[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR108.25]

[Page 686-687]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 108_COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING
--Table of Contents
 
Sec. 108.25  Compliance meeting.

    (a) Scheduling meeting. If an applicant fails to comply with 
requirements under Sec. 108.15 or Sec. 108.20 or it appears that the 
goals of the AFHM plan may not be achieved, or that the implementation 
of the Plan should be modified, the civil rights/compliance reviewing 
office shall schedule a meeting with the applicant. The meeting shall be 
held at least ten days before the next sales or rental report is due. 
The purpose of the compliance meeting is to review the applicant's 
compliance with AFHM requirements and the implementation of the AFHM 
Plan and to indicate any changes or modifications which may be required 
in the Plan.
    (b) Notice of Compliance Meeting. A Notice of Compliance Meeting 
shall be sent to the last known address of the applicant, by certified 
mail or through personal service. The Notice will advise the applicant 
of the right to respond within seven (7) days to the matters identified 
as subjects of the meeting and to submit information and relevant data 
evidencing compliance with the AFHM regulations, the AFHM Plan, 
Executive Order 11063 and title VIII of the Civil Rights Act of 1968, 
when appropriate. If the applicant is a small entity, as defined by the 
regulations of the Small Business Administration, the Notice shall 
include notification that the entity may submit comment on HUD's actions 
to the Small Business and Agriculture Regulatory Enforcement Ombudsman, 
and shall include the appropriate contact information.
    (c) Applicant data required. The applicant will be requested in 
writing to provide, prior to or at the compliance meeting, specific 
documents, records, and other information relevant to compliance, 
including but not limited to:
    (1) Copies or scripts of all advertising in the Standard 
Metropolitan Statistical Area (SMSA) or housing market area, as 
appropriate, including newspaper, radio and television advertising, and 
a photograph of any sale or rental sign at the site of construction;
    (2) Copies of brochures and other printed material used in 
connection with sales or rentals;
    (3) Evidence of outreach to community organizations;
    (4) Any other evidence of affirmative outreach to groups which are 
not likely to apply for the subject housing;
    (5) Evidence of instructions to employees with respect to company 
policy of nondiscrimination in housing;
    (6) Description of training conducted with sales/rental staff;
    (7) Evidence of nondiscriminatory hiring and recruiting policies for 
staff engaged in the sale or rental of properties, and data by race and 
sex of the composition of the staff;
    (8) Copies of applications and waiting lists of prospective buyers 
or renters maintained by applicant;
    (9) Copies of Sign-in Lists maintained on site for prospective 
buyers and renters who are shown the facility;
    (10) Copies of the selection and screeing criteria;
    (11) Copies of relevant lease or sales agreements;
    (12) Any other information which documents efforts to comply with an 
approved plan.

[[Page 687]]

    (d) Preparation for the compliance meeting. The monitoring office 
will provide information concerning the status of the project or housing 
involved to be presented to the applicant at the meeting. The monitoring 
office shall be notified of the meeting and may send representatives to 
the meeting.
    (e) Resolution of matters. Where matters raised in the compliance 
meetings are resolved through revision to the plan or its 
implementation, the terms of the resolution shall be reduced to writing 
and submitted to the civil rights/compliance reviewing office within 10 
days of the date of the compliance meeting.
    (f) Determination of compliance. If the evidence shows no violation 
of the AFHM regulations and that the applicant is complying with its 
approved AFHM plan and this part, the civil rights/compliance reviewing 
office shall so notify the applicant within 10 days of the meeting.
    (g) Determination of possible noncompliance. If the evidence 
indicates an apparent failure to comply with the AFHM plan or the AFHM 
regulation, or if the matters raised cannot be resolved, the civil 
rights/compliance reviewing office shall so notify the applicant no 
later than ten (10) days after the date the compliance meeting is held, 
in writing by certified mail, return receipt requested, and shall advise 
the applicant that the Department will conduct a comprehensive 
compliance review or refer the matter to the Assistant Secretary for 
Fair Housing and Equal Opportunity for consideration of action including 
the imposition of sanctions. The purpose of a compliance review is to 
determine whether the applicant has complied with the provisions of 
Executive Order 11063, title VIII of the Civil Rights Act of 1968, and 
the AFHM regulations in conjunction with the applicant's specific AFHM 
plan previously approved by HUD.
    (h) Failure of applicant to attend the meeting. If the applicant 
fails to attend the meeting scheduled pursuant to this section, the 
civil rights/compliance reviewing office shall so notify the applicant 
no later than ten (10) days after the date of the scheduled meeting, in 
writing by certified mail, return receipt requested, and shall advise 
the applicant as to whether the civil rights/compliance reviewing office 
will conduct a comprehensive compliance review or refer the matter to 
the Assistant Secretary for Fair Housing and Equal Opportunity for 
consideration of action including the imposition of sanctions.

[44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44096, Aug. 12, 1999]