[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: 24CFR115.210]



[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.  115.210  Procedure for certification.



    (a) Certification. (1) If the Assistant Secretary determines, after 

application of the criteria set forth in Sec. Sec.  115.202, 115.203 and 

this section, that the State or local law or ordinance, both ``on its 

face'' and ``in operation,'' 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 enter into a Memorandum of 

Understanding (MOU) with the agency.

    (2) The MOU is a written agreement providing for the referral of 

complaints to the agency and for communication procedures between the 

agency and HUD that are adequate to permit the Assistant Secretary to 

monitor the agency's continuing substantial equivalency certification.

    (3) A MOU, after it is signed by all appropriate signatories, may 

authorize an agency to be a certified agency for a period of not more 

than five years.

    (b) Performance Improvement Plan. (1) 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.

    (2) 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.

    (c) Annual assessments. The Assistant Secretary shall annually 

assess the performance of an agency to determine whether it continues to 

qualify for certification under this part. If the Assistant Secretary 

affirmatively concludes that the agency's law and performance have 

complied with the requirements of this part in each of the five years, 

the Assistant Secretary may offer the agency an updated Memorandum of 

Understanding.

    (d) Interim certification required prior to certification. An agency 

shall receive interim certification prior to receiving certification.