SECTION 504
COMPLAINT PROCESS
The
following is an overview of how HUD processes complaints filed by
individuals who have experienced disability discrimination under
the law called Section 504. Section 504 of the Rehabilitation Act
protects you from discrimination in HUD-funded programs for which
you qualify, and is commonly called "Section 504." This
overview of the Section 504 complaint process contains citations
to 24 CFR 8.1-8.58. These are references to specific sections of
the Code of Federal Regulations that contain HUD's regulations for
Section 504. These HUD regulations set forth more specific rules
with respect to how Section 504 applies to various HUD-assisted
programs.
What
is a Complaint?
A
complaint is a communication alleging discrimination on the basis
of disability and in some way asking for HUD's assistance in resolving
the problem. It may range from a verbal communication (which is
later put in writing) to a complaint submitted on either the old
HUD-903 Complaint Form, or on the new HUD Housing Discrimination
Information Form. The complaint should contain:
-
the
complainant's name and address;
-
the
name and address of the individual or organization (usually
the recipient of federal assistance) alleged to have discriminated;
and
-
a
description of the discriminatory actions and the date of
those actions. [24 CFR 8.56(c)(5)]
The
complaint may be amended fairly and reasonably at any time to clarify
or amplify the allegation. [24 CFR 8.56(c)(6)]
Although
a complaint will contain the name of the complainant, HUD will keep
the identity of the complainant confidential unless it has written
authorization from the complainant to release it, or except as necessary
to carry out the purpose of the Section 504 regulations, including
the enforcement provisions. [(24 CFR 8.56(c)(2)]
When Must a Complaint be Filed?
Under
Section 504, a complaint must be filed within 180 days of the alleged
act of discrimination unless HUD waives this time limit for good
cause shown. The complaint is deemed received on the date HUD actually
receives it or, if mailed, on the date it is postmarked. [24 CFR
8.56(c)(3)]
Who May File a Complaint?
Any
individual who believes he or she has been discriminated against
on the basis of disability by a recipient of Federal financial assistance,
his or her representative, or a member of a class of persons so
situated, or the authorized representative of a member of that class.
[24 CFR 8.56(c)(1)]
Who is an Individual with Disabilities?
An
individual with disabilities means any person who has a physical
or mental impairment that substantially limits one or more major
life activities; has a record of such an impairment; or is regarded
as having such an impairment. [24 CFR 8.3]
Where May a Complaint be Filed?
A
complaint may be filed by mail with HUD Headquarters or with any
HUD Office. [24 CFR 8.56(c)(4)] A
complaint may also be filed online.
Notification to Parties
Within
ten days of receipt, HUD will notify the complainant and the recipient
that it has received the complaint. [24 CFR 8.56(d)]
Accepting the Complaint
Within
twenty days of acknowledging its receipt of a complaint, HUD must
determine whether it will accept, reject, or refer the complaint
to another Federal agency, and must notify the parties of that decision.
[24 CFR 8.56(e)(1)(i)]
To do so, HUD must determine if it has jurisdiction over the complaint.
Does
HUD have Jurisdiction?
HUD
considers several factors in determining if it has jurisdiction
to investigate the complaint. HUD must determine if the complainant
or the person he or she represents is a person the law was designed
to protect. In making this determination, the Department must determine
whether the individual, or the person the individual represents,
is a person with a disability as defined by Section 504. The Department
also must determine if the individual is "otherwise qualified"
for the program or activity alleged to have discriminated. For most
HUD-assisted programs, an individual must have income below a certain
level in order to be eligible. In some cases, disability may also
be an eligibility factor. For example, if a housing program is set
up under the Department's Housing Opportunities for Persons with
AIDS (HOPWA) program, and the complainant's only disability is a
visual impairment, the person would not be qualified for the HOPWA
project because that project is designed to meet the needs of persons
with AIDS. Therefore, HUD would lack jurisdiction to process this
complaint under Section 504.
Another
factor HUD must consider in determining jurisdiction is whether
the alleged act of discrimination occurred in a program, service
or activity that receives Federal financial assistance from HUD
for the period during which the act occurred. If both of these conditions
are not met, HUD must reject the complaint and notify the complainant
and the recipient of that decision. For example, if a privately
owned apartment building received HUD funds only during the period
from January 1989 to June 1990, and the alleged act of discrimination
occurred in February 1988, HUD would lack jurisdiction.
