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8000 - Miscellaneous Statutes and Regulations
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PART 103—FAIR HOUSING—COMPLAINT PROCESSING
Subpart A—Purpose and Definitions
Sec.
103.1
Purpose and applicability.
103.5
Other civil rights authorities.
103.9
Definitions.
Subpart B—Complaints
103.10
What can I do if I believe someone is discriminating against me in the
sale, rental, finance, or advertisement of housing?
103.15
Can I file a claim if the discrimination has not yet occured?
103.20
Can someone help me with filing a claim?
103.25
What information should I provide HUD?
103.30
How should I bring a claim that I am the victim of discrimination?
103.35
Is there a time limit on when I can file?
103.40
Can I change my complaint after it is filed?
Subpart C—Referral of Complaints to State and Local Agencies
103.100
Notification and referral to substantially equivalent state or local
agencies.
103.105
Cessation of action on referred complaints.
103.110
Reactivation of referred complaints.
103.115
Notification upon reactivation.
Subpart D—Investigation Procedures
103.200
Investigations.
103.201
Service of notice on aggrieved person.
103.202
Notification of respondent; joinder of additional or substitute
respondents.
103.203
Answer to complaint.
103.204
HUD complaints and compliance reviews.
103.205
Systemic processing.
103.215
Conduct of investigation.
103.220
Cooperation of federal, state and local agencies.
103.225
Completion of investigation.
103.230
Final investigative report.
Subpart E—Conciliation Procedures
103.300
Conciliation.
103.310
Conciliation agreement.
103.315
Relief sought for aggrieved persons.
103.320
Provisions sought for the public interest.
103.325
Termination of conciliation efforts.
103.330
Prohibitions and requirements with respect to disclosure of information
obtained during conciliation.
103.335
Review of compliance with conciliation agreements.
Subpart F—Issuance of Charge
103.400
Reasonable cause determination.
103.405
Issuance of charge.
103.410
Election of civil action or provision of administrative proceeding.
Subpart G—Prompt Judicial Action
103.500
Prompt judicial action.
Subpart H—Other Action
103.510
Other action by HUD.
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103.515
Action by other agencies.
AUTHORITY: 42 U.S.C. 3535(d), 3600--3619.
SOURCE: 54 FR 3292, Jan. 23, 1989; 64 Fed. Reg. 46843, August 27,
1999, effective September 27, 1999 unless otherwise noted.
Subpart A—Purpose and Definitions
§ 103.1 Purpose and applicability.
(a) This part contains the procedures established by the Department
of Housing and Urban Development for the investigation and conciliation
of complaints under section
810 of the Fair Housing Act, 42 U.S.C. 3610.
(b) This part applies to:
(1) Complaints alleging discriminatory housing practices because
of race, color, religion, sex or national origin; and
(2) Complaints alleging discriminatory housing practices on
account of handicap or familial status occurring on or after March 12,
1989.
(c) Part 180 of this chapter governs the administrative proceedings
before an administrative law judge adjudicating charges issued under
§ 103.405.
(d) The Department will reasonably accommodate persons with
disabilities who are participants in complaint processing.
[Codified to 24 C.F.R. § 103.1]
[Section 103.1 amended at 62 Fed. Reg. 66433, December 18,
1997, effective January 30, 1998]
§ 103.5 Other civil rights authorities.
In addition to the Fair Housing Act, other civil rights authorities
may be applicable in a particular case. Thus, where a person charged
with a discriminatory housing practice in a complaint filed under
section 810 of the Fair Housing Act is also prohibited from engaging in
similar practices under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d--2000d--5), section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5309), Executive Order 11063 of
November 20, 1962, on Equal Opportunity in Housing (27 FR 11527--11530,
November 24, 1962), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), the Age Discrimination Act (42 U.S.C. 6101) or other
applicable law, the person may also be subject to action by HUD or
other federal agencies under the rules, regulations, and procedures
prescribed under title VI (24 CFR Parts 1 and 2), section 109 (24 CFR
570.602)), Executive Order 11063 (24 CFR Part 107), section 504 (24 CFR
Part 8), or other applicable law.
[Codified to 24 C.F.R.
§ 103.5]
§ 103.9 Definitions.
The terms Fair Housing Act, General Counsel, and
HUD are defined in 24 CFR part 5.
