[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: 24CFR115.209]



[Page 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.  115.209  Denial of interim certification.



    (a) If the Assistant Secretary determines, after application of the 

criteria set forth in this part that the State and local law or 

ordinance, on its face or in its operation, does not provide substantive 

rights, procedures, remedies, and availability of judicial review for 

alleged discriminatory housing practices which are substantially 

equivalent to those provided in the Fair Housing Act, the Assistant 

Secretary shall inform the State or local official in writing of the 

reasons for that determination.

    (b) The agency, within 20 days from the date of the receipt of this 

notice, may submit, in writing, any opposition to the planned denial of 

interim certification to the Assistant Secretary. The Assistant 

Secretary will evaluate all pertinent written comments, information, and 

documentation. If, after reviewing all materials submitted by the 

agency, the Assistant Secretary is still of the opinion that interim 

certification should be denied, the Assistant Secretary will inform the 

agency in writing of that determination.

    (c) If the agency does not, within 20 days of receipt of the 

Assistant Secretary's notice of denial of interim certification, make a 

request of the Assistant Secretary under paragraph (b) of this section 

to submit additional data, views, or comments, no further action shall 

be required of the Assistant Secretary and denial of interim 

certification shall occur.