[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37237-37238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17853]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5329-N-01]


Notice of Certification and Funding of State and Local Fair 
Housing Enforcement Agencies Under the Fair Housing Assistance Program; 
Request for Comments

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

ACTION: Notice.

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SUMMARY: Through the Fair Housing Assistance Program (FHAP), HUD 
provides funding to State and local fair housing agencies that enforce 
laws that HUD has deemed substantially equivalent to the Fair Housing 
Act. The Department's FHAP regulations provide that the Assistant 
Secretary for Fair Housing and Equal Opportunity may publish, on an 
annual basis, a notice that identifies all agencies that received 
interim certification during the prior calendar year, and to solicit 
public comment on the State or local fair housing laws of the interim 
agencies, including the performance of agencies in enforcing such laws. 
Today's Federal Register publication is being issued in

[[Page 37238]]

accordance with this regulatory provision.

DATES: Comment Due Date: August 27, 2009.

ADDRESSES: Interested persons are invited to submit comments to the 
FHAP Division, Office of Enforcement, Office of Fair Housing and Equal 
Opportunity, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 5206, Washington, DC 20410-0500. Communications must 
refer to the above docket number and title. Facsimile (FAX) comments 
will not be accepted.

FOR FURTHER INFORMATION CONTACT: Kenneth J. Carroll, Director, FHAP 
Division, Office of Enforcement, Office of Fair Housing and Equal 
Opportunity, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 5206, Washington, DC 20410-0500; telephone number 
202-402-7044 (this is not a toll-free number). Persons with speech or 
hearing impairments may contact the FHAP Division by calling 1-800-290-
1671 (this is a toll-free number), or 1-800-877-8339 (the Federal 
Information Relay Service TTY) (this is a toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Background

    Through the Fair Housing Assistance Program (FHAP), HUD provides 
funding to State and local fair housing agencies that enforce laws HUD 
has deemed substantially equivalent to the Fair Housing Act (42 U.S.C. 
3601 et seq.). HUD's regulations for the FHAP are codified at 24 CFR 
part 115 (entitled ``Certification and Funding of State and Local Fair 
Housing Enforcement Agencies'').
    In order to participate in FHAP, HUD's Assistant Secretary for Fair 
Housing and Equal Opportunity (FHEO) must first determine whether a 
State or local law, on its face, provides rights, procedures, remedies, 
and judicial review provisions that are substantially equivalent to the 
Federal Fair Housing Act. An affirmative conclusion that the State or 
local law is substantially equivalent on its face will result in HUD 
offering interim certification to the agency. During the period of 
interim certification, HUD's Assistant Secretary for FHEO will 
determine whether the State or local law, in operation, affords rights, 
procedures, remedies, and the availability of judicial review in a 
manner substantially equivalent to the Fair Housing Act. An affirmative 
conclusion during interim certification that the State or local law is 
substantially equivalent both on its face and in operation will result 
in HUD offering certification to the agency.
    Certification is for a term of 5 years, during which the agency's 
ability to maintain certification is evaluated. After the five years of 
certification, if the Assistant Secretary for FHEO determines that the 
agency continues to qualify, HUD will renew the agency's certification 
for another 5 years.

II. This Notice

    The FHAP regulations at 24 CFR 115.102(b) provide that the 
Assistant Secretary for FHEO may, on an annual basis, publish a notice 
in the Federal Register that identifies all agencies that received 
interim certification during the preceding year. The notice must invite 
the public to comment on the State or local laws of the new interim 
agencies, including on the performance of the agencies in enforcing 
their laws.
    In accordance with Sec.  115.102(b) of the FHAP regulations, HUD 
seeks public comment on the following agencies that were granted 
interim certification during the prior calendar year:
     Westchester County Human Rights Commission (New York).
     Oregon Bureau of Labor and Industries (Oregon).
     City of Evansville-Vanderburgh County Human Relations 
Commission (Indiana).

    Dated: July 1, 2009.
John Trasvi[ntilde]a,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. E9-17853 Filed 7-27-09; 8:45 am]
BILLING CODE 4210-67-P