Aggrieved person includes any person who:
(a) Claims to have been injured by a discriminatory housing
practice; or
(b) Believes that such person will be injured by a discriminatory
housing practice that is about to occur.
Assistant Secretary means the Assistant Secretary for
Fair Housing and Equal Opportunity in HUD.
Attorney General means the Attorney General of the United
States.
Complainant means the person (including the Assistant
Secretary) who files a complaint under this part.
Conciliation means the attempted resolution of issues
raised by a complaint, or by the investigation of a complaint, through
informal negotiations involving the aggrieved person, the respondent,
and the Assistant Secretary.
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Conciliation agreement means a written agreement setting
forth the resolution of the issues in conciliation.
Discriminatory housing practice means an act that is
unlawful under section 804,
805,
806 or
818 of the Fair Housing Act,
as described in Part 100.
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Dwelling means any building, structure, or portion
thereof which is occupied as, or designed or intended for occupancy as,
a residence by one or more families, or any vacant land which is
offered for sale or lease for the construction or location thereon of
any such building, structure, or portion thereof.
Person includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustee in cases under title 11 U.S.C.,
receivers and fiduciaries.
Personal service means handing a copy of the document to
the person to be served or leaving a copy of the document with a person
of suitable age and discretion at the place of business, residence or
usual place of abode of the person to be served.
Receipt of notice means the day that personal service is
completed by handing or delivering a copy of the document to an
appropriate person or the date that a document is delivered by
certified mail.
Respondent means:
(a) The person or other entity accused in a complaint of a
discriminatory housing practice; and
(b) Any other person or entity identified in the course of
investigation and notified as required under § 103.50.
State means any of the several states, the District of
Columbia, the Commonwealth of Puerto Rico, or any of the territories
and possessions of the United States.
Substantially equivalent state or local agency means a
state or local agency certified by HUD under
24 CFR Part 115 (including
agencies certified for interim referrals).
To rent includes to lease, to sublease, to let, and
otherwise to grant for consideration the right to occupy premises not
owned by the occupant.
[Codified to 24 C.F.R. § 103.9]
[Section 103.9 amended at 61 Fed. Reg. 5205, February 9, 1996,
effective March 11, 1996]
Subpart B—Complaints
§ 103.10 What can I do if I believe someone is discriminating
against me in the sale, rental, finance, or advertisement of housing?
You can notify HUD if you believe there has been discrimination
against you in any activity related to housing because of race, color,
religion, national origin, sex, disability, or the presence of children
under the age of 18 in a household.
[Codified to 24 C.F.R. § 103.10]
[Section 103.10 amended at 64 Fed. Reg. 18540, April 14, 1999,
effective May 14, 1999]
§ 103.15 Can I file a claim if the discrimination has not yet
occurred?
Yes, you may file a claim with HUD if you have knowledge that a
discriminatory action is about to occur.
[Codified to 24 C.F.R. § 103.15]
[Section 103.15 amended at 64 Fed. Reg. 18540, April 14, 1999,
effective May 14, 1999]
§ 103.20 Can someone help me with filing a claim?
HUD's Office of Fair Housing and Equal Opportunity can help you in
filing a claim, if you contact them directly. You, or anyone who acts
for you, may also ask any HUD office or an organization, individual, or
attorney to help you.
[Codified to 24 C.F.R. § 103.20]
[Section 103.20 amended at 64 Fed. Reg. 18540, April 14,
1999, effective May 14, 1999]
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§ 103.25 What information should I provide to HUD?
You should provide us with:
(a) Your name, address, and telephone numbers where you can be
reached;
(b) The name and address of the persons, businesses, or
organizations you believe discriminated against you;
(c) If there is a specific property involved, you should provide
the property's address and physical description, such as apartment,
condominium, house, or vacant lot; and
(d) A brief description of how you were discriminated against in an
activity related to housing. You should include in this description the
date when the discrimination happened and why you believe the
discrimination occurred because of race, color, religion, national
origin, sex, disability, or the presence of children under the age of
18 in a household.
[Codified to 24 C.F.R. § 103.25]
[Section 103.25 amended at 64 Fed. Reg. 18540, April 14,
1999, effective May 14, 1999]
§ 103.30 How should I bring a claim that I am the victim of
discrimination?
(a) You can file a claim by mail or telephone with any of HUD's
Offices of Fair Housing and Equal Opportunity or with any State or
local agency that HUD has certified to receive complaints.