If
HUD has jurisdiction over the case, then HUD will accept the complaint
for investigation.
Notification of the Parties and the Recipient's Opportunity to Respond
Once
the complaint has been accepted for investigation, HUD will notify
the complainant, the award official, and the recipient of its acceptance.
HUD will also notify the recipient of the allegations and provide
an opportunity for a written response to the allegations within
thirty days of receiving the notice. (Like the complaint, the recipient's
response may be amended for good cause at any time. [24 CFR 8.56(e)(1)(ii)]
Voluntary Resolution of the Issues
During
its investigation of the complaint, HUD will make every effort to
define all of the issues contained in the complaint. Throughout
the complaint process, HUD will encourage a voluntary resolution
of the matter, and will assist the parties in resolving the complaint
through informal resolution or voluntary compliance. A matter may
be resolved by informal means at any time. If the Department has
issued a letter finding noncompliance, the Department will attempt
to resolve the issues through voluntary compliance. The Department
will develop a written voluntary compliance agreement and will attempt
to reach a resolution that satisfies the complainant, however, the
Department's primary obligation will be to ensure that any violations
of Section 504 are remedied and that actions are taken to ensure
that the recipient will not violate the rights of other persons
under Section 504. [24 CFR 8.56(j)]
The Investigation
During
the complaint investigation, the Department will request all of
the information that the Department believes is necessary in order
to fully investigate the issues in the complaint. The complaint
investigation will involve interviews and meetings with the parties,
including any witnesses or other persons identified as having some
involvement in the issues of the complaint. The Department may also
conduct on-site reviews of facilities that are under the recipient's
oversight, if these facilities are a part of the complaint. [24
CFR 8.56(d) and (e)] Once the complaint investigation is completed,
the Department will compile all of its findings in a Final Investigative
Report (FIR).
Preliminary Letter of Findings and Right to Request a Review
If
an informal resolution of the complaint is not achieved, the Department
will issue a "Preliminary Letter of Findings." This letter
will contain the preliminary findings of fact, and a preliminary
finding of compliance or noncompliance. If the finding is noncompliance,
the Preliminary Letter of Findings will include a description of
each violation and an appropriate remedy. It also explains that
a copy of the Final Investigative Report will be made available
upon request to the recipient. A copy of the letter should also
be sent to the complainant. [24 CFR 8.56(g)] This letter will also
notify both parties that they have the right to request a complete
review of the letter of findings, provided that such request is
submitted within 30 days of receipt of the Letter of Findings, and
that the request includes a written description of supplementary
information that was not considered during the investigation of
the complaint. [24 CFR 8.56(h)]
The
Preliminary Letter of Findings may also include a Voluntary Compliance
Agreement (VCA) outlining all steps necessary, along with timelines,
on the part of the recipient to remedy the identified violations
and bring the recipient into compliance. If the recipient agrees
to the VCA and signs it, HUD will not proceed with enforcement activities.
[24 CFR 8.56(j)]
Formal Determination
If
a request for review is made, it must be accompanied by a written
statement of the reasons the Preliminary Letter of Findings should
be modified in light of supplementary information, as explained
above. [24 CFR 8.56(h)] When a request for review is received from
either party, a copy of it will be sent to the other party with
notice of their right to respond to the request within twenty days.
[24 CFR 8.56(h)(2)] Within sixty days of the request for review,
the reviewing civil rights official will issue its formal determination,
either sustaining or modifying the letter of findings. This decision
will constitute HUD's formal determination. [24 CFR 8.56(h)(3)]
If
neither party requests a review of the Letter of Findings, the Department
will issue a formal determination within 14 calendar days after
the 30-day time period under which such a request may be made. The
formal determination will indicate compliance or noncompliance,
and HUD will send this determination to the recipient, the complainant
and the award official. [24 CFR 8.56(h)(4)]
The
Department wishes to emphasize that throughout the complaint process,
all efforts will be made to reach a voluntary resolution of the
matter. However, in cases of a determination of noncompliance, once
the formal Letter of Determination has been issued, the recipient
will have ten (10) calendar days in which to agree to come into
voluntary compliance. If the recipient fails to meet this deadline,
the Department will initiate enforcement proceedings under the procedures
outlined at 24 CFR 8.57. [24 CFR 8.56(i)]
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