[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: 24CFR9.170]



[Page 166-167]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 9_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT--Table of Contents

 

Sec.  9.170  Compliance procedures.



    (a) Except as provided in paragraph (b) of this section, this 

section applies to all allegations of discrimination on the basis of 

disability in programs or activities conducted by the agency.

    (b) The agency shall process complaints alleging violations of 

section 504 with respect to employment according to the procedures 

established by the Equal Employment Opportunity Commission in 29 CFR 

part 1613 under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 

791).

    (c) The Responsible Official shall coordinate implementation of this 

section.

    (d) Persons may submit complete complaints to the Assistant 

Secretary for Fair Housing and Equal Opportunity, 451 Seventh St., SW., 

Washington, DC 20410, or to any HUD Area Office. The agency shall accept 

and investigate all complete complaints for which the agency has 

jurisdiction. All complete complaints shall be filed within 180 days of 

the alleged act of discrimination. The agency may extend this time 

period for good cause. For purposes of determining when a complaint is 

filed, a complaint mailed to the agency shall be deemed filed on the 

date it is postmarked. Any other complaint shall be deemed filed on the 

date it is received by the agency. The agency shall acknowledge all 

complaints, in writing, within ten (10) working days of receipt of the 

complaint.

    (e) If the agency receives a complaint over which it does not have 

jurisdiction, it shall promptly notify the complainant and shall make 

reasonable efforts to refer the complaint to the appropriate Government 

entity.

    (f) The agency shall notify the Architectural and Transportation 

Barriers Compliance Board upon receipt of any complaint alleging that a 

building or facility that is subject to the Architectural Barriers Act 

of 1968, as amended (42 U.S.C. 4151 through 4157), is not readily 

accessible to and usable by individuals with disabilities. The agency 

shall delete the identity of the complainant from the copy of the 

complaint.

    (g)(1) Within 180 days of the receipt of a complete complaint for 

which it has jurisdiction, the Office of Fair Housing and Equal 

Opportunity shall complete the investigation of the complaint, attempt 

informal resolution, and if no informal resolution is achieved, issue a 

letter of findings. If a complaint is filed against the Office of Fair 

Housing and Equal Opportunity, the Secretary or a designee of the 

Secretary shall investigate and resolve the complaint through informal 

agreement or letter of findings.

    (2) If a complaint is resolved informally, the terms of the 

agreement shall be reduced to writing and made part of the complaint 

file, with a copy of the agreement provided to the complainant and the 

agency. The written agreement may include a finding on the issue of 

discrimination and shall describe any corrective action to which the 

complainant and the respondent have agreed.

    (3) If a complaint is not resolved informally, the Office of Fair 

Housing and Equal Opportunity or a person designated under this 

paragraph shall notify the complainant of the results of the 

investigation in a letter containing--

    (i) Findings of fact and conclusions of law;

    (ii) A description of a remedy for each violation found;

    (iii) A notice of the right to appeal to the Secretary;

    (h)(1) Appeals of the findings of fact and conclusions of law or 

remedies must be filed by the complainant within 90 days of receipt from 

the agency of



[[Page 167]]



the letter required by Sec.  9.170(g). The Assistant Secretary or the 

person designated by the Secretary to decide an appeal of a complaint 

filed against the Office of Fair Housing and Equal Opportunity may 

extend this time for good cause.

    (2) Timely appeals shall be accepted and processed by the Assistant 

Secretary. Decisions on an appeal shall not be issued by the person who 

made the initial determination.

    (i) The Assistant Secretary or the person designated by the 

Secretary to decide an appeal of a complaint filed against the Office of 

Fair Housing and Equal Opportunity shall notify the complainant of the 

results of the appeal within 60 days of the receipt of the request. If 

the agency determines that it needs additional information from the 

complainant, it shall have 60 days from the date it receives the 

additional information to make its determination on the appeal.

    (j) The time limits cited in paragraphs (g) and (i) of this section 

may be extended with the permission of the Assistant Attorney General.

    (k) The agency may delegate its authority for conducting complaint 

investigations to other Federal agencies, except that the authority for 

making the final determination may not be delegated to another agency.