(b) You can call or go to any other HUD office for help in filing a
claim. These offices will send your claim to HUD's Office of Fair
Housing and Equal Opportunity, which will contact you about the filing
of your complaint.
[Codified to 24 C.F.R. § 103.30]
[Section 103.30 amended at 61 Fed. Reg. 14379, April 1,
1996, effective May 1, 1996; 61 Fed. Reg. 18249, April 25, 1996,
effective May 1, 1996; 64 Fed. Reg. 18540, April 14, 1999, effective
May 14, 1999]
§ 103.35 Is there a time limit on when I can file?
(a) Yes, you must notify us within one year that you are a victim
of discrimination. If you indicate that there is more than one act of
discrimination, or that the discrimination is continuing, we must
receive your information within one year of the last incident of
discrimination.
[Codified to 24 C.F.R. § 103.35]
[Section 103.35 added at 64 Fed. Reg. 18540, April 14,
1999, effective May 14, 1999]
§ 103.40 Can I change my complaint after it is filed?
(a) Yes, you may change your fair housing complaint:
(1) At any time to add or remove people according to the law and
the facts; or
(2) To correct other items, such as to add additional information
found during the investigation of the complaint.
(b) You must approve any change to your complaint; we will consider
the changes made as of the date of your original complaint.
[Codified to 24 C.F.R. § 103.40]
[Section 103.40 amended at 64 Fed. Reg. 18540, April 14, 1999,
effective May 14, 1999]
Subpart C—Referral of Complaints to State and Local
Agencies
§ 103.100 Notification and referral to substantially equivalent
state or local agencies.
(a) Whenever a complaint alleges a discriminatory housing practice
that is within the jurisdiction of a substantially equivalent state or
local agency and the agency is certified or may accept interim
referrals under 24 CFR Part
115 with regard to the alleged discriminatory housing practice,
the Assistant Secretary will notify the agency of the
filing
{{6-30-00 p.9657}}of the complaint and
refer the complaint to the agency for further processing before HUD
takes any action with respect to the complaint. The Assistant Secretary
will notify the state or local agency of the referral by certified
mail.
(b) The Assistant Secretary will notify the aggrieved person and
the respondent, by certified mail or personal service, of the
notification and referral under paragraph (a) of this section. The
notice will advise the aggrieved person and the respondent of the
aggrieved person's right to commence a civil action under
section 813 of the Fair
Housing Act in an appropriate United States District Court, not later
than two years after the occurrence or termination of the alleged
discriminatory housing practice. The notice will state that the
computation of this two-year period excludes any time during which a
proceeding is pending under this part or
Part 180 with respect to
complaint of charge based on the alleged discriminatory housing
practice. The notice will also state that the time period includes the
time during which an action arising from a breach of a conciliation
agreement under section
814(b)(2) of the Fair Housing Act is pending.
[Codified to 24 C.F.R. § 103.100]
[Section 103.100 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4,
1996]
§ 103.105 Cessation of action on referred complaints.
A referral under § 103.100 does not prohibit the Assistant
Secretary from taking appropriate action to review or investigate
matters in the complaint that raise issues cognizable under other civil
rights authorities applicable to departmental programs (see
§ 103.5).
[Codified to 24 C.F.R. § 103.105]
[Section 103.105 amended at 61 Fed. Reg. 14379, April 1,
1996, effective May 1, 1996; 61 Fed. Reg. 18249, April 25, 1996,
effective May 1, 1996]
§ 103.110 Reactivation of referred complaints.
The Assistant Secretary may reactivate a complaint referred under
§ 103.100 for processing by HUD if:
(a) The substantially equivalent state or local agency consents or
requests the reactivation;
(b) The Assistant Secretary determines that, with respect to the
alleged discriminatory housing practice, the agency no longer qualifies
for certification as a substantially equivalent state or local agency
and may not accept interim referrals; or
(c) The substantially equivalent state or local agency has failed
to commence proceedings with respect to the complaint within 30 days of
the date that it received the notification and referral of the
complaint; or the agency commenced proceedings within this 30-day
period, but the Assistant Secretary determines that the agency has
failed to carry the proceedings forward with reasonable promptness.
[Codified to 24 C.F.R. § 103.110]
[Section 103.110 amended at 61 Fed. Reg. 14379, April 1,
1996, effective May 1, 1996; 61 Fed. Reg. 18249, April 25, 1996,
effective May 1, 1996]
§ 103.115 Notification upon reactivation.
