[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: 24CFR115.208]



[Page 711-712]

 

                 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.  115.208  Suspension of interim certification.



    (a) Suspension based on changes in the law. (1) The Assistant 

Secretary may suspend the agency's interim certification if the 

Assistant Secretary has reason to believe that the State or locality may 

have limited the effectiveness of the agency's implementation of the 

fair housing law or ordinance by:

    (i) Amending the fair housing law or ordinance;

    (ii) Adopting rules or procedures concerning the fair housing law or 

ordinance; or

    (iii) Issuing judicial or other authoritative interpretations of the 

fair housing law or ordinance.

    (2) If the Assistant Secretary suspends interim certification under 

paragraph (a)(1) of this section, such suspension will remain in effect 

until the Assistant Secretary conducts a review of the changes in 

language and/or interpretation and determines whether the law or 

ordinance remains substantially equivalent to the Act on its face or in 

its operations. Such suspension shall not exceed 180 days.

    (3) If the Assistant Secretary determines that, notwithstanding the 

actions taken by the State or locality as described in paragraph (a)(1), 

the law or ordinance remains substantially equivalent on its face and in 

operation to the Act, the Assistant Secretary will rescind the 

suspension and reinstate the agency's interim certification and/or 

recommend the agency for certification. HUD will provide full or partial 

reimbursement for cases processed during the period of the suspension.

    (4) If the Assistant Secretary determines that the actions taken by 

the State or locality do limit the agency's effectiveness interim 

certification will be denied pursuant to Sec.  115.209.

    (b) Suspension based on agency performance. (1) The Assistant 

Secretary may suspend the interim certification of an agency charged 

with the administration of a fair housing law or ordinance if the 

Assistant Secretary has reason to believe that the agency's performance 

does not comply with the criteria set forth by this part. Such 

suspension shall not exceed 180 days.

    (2) If the agency is suspended pursuant to paragraph (b) of this 

section, the FHEO Field Office may elect not to provide payment for 

complaints processed within that period of time unless and until the 

Assistant Secretary determines that the agency is fully in compliance 

with Sec.  115.203. The FHEO Field Office will provide technical 

assistance to the agency during this period of time.

    (3) During the period of a suspension the Assistant Secretary shall 

not refer complaints to the agency.

    (4) Suspension under paragraph (b) of this section renders the 

agency ineligible to receive Fair Housing Assistance Program Funds under 

subpart C of this part, pending correction of the deficiencies by the 

agency.

    (5) Before the end of the suspension, a final performance assessment 

will be provided to the Assistant Secretary upon which a determination 

will be made as to the adequacy of the agency's performance.

    (c) HUD will provide an agency with notice of the specific reasons 

for the suspension of its interim certification



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and an opportunity to respond, in accordance with the procedures set 

forth in HUD issued guidance.