[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR192 App B]

[Page 22-26]

                       TITLE 32--NATIONAL DEFENSE

        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)

PART 192_EQUAL OPPORTUNITY IN OFF-BASE HOUSING--Table of Contents

           Sec. Appendix B to Part 192--Procedures and Reports

                     A. Off-Base Housing Procedures

    DoD personnel seeking off-base housing shall be processed as
follows:
    1. Seen by an HRS when available (optional for DoD civilian
personnel).
    2. Provided assistance in seeking temporary and permanent off-base
housing, as follows:

    a. Counseling on the equal opportunity in off-base housing program
with particular emphasis placed on reporting any indication of
discrimination against DoD personnel in their search for housing.
    b. Counseling and personal assistance shall include the following
services:
    (1) Offering to check by telephone the availability of selected
listings. A record shall be made and retained for future reference of
the date, time, and nature of any conversation confirming the
availability of a facility. The race, color, religion, sex, national
origin, handicap, or familial status of the applicant shall not be
divulged. Caution must be exercised to ensure that a pattern of
``confirmation only for minorities'' does not develop.
    (2) Offering the services of a command representative (such as a
unit sponsor or other designated person, when available) to accompany
and assist the applicant in the search for housing.
    (3) Explaining various discriminatory methods that may be employed
by agents. For instance, an agent may arbitrarily refuse to accept or
consider the applicant as a tenant, falsely indicate the unit sought has
been rented to another applicant, or refuse to make the unit available
under the same terms and conditions as are ordinarily applied to
applicants for the facilities. In such instances the following shall
apply:
    (a) The agent shall be queried on the reasons why the unit is not
available. After all reasonable steps have been taken to ascertain
whether any valid nondiscriminatory reason can be shown for the agent's
rejection of the applicant, and if there appears to be no such reason, a
reasonable effort shall be made to persuade the agent to make the unit
available to the applicant.
    (b) The incident shall be reported immediately by the command
representative and the applicant to the HRS for appropriate command
action.

                 B. Complaint Procedures--United States

    Commanders shall ensure that all DoD personnel are informed of the
scope and provisions of the DoD Equal Opportunity in Off-Base Housing
Program and advised to report immediately to the HRS (when available)
any form of discrimination encountered when seeking housing within a
Civilian Community. Incidents should be reported to base agencies or
command representatives when an HRS is not available (i.e., equal
opportunity officer, unit commander, supervisor). A verbal or written
statement of discriminatory policy by an agent is considered to be an
act or incident of discrimination, and the investigative procedures
outlined in this appendix shall be followed.
    1. Inquiry into Complaint. Complaints of off-base housing
discrimination must receive prompt attention. An inquiry into the
complaint shall begin within 3 working days after receipt of the
complaint. The inquiry may be informal, but must be detailed
sufficiently to determine if discrimination occurred. Upon receipt of a
discrimination complaint, the HRS (if there is no HRS, a command
designated representative) shall take the following action:
    a. Immediately notify the commander.
    b. Promptly interview the complainant to determine the details and
circumstances of the alleged discriminatory act.
    c. Immediately telephone or visit the facility and/or agent
concerned, if the complaint is received shortly after the time of the
alleged act and it concerns the change in availability of a vacancy
(i.e., ``just rented,'' etc.). Attempt to determine if a vacancy exists
without making reference to the complaint received. Request the
commander to authorize the use of verifiers, as necessary. (See this
appendix, subsection B.2.)
    d. Advise the complainant of the provisions and procedures in this
Instruction and of the right to pursue further actions through HUD, DoJ,
and local or State agencies. Coordinate efforts with the Office of Judge
Advocate or other cognizant legal counsel to determine