(a) Whenever a complaint referred to a state or local fair housing
agency under § 103.100 is reactivated under § 103.110, the
Assistant Secretary will notify the substantially equivalent state or
local agency, the aggrieved person and the respondent of HUD's
reactivation. The notification will be made by certified mail or
personal service.
(b) The notification to the respondent and the aggrieved person
will:
(1) Advise the aggrieved person and the respondent of the time
limits applicable to complaint processing and the procedural rights and
obligations of the aggrieved person and the respondent under this part
and Part 180.
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(2) State that HUD will process the complaint under the Fair
Housing Act and that the state or local agency to which the complaint
was referred may continue to process the complaint under state or local
law.
(3) Advise the aggrieved person and the respondent of the
aggrieved person's right to commence a civil action under
section 813 of the Fair
Housing Act in an appropriate United States District Court, not later
than two years after the occurrence or termination of the alleged
discriminatory housing practice. The notice will state that the
computation of this two-year period excludes any time during which a
proceeding is pending under this part or Part 180 with respect to a
complaint or charge based on the alleged discriminatory housing
practice under Part 180. The notices will also state that the time
period includes the time during which an action arising from a breach
of conciliation agreement under section 814(b)(2) of the Fair Housing
Act is pending.
[Codified to 24 C.F.R. § 103.115]
[Section 103.115 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4, 1996]
Subpart D—Investigation Procedures
§ 103.200 Investigations.
(a) Upon the filing of a complaint under
§ 103.40, the Assistant
Secretary will initiate an investigation. The purposes of an
investigation are:
(1) To obtain information concerning the events or transactions
that relate to the alleged discriminatory housing practice identified
in the complaint.
(2) To document policies or practices of the respondent involved
in the alleged discriminatory housing practice raised in the complaint.
(3) To develop factual data necessary for the General Counsel to
make a determination under
§ 103.400 whether, and
the Assistant Secretary to make a determination under § 103.400 that
no reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur, and to take other actions
provided under this part.
(b) Upon the written direction of the Assistant Secretary, HUD may
initiate an investigation of housing practices to determine whether a
complaint should be filed under subpart B of this part. Such
investigations will be conducted in accordance with the procedures
described under this subpart.
[Codified to 24 C.F.R. § 103.200]
[Section 103.200 amended at 55 Fed. Reg. 53293, December
28, 1990, effective January 28, 1991]
§ 103.201 Service of notice on aggrieved person.
Upon the filing of a complaint, the Assistant Secretary will notify,
by certified mail or personal service, each aggrieved person on whose
behalf the complaint was filed. The notice will:
(a) Acknowledge the filing of the complaint and state the date that
the complaint was accepted for filing.
(b) Include a copy of the complaint.
(c) Advise the aggrieved person of the time limits applicable to
complaint processing and of the procedural rights and obligations of
the aggrieved person under this part
and Part 180.
(d) Advise the aggrieved person of his or her right to commence a
civil action under section 813
of the Fair Housing Act in an appropriate United States District Court,
not later than two years after the occurrence or termination of the
alleged discriminatory housing practice. The notice will state that the
computation of this two-year period excludes any time during which a
proceeding is pending under this part or Part 180 with respect to a
complaint or charge based on the alleged discriminatory housing
practice. The notice will also state that the time period includes the
time during which an action arising
{{12-31-07 p.9659}}from a breach of a
conciliation agreement under section 814(b)(2) of the Fair Housing Act
is pending.
(e) Advise the aggrieved person that retaliation against any person
because he or she made a complaint or testified, assisted, or
participated in an investigation or conciliation under this part or an
administrative proceeding under Part 180, is a discriminatory housing
practice that is prohibited under
section 818 of the Fair
Housing Act.
[Codified to 24 C.F.R. § 103.201]
[Section 103.45 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4, 1996; redesignated as § 103.201 at 64
Fed. Reg. 18540, April 14, 1999, effective May 14,
1999]
§ 103.202 Notification of respondent; joinder of additional or
substitute respondents.
