[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR103.115]



[Page 684]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 103_FAIR HOUSING_COMPLAINT PROCESSING--Table of Contents

 

      Subpart C_Referral of Complaints to State and Local Agencies

 

Sec.  103.115  Notification upon reactivation.



    (a) Whenever a complaint referred to a State or local fair housing 

agency under Sec.  103.100 is reactivated under Sec.  103.110, the 

Assistant Secretary will notify the substantially equivalent State or 

local agency, the aggrieved person and the respondent of HUD's 

reactivation. The notification will be made by certified mail or 

personal service.

    (b) The notification to the respondent and the aggrieved person 

will:

    (1) Advise the aggrieved person and the respondent of the time 

limits applicable to complaint processing and the procedural rights and 

obligations of the aggrieved person and the respondent under this part 

and part 180.

    (2) State that HUD will process the complaint under the Fair Housing 

Act and that the State or local agency to which the complaint was 

referred may continue to process the complaint under State or local law.

    (3) Advise the aggrieved person and the respondent of the aggrieved 

person's right to commence a civil action under section 813 of the Fair 

Housing Act in an appropriate United States District Court, not later 

than two years after the occurrence or termination of the alleged 

discriminatory housing practice. The notice will state that the 

computation of this two-year period excludes any time during which a 

proceeding is pending under this part or part 180 with respect to a 

complaint or charge based on the alleged discriminatory housing practice 

under part 180. The notices will also state that the time period 

includes the time during which an action arising from a breach of 

conciliation agreement under section 814(b)(2) of the Fair Housing Act 

is pending.



[54 FR 3292, Jan. 23, 1989, as amended at 61 FR 52218, Oct. 4, 1996]