[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Notices]
[Page 55304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26508]



[[Page 55304]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4514-N-02]


Notice of Responsibility Within HUD for Civil Rights Front-End 
Reviews of HUD Programs

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

ACTION: Notice.

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SUMMARY: The purpose of this notice is to advise public housing 
agencies, community planning and development entitlement jurisdictions, 
owners and managers of assisted housing, other interested parties and 
members of the public of: the change of responsibility within HUD for 
civil rights front-end reviews for HUD programs; technical amendments 
made to HUD's regulations on Compliance Procedures for Affirmative Fair 
Housing Marketing; and revisions that HUD will make to its handbook on 
Implementing Affirmative Fair Housing Marketing Requirements.

DATES: Effective Date: October 12, 1999.

FOR FURTHER INFORMATION CONTACT: Pamela Walsh, Office of Programs, 
Office of Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 Seventh Street, SW, Washington, DC 20410; 
telephone (202) 708-2288 (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 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Each HUD program discipline (i.e., the 
Office of Community Planning and Development, the Office of Public and 
Indian Housing, and the Office of Housing) has lead responsibility for 
conducting ``civil rights'' front-end reviews for the programs it 
administers. These reviews are conducted by program offices designated 
as Fair Housing ``Monitoring'' Offices. A front-end review is the first 
part of the civil rights program review process, and requires a review 
of a submission made to HUD by a HUD constituent prior to the 
submission's approval by HUD.
    Civil rights front-end reviews encompass confirming the 
completeness of the review (i.e., that all required items have been 
fully completed, signed when applicable, and submitted) and, with 
respect to fair housing and equal opportunity matters, examining 
submissions for outside civil rights findings and issues, including 
fair housing marketing plans, site and neighborhood standards, or 
complete and accurate applicant certification forms. These reviews are 
conducted using protocols that are developed by the Office of Fair 
Housing and Equal Opportunity in consultation with the respective 
program office.
    When a monitoring office conducts a front-end review, the 
monitoring office's role is limited to screening for errors. The 
monitoring office is not responsible for making a determination of 
compliance with the law. When, during a routine front-end review, a 
civil rights issue is raised that the program discipline cannot resolve 
through its routine processing practices, the program discipline shall 
refer the matter to the local Fair Housing and Equal Opportunity Hub 
(Boston, New York City, Philadelphia, Atlanta, Chicago, Fort Worth, 
Kansas City, Denver, San Francisco, and Seattle). These offices have 
been designated as ``Civil Rights/Compliance Reviewing Offices,'' and 
will determine what further actions, if any, are needed.
    HUD's Office of Fair Housing and Equal Opportunity will work with 
the program disciplines to (1) develop any ``processing'' documents 
needed for conducting front-end reviews, and (2) a quality control 
system for assuring that the program disciplines are implementing their 
civil rights-related program responsibilities. The Office of Fair 
Housing and Equal Opportunity retains statutory and regulatory 
authority for conducting civil rights compliance reviews and civil 
rights investigations, and for determining compliance with the civil 
rights regulations and statutes.
    Part 108 of HUD's regulations (24 CFR part 108) establishes 
compliance procedures for affirmative fair housing marketing, and the 
regulations place responsibility for monitoring (which includes front-
end review of Affirmative Fair Housing Marketing Plans (AFHMPs)) in the 
Area Office of Fair Housing and Equal Opportunity. With the 
implementation of HUD 2020 Management Reform, the review of the AFHMPs 
now rest with the eighteen (18) Housing Hubs within the Office of 
Housing.
    On August 12, 1999, HUD published a rule that makes technical 
amendments to its regulations in part 108 to reflect the transfer of 
responsibility for front-end reviews from the Office of Fair Housing 
and Equal Opportunity to the Monitoring Offices. This notice now 
designates 18 Housing Hubs (Boston, Buffalo, New York City, 
Philadelphia, Baltimore, Greensboro, Atlanta, Jacksonville, Chicago, 
Columbus, Detroit, Fort Worth, Kansas City, Minneapolis, Denver, Los 
Angeles, San Francisco, and Seattle) as monitoring offices for purposes 
of carrying out the monitoring responsibilities in 24 CFR part 108. 
Developers and/or sponsors must now submit their AFHMPs to the 
Monitoring Offices.
    This notice also designates FHEO's Hubs (Boston, New York City, 
Philadelphia, Atlanta, Chicago, Fort Worth, Kansas City, Denver, San 
Francisco, and Seattle) as Civil Rights/Compliance Reviewing Offices 
for purposes of carrying out the civil rights compliance review 
responsibilities in 24 CFR part 108
    Chapter 3 (on Processing of Affirmative Fair Housing Marketing 
Plans and Related Documents) of the Fair Housing and Equal Opportunity 
Handbook 8025.1, titled ``Implementing Affirmative Fair Housing 
Marketing Requirements'' is undergoing technical amendments to reflect 
the changes discussed above. Appendix 10 (AFHM Plans Checklist for 
Completeness) of this handbook, however, will remain the same.
    Again, the purpose of this notice is to further disseminate 
information about the change in responsibilities for civil rights 
front-end reviews for HUD programs, and technical changes recently 
made, and to be made, to the applicable HUD regulations and handbooks. 
The procedures in the regulations and handbook remain the same. The 
personnel, however, responsible for carrying out the reviews has 
changed.

    Dated: October 4, 1999.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
William C. Apgar,
Assistant Secretary for Housing--Federal Housing Commissioner.
Cardell Cooper,
Assistant Secretary for Community Planning and Development.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-26508 Filed 10-8-99; 8:45 am]
BILLING CODE 4210-28-P