(a) Within ten days of the filing of a complaint under
§ 103.40 or the filing of
an amended complaint under § 103.42, the Assistant Secretary will
serve a notice on each respondent by certified mail or by personal
service. A person who is not named as a respondent in a complaint, but
who is identified in the course of the investigation under subpart D of
this part as a person who is alleged to be engaged, to have engaged, or
to be about to engage in the discriminatory housing practice upon which
the complaint is based may be joined as an additional or substitute
respondent by service of a notice on the person under this section
within ten days of the identification.
(b) The Assistant Secretary will also serve notice on any person
who directs or controls, or who has the right to direct or control, the
conduct of another person who is involved in a fair housing complaint.
[Codified to 24 C.F.R. § 103.202]
[Section 103.50 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4, 1996; redesignated as § 103.202 at 64
Fed. Reg. 18540, April 14, 1999, effective May 14,
1999]
§ 103.203 Answer to complaint.
(a) The respondent may file an answer not later than ten days after
receipt of the notice described in § 103.50. The respondent may
assert any defense that might be available to a defendant in a court of
law. The answer must be signed and affirmed by the respondent. The
affirmation must state: "I declare under penalty of perjury that the
foregoing is true and correct."
(b) An answer may be reasonably and fairly amended at any time with
the consent of the Assistant Secretary.
[Codified to 24 C.F.R. § 103.203]
[Section 103.55 redesignated as § 103.203 at 64 Fed. Reg. 18540,
April 14, 1999, effective May 14, 1999]
§ 103.204 HUD complaints and compliance reviews.
(a) The Assistant Secretary may conduct an investigation and file a
complaint under this subpart based on information that one or more
discriminatory housing practices has occurred, or is about to occur.
(b) HUD may also initiate compliance reviews under other
appropriate civil rights authorities, such as E.O. 11063 on Equal
Opportunity in Housing, title VI of the Civil Rights Act of 1964,
section 109 of the Housing and Community Development Act of 1974,
section 504 of the Rehabilitation Act of 1973 or the Age Discrimination
Act of 1975.
(c) HUD may also make the information you provide available to
other Federal, State, or local agencies having an interest in the
matter. In making such information available, HUD will take steps to
protect the confidentiality of any informant or complainant when
desired by the informant or complainant.
{{12-31-07 p.9660}}
[Codified to 24 C.F.R. § 103.204]
[Section 103.204 added at 64 Fed. Reg. 18540, April 14, 1999,
effective May 14, 1999]
§ 103.205 Systemic processing.
Where the Assistant Secretary determines that the alleged
discriminatory practices contained in a complaint are pervasive or
institutional in nature, or that the processing of the complaint will
involve complex issues, novel questions of fact or law, or will affect
a large number of persons, the Assistant Secretary may identify the
complaint for systemic processing. This determination can be based on
the face of the complaint or on information gathered in connection with
an investigation. Systemic investigations may focus not only on
documenting facts involved in the alleged discriminatory housing
practice that is the subject of the complaint but also on review of
other policies and procedures related to matters under investigation,
to make sure that they also comply with the nondiscrimination
requirements of the Fair Housing Act.
[Codified to 24 C.F.R.
§ 103.205]
§ 103.215 Conduct of investigation.
(a) In conducting investigations under this part, the Assistant
Secretary will seek the voluntary cooperation of all persons to obtain
access to premises, records, documents, individuals, and other possible
sources of information; to examine, record, and copy necessary
materials; and to take and record testimony or statements of persons
reasonably necessary for the furtherance of the investigation.
(b) The Assistant Secretary may conduct and order discovery in aid
of the investigation by the same methods and to the same extent that
discovery may be ordered in an administrative proceeding under 24 CFR
part 180 , except that the Assistant Secretary shall have the power to
issue subpoenas described in 24
CFR 180.545 in support of the
{{8-31-98 p.9661}}investigation.
Subpoenas issued by the Assistant Secretary must be approved by the
General Counsel as to their legality before issuance.
[Codified to 24 C.F.R. § 103.215]
[Section 103.215 amended at 61 Fed. Reg. 41482, August 8,
1996, effective September 9, 1996; 61 Fed. Reg. 52218, October 4, 1996,
effective November 4, 1996; 62 Fed. Reg. 66433, December 18, 1998,
effective January 30, 1998]
§ 103.220 Cooperation of Federal, State, and local agencies.
The Assistant Secretary, in processing Fair Housing Act complaints,
may seek the cooperation and utilize the services of federal, state or
local agencies, including any agency having regulatory or supervisory
authority over financial institutions.