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to what extent legal assistance can be provided to the complainant.
Assist the complainant in completing seven signed, dated, and notarized
copies of HUD Form 903, ``Housing Discrimination Complaint.'' The fact
that a complainant might report an act of alleged discriminatory
treatment, but declines completing a HUD Form 903, does not relieve the
command of responsibility for making further inquiry and taking such
subsequent actions, as may be appropriate.
    e. Document the complainant's action for future reference and inform
the commander of the results of the HRS preliminary inquiry and actions
taken. The commander shall take action to assist the complainant in
obtaining suitable housing. If, due to previous discriminatory practices
in the community, suitable housing cannot be obtained by the complainant
in a reasonable amount of time, the complainant and the commander may
use this fact to justify a request for priority in obtaining military
housing or for humanitarian reassignment. Reassignment action is a last
resort and must be justified fully through command personnel channels.
    2. Use of Verifiers. Verifiers are authorized to determine if a
vacancy exists and whether or not rental or such practices are
discriminatory. Verifiers shall not be used only for determining
sincerity or normal practices of an agent about whom the HRS has not
received a housing discrimination complaint.
    a. When selecting and using verifiers, the following applies:
    (1) Verification of the vacancy shall be made expediently after
alleged act of discrimination.
    (2) Verifiers may be volunteers. (The equal opportunity office is a
possible source for identifying individuals to be used as verifiers.)
    (3) The purpose of verification is to isolate the attribute of race,
color, religion, sex, national origin, age, handicap, or familial status
that is the suspected basis for the alleged discrimination against the
complainant. Except for those attributes that are considered to be the
source of the discrimination complaint, the verifier should possess
attributes that are similar to the complainant. If two verifiers are
used, one may possess similar attributes to the complainant. Ideally,
two verifiers should be used.
    b. Instructions provided to the verifiers by HRS personnel should
include the following:
    (1) Explanation of the equal opportunity in off-base housing and
off-base housing referral programs.
    (2) Verifiers are to obtain information only on agent and/or
facility operating policies, practices, and procedures for subsequent
determination of complaint validity.
    (3) Verifiers are not to make a verbal or written contract for the
housing unit, pay any money, or say they want the housing unit.
    (4) Verifiers shall be knowledgeable concerning family composition,
pets, and housing requirements of the complainant; they shall ask for
identical housing requirements.
    (5) The following information shall be obtained by the verifier, if
possible:
    (a) Concerning the Facility. What is available? Does it meet the
requirements of the complainant? Amount of rent or cost of facility?
Deposit required? Is an application required? What is the time between
filing an application and permission to move in? Are there minority
families and/or singles in the facility? Make a note of the presence or
absence of a vacancy sign, and any other information deemed appropriate.
    (b) Concerning the Prospective Tenants/Purchasers. If possible,
ascertain criteria and qualifications that must be met (credit rating,
salary, marital status, deposit, written application, etc.) and obtain a
complete description of all procedures for becoming a tenant/purchaser
including all steps from initial inquiry to moving in. Does the agent's
subjective impression of the applicant appear to play any part in the
decision to rent the unit?
    (6) The verifier's statement shall be completed immediately after
the verification visit, if possible. It shall be accurate, objective,
and factual. Include the following in the statement:
    (a) Date, time of visit, persons contacted, positions of persons
contacted. Include any other pertinent information obtained during
visit; i.e., length of time employed at facility, in addition to the
information in this appendix, subparagraph B.2.b.(5), above.
    (b) When reconstructing a conversation, write in the first person
and try to use direct quotes. Do not use pronouns such as ``he,''
``she,'' or ``they.'' Clearly identify who said what to whom.
    (c) Sign and date statement. Give full name, address, telephone
number (duty or home), race, color, religion, sex, national origin, age,
handicap or familial status, as relevant to the complaint.
    3. Complaint Process. If the basic facts of the HRS preliminary
inquiry appear to substantiate the complaint, the commander shall ensure
that the following actions begin within 3 working days of receipt of the
inquiry report:
    a. Informal Hearing. Give written notice to the agent explaining the
nature of the complaint and the agent's right to request an informal
hearing with the commander. The notification shall state specifically
the nature of the discrimination complaint and the right of the agent to
appear personally at the hearing, to be represented by an attorney, to
present evidence, and to call witnesses. The notification also shall
state that the agent has 5 days after receipt of the written notice to
request a hearing. If no request

