[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: 24CFR115.203]



[Page 708-709]

 

                 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.  115.203  Performance standards.



    A state or local fair housing enforcement agency must meet all of 

the performance standards listed in this section in order to obtain or 

maintain certification.

    (a) Engage in timely, comprehensive and thorough fair housing 

complaint investigation, conciliation and enforcement activities. The 

performance assessment will consider the following to determine the 

effectiveness of an agency's fair housing complaint processing, 

consistent with such guidance as may be issued by HUD:

    (1) The agency's case processing procedures;

    (2) The thoroughness of the agency's case processing;

    (3) A review of cause and no cause determinations for quality of 

investigations and consistency with appropriate standards;

    (4) A review of conciliation agreements and other settlements;

    (5) A review of the agency's administrative closures; and

    (6) A review of the agency's enforcement procedures.

    (b)(1) Commence proceedings with respect to a complaint:

    (i) Before the end of the 30th day after receipt;

    (ii) Carry forward such proceedings with reasonable promptness;

    (iii) Make final administrative disposition within one year; and

    (iv) Within 100 days of receipt of the complaint complete the 

identified proceedings.



[[Page 709]]



    (2) To meet this standard, the performance assessment will consider 

the timeliness of the agency's actions with respect to its complaint 

processing, including, but not limited to:

    (i) Whether the agency began its processing of fair housing 

complaints within 30 days of receipt;

    (ii) Whether the agency completes the investigative activities with 

respect to a complaint within 100 days from the date of receipt or, if 

it is impracticable to do so, notifies the parties in writing of the 

reason(s) for the delay;

    (iii) Whether the agency administratively disposes of a complaint 

within one year from the date of receipt or, if it is impracticable to 

do so, notifies the parties in writing of the reasons for the delay; and

    (iv) Whether the agency completed the investigation of the complaint 

and prepared a complete final investigative report.

    (3) The performance assessment will also consider documented 

conciliation attempts and activities and a review of the bases for 

administrative disposition of complaints.

    (c) Conduct compliance reviews of settlements, conciliation 

agreements and orders issued by or entered into to resolve 

discriminatory housing practices. The performance assessment will 

include, but not be limited to:

    (1) An assessment of the agency's procedures for conducting 

compliance reviews;

    (2) Terms and conditions of agreements and orders issued;

    (3) Application of its authority to seek actual damages, as 

appropriate; and

    (4) Application of its authority to seek and assess civil penalties 

or punitive damages.

    (d) Consistently and affirmatively seek and obtain the type of 

relief designed to prevent recurrences of such practices. The 

performance assessment will include, but not be limited to:

    (1) An assessment of the types of relief sought and obtained by the 

agency with consideration of the inclusion of affirmative provisions 

designed to protect the public interest;

    (2) The adequacy of the disposition of the complaint;

    (3) The relief sought and awarded;

    (4) The number of complaints closed with relief and the number 

closed without relief; and

    (5) Whether all the issues and bases were investigated adequately 

and appropriately disposed of.

    (e) Consistently and affirmatively seek the elimination of all 

prohibited practices under its fair housing law. An assessment under 

this standard will include, but not be limited to:

    (1) A discussion and confirmation of the law or ordinance 

administered by the agency;

    (2) The identification of any amendments, court decisions or other 

rulings or documentation that may affect the agency's ability to carry 

out provisions of its fair housing law or ordinance;

    (3) Identification of the education and outreach efforts of the 

agency; and

    (4) Identification and discussion of any special requirements of the 

fair housing law or ordinance.