[Codified to 24 C.F.R.
§ 103.220]
§ 103.225 Completion of investigation.
The investigation will remain open until a determination is made
under § 103.400, or a
conciliation agreement is executed and approved under
§ 103.310. Unless it is
impracticable to do so, the Assistant Secretary will complete the
investigation of the alleged discriminatory housing practice within 100
days of the filing of the complaint (or where the Assistant Secretary
reactivates the complaint, within 100 days after service of the notice
of reactivation under
§ 103.115). If the
Assistant Secretary is unable to complete the investigation within the
100-day period, HUD will notify the aggrieved person and the
respondent, by mail, of the reasons for the delay.
[Codified to 24 C.F.R. § 103.225]
[Section 103.225 amended at 55 Fed. Reg. 3211, January 31,
1990, effective March 2, 1990; 61 Fed. Red. 14380, April 1, 1996,
effective May 1, 1996; 61 Fed. Reg. 18249, April 25, 1996, effective
May 1, 1996]
§ 103.230 Final investigative report.
(a) At the end of each investigation under this part, the Assistant
Secretary will prepare a final investigative report. The investigative
report will contain:
(1) The names and dates of contacts with witnesses, except that
the report will not disclose the names of witnesses that request
anonymity. HUD, however, may be required to disclose the names of such
witnesses in the course of an administrative hearing under Part 180 of
this chapter or a civil action under title VIII of the Fair Housing
Act;
(2) A summary and the dates of correspondence and other contacts
with the aggrieved person and the respondent;
(3) A summary description of other pertinent records;
(4) A summary of witness statements; and
(5) Answers to interrogatories.
(b) A final investigative report may be amended at any time, if
additional evidence is discovered.
(c) Notwithstanding the prohibitions and requirements with respect
to disclosure of information contained in
§ 103.330, the Assistant
Secretary will make information derived from an investigation,
including the final investigative report, available to the aggrieved
person and the respondent. Following the completion of investigation,
the Assistant Secretary shall notify the aggrieved person and the
respondent that the final investigation report is complete and will be
provided upon request.
[Codified to 24 C.F.R. § 103.230]
[Section 103.230 amended at 62 Fed. Reg. 66433, December
18, 1998, effective January 30, 1998]
{{8-31-98 p.9662}}
Subpart E—Conciliation Procedures
§ 103.300 Conciliation.
(a) During the period beginning with the filing of the complaint
and ending with the filing of a charge or the dismissal of the
complaint by the General Counsel or the Assistant Secretary, the
Assistant Secretary will, to the extent feasible, attempt to conciliate
the complaint.
(b) In conciliating a complaint, HUD will attempt to achieve a just
resolution of the complaint and to obtain assurances that the
respondent will satisfactorily remedy any violations of the rights of
the aggrieved person, and take such action as will assure the
elimination of discriminatory housing practices, or the prevention of
their occurrence, in the future.
(c) Generally, officers, employees, and agents of HUD engaged in
the investigation of a complaint under this part will not participate
or advise in the conciliation of the same complaint or in any factually
related complaint. Where the rights of the aggrieved party and the
respondent can be protected and the prohibitions with respect to the
disclosure of information can be observed, the investigator may suspend
fact finding and engage in efforts to resolve the complaint by
conciliation.
[Codified to 24 C.F.R. § 103.300]
[Section 103.300 amended at 55 Fed. Reg. 53294, December
28, 1990, effective January 28,
1991]
§ 103.310 Conciliation agreement.
(a) The terms of a settlement of a complaint will be reduced to a
written conciliation agreement. The conciliation agreement shall seek
to protect the interests of the aggrieved person, other persons
similarly situated, and the public interest. The types of relief that
may be sought for the aggrieved person are described in § 103.315.
The provisions that may be sought for the vindication of the public
interest are described in § 103.320.
(b)(1) The agreement must be executed by the respondent and the
complainant. The agreement is subject to the approval of the Assistant
Secretary, who will indicate approval by signing the agreement. The
Assistant Secretary will approve an agreement and, if the Assistant
Secretary is the complainant, will execute the agreement, only if:
(i) The complainant and the respondent agree to the relief
accorded the aggrieved person;
(ii) The provisions of the agreement will adequately vindicate
the public interest; and
(iii) If the Assistant Secretary is the complainant, all
aggrieved persons named in the complaint are satisfied with the relief
provided to protect their interests.
