[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: 24CFR115.208]

[Page 697]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 115_CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING 
ENFORCEMENT AGENCIES--Table of Contents
 
      Subpart B_Certification of Substantially Equivalent Agencies
 
Sec. 115.208  Suspension of interim certification.

    (a) Suspension based on changes in the law. (1) The Assistant 
Secretary may suspend the agency's interim certification if the 
Assistant Secretary has reason to believe that the State or locality may 
have limited the effectiveness of the agency's implementation of the 
fair housing law or ordinance by:
    (i) Amending the fair housing law or ordinance;
    (ii) Adopting rules or procedures concerning the fair housing law or 
ordinance; or
    (iii) Issuing judicial or other authoritative interpretations of the 
fair housing law or ordinance.
    (2) If the Assistant Secretary suspends interim certification under 
paragraph (a)(1) of this section, such suspension will remain in effect 
until the Assistant Secretary conducts a review of the changes in 
language and/or interpretation and determines whether the law or 
ordinance remains substantially equivalent to the Act on its face or in 
its operations. Such suspension shall not exceed 180 days.
    (3) If the Assistant Secretary determines that, notwithstanding the 
actions taken by the State or locality as described in paragraph (a)(1), 
the law or ordinance remains substantially equivalent on its face and in 
operation to the Act, the Assistant Secretary will rescind the 
suspension and reinstate the agency's interim certification and/or 
recommend the agency for certification. HUD will provide full or partial 
reimbursement for cases processed during the period of the suspension.
    (4) If the Assistant Secretary determines that the actions taken by 
the State or locality do limit the agency's effectiveness interim 
certification will be denied pursuant to Sec. 115.209.
    (b) Suspension based on agency performance. (1) The Assistant 
Secretary may suspend the interim certification of an agency charged 
with the administration of a fair housing law or ordinance if the 
Assistant Secretary has reason to believe that the agency's performance 
does not comply with the criteria set forth by this part. Such 
suspension shall not exceed 180 days.
    (2) If the agency is suspended pursuant to paragraph (b) of this 
section, the FHEO Field Office may elect not to provide payment for 
complaints processed within that period of time unless and until the 
Assistant Secretary determines that the agency is fully in compliance 
with Sec. 115.203. The FHEO Field Office will provide technical 
assistance to the agency during this period of time.
    (3) During the period of a suspension the Assistant Secretary shall 
not refer complaints to the agency.
    (4) Suspension under paragraph (b) of this section renders the 
agency ineligible to receive Fair Housing Assistance Program Funds under 
subpart C of this part, pending correction of the deficiencies by the 
agency.
    (5) Before the end of the suspension, a final performance assessment 
will be provided to the Assistant Secretary upon which a determination 
will be made as to the adequacy of the agency's performance.
    (c) HUD will provide an agency with notice of the specific reasons 
for the suspension of its interim certification and an opportunity to 
respond, in accordance with the procedures set forth in HUD issued 
guidance.