[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Proposed Rules]
[Pages 85529-85530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27025]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 115 and 125

[Docket No. FR-6355-N-02]
RIN 2529-AB07


Removing Criminal Conviction Restrictions for Testers in FHIP- 
and FHAP-Funded Testing Programs; Extension of Comment Period

AGENCY: Office of Fair Housing and Equal Opportunity, HUD.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On October 31, 2023, HUD published in the Federal Register a 
notice of proposed rulemaking entitled ``Removing Criminal Conviction 
Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs,'' 
proposing to eliminate the tester restrictions for Fair Housing 
Initiatives Program (FHIP) grantees and for Fair Housing Assistance 
Program (FHAP) agencies that forbid FHIP and FHAP recipients from using 
fair housing testers with prior felony convictions or convictions of 
crimes involving fraud or perjury. The proposed rule provided for a 60-
day comment period, which would have ended January 2, 2024. HUD has 
determined that a 9-day extension of the comment period, until January 
11, 2024, is appropriate. This extension will allow interested persons 
additional time to analyze the proposal and prepare their comments.

DATES: The comment period for the proposed rule published on October 
31, 2023, at 88 FR 74381, is extended. Comments should be received on 
or before January 11, 2024.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule. There are two methods for submitting public 
comments. All submissions must refer to the above docket number and 
title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW, Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov website can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments: Facsimile (FAX) comments are not acceptable.
    Public Inspection of Comments. All properly submitted comments and 
communications submitted to HUD will be available for public inspection 
and copying between 8 a.m. and 5 p.m. weekdays at the above address. 
Due to security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at 202-402-3055 (this is not a toll-free 
number). HUD welcomes and is prepared to receive calls from individuals 
who are deaf or hard of hearing, as well as individuals with 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Demetria McCain, Principal Deputy 
Assistant Secretary for Fair Housing and Equal Opportunity, Department 
of Housing and Urban Development, Office of Fair Housing and Equal 
Opportunity, 451 7th Street SW, Room 5250, Washington, DC 20410-8000, 
telephone number 202-402-7861 (this is not a toll-free number). HUD 
welcomes and is prepared to receive calls from individuals who are deaf 
or hard of hearing, as well as individuals with speech or communication 
disabilities. To learn more about how to make an accessible telephone 
calls, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: On October 31, 2023, at 88 FR 74381, HUD 
published a notice of proposed rulemaking entitled ``Removing Criminal 
Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing 
Programs,'' which proposes to eliminate restrictions for Fair Housing 
Initiatives Program (FHIP) grantees and

[[Page 85530]]

for Fair Housing Assistance Program (FHAP) agencies that forbid FHIP 
and FHAP recipients from using fair housing testers with prior felony 
convictions or convictions of crimes involving fraud or perjury. This 
proposed rule would make HUD's programs as inclusive as possible for 
people with criminal records, consistent with Secretary Marcia Fudge's 
April 12, 2022, Memorandum, ``Eliminating Barriers That May 
Unnecessarily Prevent Individuals with Criminal Histories from 
Participating in HUD Program.'' It would also ensure that FHIP and FHAP 
funded entities are able to fully investigate criminal background 
screening policies that are potentially discriminatory under federal 
civil rights laws by using testers with actual criminal backgrounds. In 
accordance with 5 U.S.C. 553(b)(4), a summary of this rule may be found 
at https://www.regulations.gov/document/HUD-2023-0091-0076.
    While the proposed rule had a 60-day comment period, HUD has 
received feedback from commenters requesting additional time to review 
and provide comments on this rule. In response, HUD is extending the 
deadline for comments to January 11, 2024.

Aaron Santa Anna,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2023-27025 Filed 12-7-23; 8:45 am]
BILLING CODE 4210-67-P