[[Page 24]]

is received within 5 days, the lack of response shall be considered as a
waiver of the right to such hearing. The written notification either
shall be delivered to the agent personally by a representative of the
commander, or shall be sent to the agent by certified mail with return
receipt requested.
    (1) Composition of an Informal Hearing. The informal hearing shall
be conducted by the commander or designee at a convenient location. The
agent, agent's attorney, the complainant, the complainant's attorney,
the equal opportunity officer, the HRS, the Staff Judge Advocate or
other cognizant legal counsel, or other designated persons may attend.
    (2) Record of Hearing. A summary of the hearing shall be made a part
of the complaint file.
    b. Legal Review. A legal review shall be accomplished following the
inquiry and informal hearing (if applicable) and before the commander's
final decision that the inquiry supports or fails to support the
complaint. The summary and other pertinent documents shall be reviewed
for content and completeness. A statement that such a review was
conducted and signed by the Staff Judge Advocate or other cognizant
legal counsel performing the review shall be made a part of the case
file. That statement shall include:
    (1) Any necessary explanatory remarks, including comments on the
facts and evidence presented.
    (2) Information known about pending complaints brought by other
parties on the same facility and/or agent.
    (3) Comments on the civil rights laws relevant to the particular
case.
    4. Commander's Decision. The responsibility for imposition of
restrictive sanctions rests with the commander and cannot be delegated.
The commander's decision shall be based on a full and impartial review
of all facts and the policies and requirements as stated in this part.
The commander's options include the following:
    a. If the commander determines that more information is required, or
for any reason further inquiry is deemed necessary, an officer shall be
appointed from sources other than the HRS to conduct a formal inquiry or
investigation, as the situation warrants. The officer, if not an
attorney, shall be afforded the advice and assistance of a Staff Judge
Advocate or other cognizant legal counsel.
    b. If, in the commander's judgment, the inquiry or investigation
fails to support the complaint the case shall be considered closed and
the commander shall:
    (1) Inform the complainant in writing of all actions taken and
advise the complainant of rights to pursue further actions to include
the following:
    (a) The right to submit a complaint to the HUD and the DoJ.
    (b) The right to bring a private civil action in a State or Federal
court of competent jurisdiction.
    (c) The availability of legal assistance from their local Staff
Judge Advocate or other cognizant legal counsel in pursuing civil
redress.
    (2) Summarize in the report file the practices giving rise to the
complaint, the actions and results of the inquiry or investigation, and
if discriminatory practices were found, written assurances from the
agent on future facility and/or agent practices. The following
statement, completed by the complainant, shall be included, as part of
the case file: ``I am (am not) satisfied with the efforts taken by the
commander on my behalf to achieve satisfactory resolution of my off-base
housing discrimination complaint.'' If the complainant indicates a lack
of satisfaction, the reasons must be included in the case file.
    (3) Inform the agent of the results of the inquiry by command
correspondence if an informal hearing was held. Such correspondence
should reiterate DoD policy and requirements for equal opportunity in
off-base housing.
    (4) Forward unsubstantiated complaint reports and HUD Form 903 to
the HUD and the DoJ if requested by the complainant.
    (5) Retain a copy of the report file for 2 years for future
reference.
    c. If the inquiry or investigation supports the complainant's charge
of discrimination and the discriminatory act is determined by the
commander to conflict with DoD policy, the commander shall:
    (1) Impose restrictive sanctions against the agent and/or facility
for a minimum of 180 days. Sanctions shall remain in effect until the
requirements in this appendix, subparagraphs B.6.a.(1) or B.6.a.(2),
below, are met. Restrictive sanctions shall be imposed when a suspected
discriminatory act, despite the absence of a formal complaint, is
investigated and found valid. The fact that a validated discrimination
complaint and/or incident has been or is scheduled to be forwarded to
another Agency (the HUD, the DoJ, etc.) is not cause for withholding
sanction action pending the outcome of that Agency's further review or
investigation. When imposing a restrictive sanction, the commander
shall:
    (a) Remove the facility listing(s) from HRO files.
    (b) Impose restrictive sanctions against all facilities owned or
operated by the agent concerned.
    (c) Place the facility on the restrictive sanction list maintained
by the HRS. The restrictive sanction list shall be prepared on official
letterhead stationery, signed by the commander, and include the
authority for and conditions of the restrictive sanctions.
    (d) Inform the agent concerned by command correspondence that:

