[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: 24CFR115.207]



[Page 710-711]

 

                 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.  115.207  Procedure for interim certification.



    (a) Upon receipt of a request for certification filed under Sec.  

115.206, the Assistant Secretary may request further information 

necessary for a determination to be made under this section. The 

Assistant Secretary may consider the relative priority given to fair 

housing administration, as compared to the agency's other duties and 

responsibilities, as well as the compatibility or potential conflict of 

fair housing objectives with these other duties and responsibilities.

    (b) Interim certification. If the Assistant Secretary determines, 

after application of the criteria set forth in Sec.  115.202 that the 

State or local law or ordinance, on its face, provides substantive 

rights, procedures, remedies, and judicial review procedures for alleged 

discriminatory housing practices that are substantially equivalent to 

those provided in the Act, the Assistant Secretary may offer to enter 

into an Agreement for the Interim Referral of Complaints and Other 

Utilization of Services (Interim Agreement). The interim agreement will 

outline the procedures and authorities upon which the interim 

certification is based.

    (c) Such interim agreement, after it is signed by all appropriate 

signatories,



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will result in the agency receiving interim certification.

    (d)(1) Interim agreements shall be for a term of no more than three 

years. The Assistant Secretary, through the FHEO Field Office, will 

conduct one or more on-site assessments to determine whether the agency 

administers its fair housing law or ordinance in a manner that is 

substantially equivalent to the Act.

    (2) Performance Improvement Plan. If the agency is not administering 

its law or ordinance in a manner that is substantially equivalent, the 

Assistant Secretary, may, but need not, offer a Performance Improvement 

Plan (PIP) to the agency. The PIP will outline the agency's 

deficiencies, identify necessary corrective actions, and include a 

timetable for completion.

    (3) If the agency receives a PIP, funding under the FHAP may be 

suspended for the duration of the PIP. Once the agency has implemented 

corrective actions to eliminate the deficiencies, and such corrective 

actions are accepted by the Assistant Secretary, funding may be 

reinstated.