[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: 24CFR115.210]

[Page 698]
 
                 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. 115.210  Procedure for certification.

    (a) Certification. (1) If the Assistant Secretary determines, after 
application of the criteria set forth in Sec. Sec. 115.202, 115.203 and 
this section, that the State or local law or ordinance, both ``on its 
face'' and ``in operation,'' provides substantive rights, procedures, 
remedies, and judicial review procedures for alleged discriminatory 
housing practices that are substantially equivalent to those provided in 
the Act, the Assistant Secretary may enter into a Memorandum of 
Understanding (MOU) with the agency.
    (2) The MOU is a written agreement providing for the referral of 
complaints to the agency and for communication procedures between the 
agency and HUD that are adequate to permit the Assistant Secretary to 
monitor the agency's continuing substantial equivalency certification.
    (3) A MOU, after it is signed by all appropriate signatories, may 
authorize an agency to be a certified agency for a period of not more 
than five years.
    (b) Performance Improvement Plan. (1) If the agency is not 
administering its law or ordinance in a manner that is substantially 
equivalent, the Assistant Secretary, may, but need not, offer a 
Performance Improvement Plan (PIP) to the agency. The PIP will outline 
the agency's deficiencies, identify necessary corrective actions, and 
include a timetable for completion.
    (2) If the agency receives a PIP, funding under the FHAP may be 
suspended for the duration of the PIP. Once the agency has implemented 
corrective actions to eliminate the deficiencies, and such corrective 
actions are accepted by the Assistant Secretary, funding may be 
reinstated.
    (c) Annual assessments. The Assistant Secretary shall annually 
assess the performance of an agency to determine whether it continues to 
qualify for certification under this part. If the Assistant Secretary 
affirmatively concludes that the agency's law and performance have 
complied with the requirements of this part in each of the five years, 
the Assistant Secretary may offer the agency an updated Memorandum of 
Understanding.
    (d) Interim certification required prior to certification. An agency 
shall receive interim certification prior to receiving certification.