[[Page 25]]

    (1) Restrictive sanctions have been imposed.
    (2) The reasons, nature, and minimum duration of the restrictions.
    (3) The action required for the removal of sanctions at the
conclusion of the minimum period.

The notification of restrictive sanctions shall be sent by certified
mail, return receipt requested or delivered to the agent personally by a
command representative.
    (e) Provide all DoD personnel reporting to the HRS with a copy of
the restrictive sanction list, and advise members of the Armed Forces
that they may not rent, lease, purchase, or reside in any of the listed
facilities. Obtain a signed acknowledgment of receipt of the restrictive
sanction list from the HRS using a DD Form 1746, ``Application for
Assignment to Housing.''
    (f) Advise other military installations of the restrictive sanction
action taken when the sanctioned facility is located within the
commuting area of their military installations.
    (2) Inform the complainant in writing of all actions taken and
advise the complainant that his or her case will receive continuing
action to include, if the complainant requests, forwarding the case file
to the HUD and/or the DoJ for action.
    (3) Before forwarding the report to the respective Military
Department, prepare a memorandum outlining the following:
    (a) The base efforts made to obtain housing relief for the
complainant.
    (b) The impact of restrictive sanctions on the off-base housing
program and DoD personnel and their dependents.
    (c) Any other considerations deemed relevant.
    (4) Include a statement completed by the complainant for the case
file. (See this appendix, subparagraph B.4.b.(3), above.)
    (5) If the act of discrimination falls within existing regulations,
forward a copy of the complaint and investigation report directly to the
HUD within 180 days after the occurrence of the alleged discriminating
act, using HUD Form 903. The original report shall be sent to the
appropriate HUD Regional Office or the U.S. Department of Housing and
Urban Development Office of Fair Housing and Equal Opportunity, 451 7th
Street SW., Washington, DC 20410. A copy of the complaint and
investigation report shall be forwarded to the Civil Rights Division,
Department of Justice, Washington, DC 20530.
    (6) When more than one complaint alleging discrimination in the same
facility or by the same agent has been received, consolidate the
complaints for the inquiry, legal review, and commander's memorandum.
    d. When a commander receives a complaint alleging further
discrimination in a facility or by an agent after a completed case file
has been closed, the commander shall forward the summary of the facts on
the subsequent complaint, outlined in this enclosure, subparagraph
B.4.c.(6), above. Include brief comments indicating the extent to which
the new complaint affects the previous action.
    5. Followup Actions. After forwarding the report and all required
attachments to the HUD and the DoJ, the commander shall take the
following actions:
    a. Cooperate with the HUD, the DoJ, and the local and State agency
representatives during their investigation and processing of the case,
should those entities seek assistance.
    b. Periodically determine the status of the case by maintaining
liaison with the HUD office concerned. Contact shall be maintained until
such time as the case is resolved by the HUD.
    c. Ensure that the complainant is kept informed directly by the HUD
and/or the DoJ.
    d. Ensure that DoD personnel comply with the restrictive sanctions
imposed on the facility and/or the agent. Housing personnel will comply
with the following:
    (1) Military personnel moving into or changing their place of
residence in the commuting area of a military installation or activity
may not enter into a rental, purchase, or lease arrangement with an
agent or a facility that is under restrictive sanction.
    (2) Implement procedures for ensuring that DoD personnel seeking
housing are made aware of, and are counselled on, current restrictive
sanctions.
    (3) Sanctions are not applicable to the DoD personnel who may be
residing in a facility when the sanction is imposed or to the extension
or renewal of a rental or lease agreement originally entered into before
the imposition of the sanction. Relocation of a military tenant within a
restricted facility is prohibited without the written approval of the
commander.
    (4) If it is determined that a member of the Armed Forces has
intentionally taken residency in a restricted facility contrary to
instructions received by Housing Referral personnel, the commander shall
take appropriate disciplinary action against that number.
    (5) Periodically publish a current listing of restricted facilities
in the base bulletin (or other appropriate means of internal
distribution). Minimally, such publication shall occur when there has
been an addition or deletion to the list.
    6. Removal of Restrictive Sanction
    a. A facility and/or agent may be removed from restrictive sanction
only if one of the following actions is taken:

[[Page 26]]

    (1) The restrictive sanction may be removed before completion of the
180 day restrictive period if an approved waiver request is obtained
from the senior installation commander concerned, or designee.
Consideration shall be given to lifting an imposed sanction only in
exceptional circumstances and in conjunction with a written assurance of
nondiscrimination from the agent concerned.
    (2) After completion of 180 days on restrictive sanction, if the
agent provides written assurance of future nondiscrimination to the HRS.
    b. The commander shall inform the HRS, the equal opportunity office,
and the agent in writing of the removal from restrictive sanction.
    7. ``Privacy Act'' and ``Freedom of Information Act'' Inquiries.
Requests for information from reports of housing discrimination shall be
processed in accordance with 32 CFR parts 285 and 286a.

           C. Compliant Procedures--Outside the United States

    Commanders of installations or activities outside the United States
shall ensure that all DoD personnel, on reporting to the HRS, are
clearly informed of the scope and provisions of the DoD Equal
Opportunity in Off-Base Housing Program and advised to report
immediately to the HRS any form of discrimination encountered as a
tenant, prospective tenant, or purchaser. Incidents reported to base
agencies or representatives other than the HRS (i.e., equal opportunity
officer, unit commander, supervisor) shall be brought to the immediate
attention of the HRS for appropriate action. On receiving a complaint of
discrimination, the commander and HRS shall:
    1. Consult with the Staff Judge Advocate or other cognizant legal
counsel to determine if the laws of the country concerned (or any
subdivision thereof) prohibit any of the actions outlined in this
appendix, section B., above.
    2. Take actions outlined in this appendix, section B, above, except
that a HUD Form 903 shall not be completed because reports of cases
arising outside the United States are not forwarded to the HUD or the
DoJ. Complainants should understand that the fair housing provisions of
the P.L. 90-284, ``Civil Rights Act,'' Title 42, United States, 1982,
and Public Law 100-430, ``Fair Housing Amendments Act of 1988,''
September 13, 1988, are not applicable in areas outside the United
States.
    3. Determine, with legal advice, whether redress for the
discriminatory act should be sought from authorities in the host
country. Redress shall be based on the laws of the country (or
subdivision thereof) concerned.

                        D. Reporting Requirements

    1. A copy of each complaint and investigative report that
substantiates a housing discrimination shall be submitted to the
appropriate Military Department (manpower and reserve affairs and/or the
equal opportunity office) not later than 45 days from the date the case
is completed. Under normal circumstances, the commander of the
installation concerned shall complete the required investigation and
processing complaints within 45 days from the date that a housing
complaint is filed by a complainant.
    2. A copy of complaint and investigative reports that do not
substantiate allegations of housing discrimination shall be kept on file
at the installation level for a 24-month period beginning from the date
the case was completed.