redesignated]

    10. Redesignate Secs. 103.45, 103.50, and 103.55 as Secs. 103.201, 
103.202, and 103.203, respectively, and transfer to subpart D.
    11. Revise newly redesignated Sec. 103.202(b) to read as follows:

[[Page 18541]]

Sec. 103.202  Notification of respondent; joinder of additional or 
substitute respondents.

* * * * *
    (b) The Assistant Secretary will also serve notice on any person 
who directs or controls, or who has the right to direct or control, the 
conduct of another person who is involved in a fair housing complaint.
    12. Add Sec. 103.204 to read as follows:


Sec. 103.204  HUD complaints and compliance reviews.

    (a) The Assistant Secretary may conduct an investigation and file a 
complaint under this subpart based on information that one or more 
discriminatory housing practices has occurred, or is about to occur.
    (b) HUD may also initiate compliance reviews under other 
appropriate civil rights authorities, such as E.O. 11063 on Equal 
Opportunity in Housing, title VI of the Civil Rights Act of 1964, 
section 109 of the Housing and Community Development Act of 1974, 
section 504 of the Rehabilitation Act of 1973 or the Age Discrimination 
Act of 1975.
    (c) HUD may also make the information you provide available to 
other Federal, State, or local agencies having an interest in the 
matter. In making such information available, HUD will take steps to 
protect the confidentiality of any informant or complainant when 
desired by the informant or complainant.

    Dated: March 2, 1999.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 99-9088 Filed 4-13-99; 8:45 am]
BILLING CODE 4210-28-P