[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: 24CFR107.40]



[Page 695-696]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 107_NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER 

EXECUTIVE ORDER 11063--Table of Contents

 

Sec.  107.40  Compliance meeting.



    (a) Where preliminary analysis of a complaint, a compliance review 

initiated by the Assistant Secretary for FH&EO, or other information 

indicates a possible violation of E.O. 11063, or this part, the person 

allegedly in violation (respondent) shall be sent a Notice of Compliance 

Meeting and requested to attend a compliance meeting. The Notice shall 

advise the respondent of the matters to be addressed in the Compliance 

Meeting and the allegations contained in a complaint received pursuant 

to Sec.  107.35. The purpose of the compliance meeting is to provide the 

respondent with the opportunity to address matters raised and to remedy 

such possible violations speedily and informally, to identify possible 

remedies; and to effect a resolution as provided in Sec.  107.45.

    (b) The Notice of Compliance Meeting shall be sent to the last known 

address of the person allegedly in violation, by certified mail, or 

through personal service. The Notice will advise such person of the 

right to respond within seven (7) days to the matters and to submit 

information and relevant data evidencing compliance with E.O. 11063, the 

Affirmative Fair Housing Marketing Regulations, 24 CFR 200.600, the Fair 

Housing Poster Regulations, 24 CFR part 110, the Advertising Guidelines 

for Fair Housing, 37 FR 6700, April 1, 1972, other affirmative marketing 

requirements applicable to the program or activity and any revisions 

thereto. Further, the person will be offered an opportunity to be 

present at the meeting in order to submit any other evidence showing 

such compliance. The date, place, and time of the



[[Page 696]]



scheduled meeting will be included in the Notice.

    (c) Whenever a compliance meeting is scheduled as a result of a 

complaint, the complainant shall be sent a copy of the Notice of 

Compliance Meeting and shall be provided an opportunity to attend the 

meeting.

    (d) The Area Office having jurisdiction over the program will 

prepare a report concerning the status of the respondent's participation 

in Department programs to be presented to the respondent at the meeting. 

The Area Manager shall be notified of the meeting and may attend the 

meeting.

    (e) At the Compliance Meeting the respondent and the complainant may 

be represented by counsel and shall have a fair opportunity to present 

any matters relevant to the complaint.

    (f) During and pursuant to the Compliance Meeting, the Director of 

the Office of Regional FH&EO shall consider all evidence relating to the 

alleged violation, including any action taken by the person allegedly in 

violation to comply with E.O. 11063.

    (g) If the evidence shows no violation of the Executive order or 

this part, the Director of the Office of Regional FH&EO shall so notify 

the person(s) involved within ten (10) days of the meeting. A copy of 

this notification shall be sent to the complainant, if any, and shall be 

submitted to the Assistant Secretary for FH&EO.

    (h) If the evidence indicates an apparent failure to comply with the 

Executive order or this part, and the matter cannot be resolved 

informally pursuant to Sec.  107.45, the Director of the Office of 

Regional FH&EO shall so notify the respondent and the complainant, if 

any, no later than ten (10) days after the date on which the compliance 

meeting is held, in writing by certified mail, return receipt requested, 

and shall advise the complainant, if any, and the respondent whether the 

Department will conduct a compliance review pursuant to Sec.  107.50 or, 

where appropriate, refer the matter to the Assistant Secretary for FH&EO 

for possible imposition of sanctions. A copy of this notification shall 

be submitted to the Assistant Secretary for FH&EO. The compliance review 

shall be conducted to determine whether the respondent has complied with 

the provisions of E.O. 11063, title VIII of the Civil Rights Act of 

1968, Department regulations and the Department's Affirmative Fair 

Housing Marketing requirements.

    (i) If the respondent fails to attend a compliance meeting scheduled 

pursuant to this section, the Director of the Office of Regional FH&EO 

shall notify the respondent no later than ten (10) days after the date 

of the scheduled meeting, in writing by certified mail, return receipt 

requested, as to whether the Department will conduct a compliance review 

or, where appropriate, refer the matter to the Assistant Secretary for 

FH&EO for possible imposition of sanctions. A copy of this notification 

shall be submitted to the Assistant Secretary for FH&EO and sent to the 

complainant, if any.