[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: 24CFR103.410]



[Page 690-691]

 

                 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 F_Issuance of Charge

 

Sec.  103.410  Election of civil action or provision of administrative 

proceeding.



    (a) If a charge is issued under Sec.  103.405, a complainant 

(including the Assistant Secretary, if HUD filed the complaint), a 

respondent, or an aggrieved person on whose behalf the complaint is 

filed may elect, in lieu of an administrative proceeding under 24 CFR 

part 180, to have the claims asserted in the charge decided in a civil 

action under section 812(o) of the Fair Housing Act.

    (b) The election must be made not later than 20 says after the 

receipt of service of the charge, or in the case of the Assistant 

Secretary, not later than 20 days after service. The notice of the 

election must be filed with the Chief Docket Clerk in the Office of 

Administrative Law Judges and served on the General Counsel, the 

Assistant Secretary, the respondent, and the aggrieved persons on whose 

behalf the complaint was filed. The notification will be filed and 

served in accordance with the procedures established under 24 CFR part 

180.

    (c) If an election is not made under this section, the General 

Counsel will maintain an administrative proceeding based on the charge 

in accordance with the procedures under 24 CFR part 180.

    (d) If an election is made under this section, the General Counsel 

shall immediately notify and authorize the Attorney General to commence 

and maintain a civil action seeking relief under section 812(o) of the 

Fair Housing Act on behalf of the aggrieved person in an appropriate 

United States District Court. Such notification and authorization shall 

include transmission of the file in the case, including a copy of the 

final investigative report and the charge, to the Attorney General.

    (e) The General Counsel shall be available for consultation 

concerning any legal issues raised by the Attorney General as to how 

best to proceed in the event that a new court decision or



[[Page 691]]



newly discovered evidence is regarded as relevant to the reasonable 

cause determination.



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