[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: 24CFR115.202]



[Page 706-708]

 

                 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.  115.202  Criteria for adequacy of law.



    (a) In order for a determination to be made that a State or local 

fair housing agency administers a law which, on its face, provides 

rights and remedies for



[[Page 707]]



alleged discriminatory housing practices that are substantially 

equivalent to those provided in the Act, the law or ordinance must:

    (1) Provide for an administrative enforcement body to receive and 

process complaints and provide that:

    (i) Complaints must be in writing;

    (ii) Upon the filing of a complaint the agency shall serve notice 

upon the complainant acknowledging the filing and advising the 

complainant of the time limits and choice of forums provided under the 

law;

    (iii) Upon the filing of a complaint the agency shall promptly serve 

notice on the respondent or person charged with the commission of a 

discriminatory housing practice advising of his or her procedural rights 

and obligations under the law or ordinance together with a copy of the 

complaint;

    (iv) A respondent may file an answer to a complaint.

    (2) Delegate to the administrative enforcement body comprehensive 

authority, including subpoena power, to investigate the allegations of 

complaints, and power to conciliate complaints, and require that:

    (i) The agency commence proceedings with respect to the complaint 

before the end of the 30th day after receipt of the complaint;

    (ii) The agency investigate the allegations of the complaint and 

complete the investigation within the time-frame established by section 

810(a)(1)(B)(iv) of the Act or comply with the notification requirements 

of section 810(a)(1)(C) of the Act;

    (iii) The agency make final administrative disposition of a 

complaint within one year of the date of receipt of a complaint, unless 

it is impracticable to do so. If the agency is unable to do so it shall 

notify the parties, in writing, of the reasons for not doing so;

    (iv) Any conciliation agreement arising out of conciliation efforts 

by the agency shall be an agreement between the respondent, the 

complainant, and the agency and shall require the approval of the 

agency;

    (v) Each conciliation agreement shall be made public unless the 

complainant and respondent otherwise agree and the agency determines 

that disclosure is not required to further the purposes of the law or 

ordinance.

    (3) Not place any excessive burdens on the complainant that might 

discourage the filing of complaints, such as:

    (i) A provision that a complaint must be filed within any period of 

time less than 180 days after an alleged discriminatory housing practice 

has occurred or terminated;

    (ii) Anti-testing provisions;

    (iii) Provisions that could subject a complainant to costs, criminal 

penalties or fees in connection with filing of complaints.

    (4) Not contain exemptions that substantially reduce the coverage of 

housing accommodations as compared to section 803 of the Act.

    (5) Provide the same protections as those afforded by sections 804, 

805, 806, and 818 of the Act, consistent with HUD's implementing 

regulations found at 24 CFR part 100.

    (b) In addition to the factors described in paragraph (a) of this 

section, the provisions of the State or local law must afford 

administrative and judicial protection and enforcement of the rights 

embodied in the law.

    (1) The agency must have authority to:

    (i) Grant or seek prompt judicial action for appropriate temporary 

or preliminary relief pending final disposition of a complaint if such 

action is necessary to carry out the purposes of the law or ordinance;

    (ii) Issue and seek enforceable subpoenas;

    (iii) Grant actual damages in an administrative proceeding or 

provide adjudication in court at agency expense to allow the award of 

actual damages to an aggrieved person;

    (iv) Grant injunctive or other equitable relief, or be specifically 

authorized to seek such relief in a court of competent jurisdiction;

    (v) Provide an administrative proceeding in which a civil penalty 

may be assessed or provide an adjudication in court at agency expense, 

allowing the assessment of punitive damages against the respondent.

    (2) Agency actions must be subject to judicial review upon 

application by any



[[Page 708]]



party aggrieved by a final agency order.

    (3) Judicial review of a final agency order must be in a court with 

authority to:

    (i) Grant to the petitioner, or to any other party, such temporary 

relief, restraining order, or other order as the court determines is 

just and proper;

    (ii) Affirm, modify, or set aside, in whole or in part, the order, 

or remand the order for further proceedings; and

    (iii) Enforce the order to the extent that the order is affirmed or 

modified.

    (c) The requirement that the state or local law prohibit 

discrimination on the basis of familial status does not require that the 

state or local law limit the applicability of any reasonable local, 

state or Federal restrictions regarding the maximum number of occupants 

permitted to occupy a dwelling.

    (d) The state or local law may assure that no prohibition based on 

discrimination because of familial status applies to housing for older 

persons substantially as described in 24 CFR part 100, subpart E.

    (e) A determination of the adequacy of a state or local fair housing 

law ``on its face'' is intended to focus on the meaning and intent of 

the text of the law, as distinguished from the effectiveness of its 

administration. Accordingly, this determination is not limited to an 

analysis of the literal text of the law but must take into account all 

relevant matters of state or local law. Regulations, directives, rules 

of procedure, judicial decisions, or interpretations of the fair housing 

law by competent authorities will be considered in making this 

determination.

    (f) A law will be found inadequate ``on its face'' if it permits any 

of the agency's decision-making authority to be contracted out or 

delegated to a non-governmental authority. For the purposes of this 

paragraph, ``decision-making authority'' shall include:

    (1) Acceptance of the complaint;

    (2) Approval of the conciliation agreement;

    (3) Dismissal of a complaint;

    (4) Any action specified in Sec. Sec.  115.202(a)(2)(iii) or 

115.202(b)(1); and

    (5) Any decision-making regarding whether the matter will or will 

not be pursued.

    (g) The state or local law must provide for civil enforcement of the 

law or ordinance by an aggrieved person by the commencement of an action 

in an appropriate court at least one year after the occurrence or 

termination of an alleged discriminatory housing practice. The court 

must be empowered to:

    (1) Award the plaintiff actual and punitive damages;

    (2) Grant as relief, as it deems appropriate, any temporary or 

permanent injunction, temporary restraining order or other order; and

    (3) Allow reasonable attorney's fees and costs.