[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: 24CFR115.211]



[Page 712-713]

 

                 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.  115.211  Suspension of certification.



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

Secretary may suspend the agency's 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:



[[Page 713]]



    (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 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 on its face and in its 

operation to the Act. Such suspension shall not exceed 180 days.

    (3) If the Assistant Secretary determines that 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, certification 

will be withdrawn pursuant to Sec.  115.212.

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

Secretary may suspend the 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 this paragraph also 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 certification and an opportunity to respond, 

in accordance with the procedures set forth in HUD issued guidance.