(2) The General Counsel may issue a charge under
§ 103.405 if the
aggrieved person and the respondent have executed a conciliation
agreement that has not been approved by the Assistant Secretary.
[Codified to 24 C.F.R.
§ 103.310]
§ 103.315 Relief sought for aggrieved persons.
(a) The following types of relief may be sought for aggrieved
persons in conciliation:
(1) Monetary relief in the form of damages, including damages
caused by humiliation or embarrassment, and attorney fees;
(2) Other equitable relief including, but not limited to, access
to the dwelling at issue, or to a comparable dwelling, the provision of
services or facilities in connection with a dwelling, or other specific
relief; or
(3) Injunctive relief appropriate to the elimination of
discriminatory housing practices affecting the aggrieved person or
other persons.
(b) The conciliation agreement may provide for binding arbitration
of the dispute arising from the complaint. Arbitration may award
appropriate relief as described in paragraph (a) of this section. The
aggrieved person and the respondent may, in the conciliation agreement,
limit the types of relief that may be awarded under binding
arbitration.
[Codified to 24 C.F.R. § 103.315]
{{6-30-97 p.9663}}
§ 103.320 Provisions sought for the public interest.
The following are types of provisions may be sought for the
vindication of the public interest:
(a) Elimination of discriminatory housing practices.
(b) Prevention of future discriminatory housing practices.
(c) Remedial affirmative activities to overcome discriminatory
housing practices.
(d) Reporting requirements.
(e) Monitoring and enforcement activities.
[Codified to 24 C.F.R.
§ 103.320]
§ 103.325 Termination of conciliation efforts.
(a) HUD may terminate its efforts to conciliate the complaint if
the respondent fails or refuses to confer with HUD; the aggrieved
person or the respondent fail to make a good faith effort to resolve
any dispute; or HUD finds, for any reason, that voluntary agreement is
not likely to result.
(b) Where the aggrieved person has commenced a civil action under
an Act of Congress or a state law seeking relief with respect to the
alleged discriminatory housing practice, and the trial in the action
has commenced, HUD will terminate conciliation unless the court
specifically requests assistance from the Assistant Secretary.
[Codified to 24 C.F.R.
§ 103.325]
§ 103.330 Prohibitions and requirements with respect to
disclosure of information obtained during conciliation.
(a) Except as provided in paragraph (b) of this section and
§ 103.230(c), nothing
that is said or done in the course of conciliation under this part may
be made public or used as evidence in a subsequent administrative
hearing under Part 180 or
in civil actions under title VIII of the Fair Housing Act, without the
written consent of the persons concerned.
(b) Conciliation agreements shall be made public, unless the
aggrieved person and respondent request nondisclosure and the Assistant
Secretary determines that disclosure is not required to further the
purposes of the Fair Housing Act. Notwithstanding a determination that
disclosure of a conciliation agreement is not required, the Assistant
Secretary may publish tabulated descriptions of the results of all
conciliation efforts.
[Codified to 24 C.F.R. § 103.330]
[Section 103.330 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4,
1996]
§ 103.335 Review of compliance with conciliation agreements.
HUD may, from time to time, review compliance with the terms of any
conciliation agreement. Whenever HUD has reasonable cause to believe
that a respondent has breached a conciliation agreement, the Assistant
Secretary shall refer the matter to the Attorney General with a
recommendation for the filing of a civil action under
section 814(b)(2) of the Fair
Housing Act for the enforcement of the terms of the conciliation
agreement.
[Codified to 24 C.F.R. § 103.335]
[Section 103.335 amended at 59 Fed. Reg. 39956, August 5,
1994, effective September 30, 1994]
Subpart F—Issuance of Charge
§ 103.400 Reasonable cause determination.
(a) If a conciliation agreement under
§ 103.310 has not been
executed by the complainant and the respondent and approved by the
Assistant Secretary, the Assistant Secretary shall conduct a review of
the factual circumstances revealed as part of HUD's
investigation.
{{6-30-97 p.9664}}
(1) If the Assistant Secretary determines that based on the
totality of the factual circumstances known at the time of the
Assistant Secretary's review, no reasonable cause exists to believe
that a discriminatory housing practice has occurred or is about to
occur the Assistant Secretary shall: Issue a short and plain written
statement of the facts upon which the Assistant Secretary has based the
no reasonable cause determination; dismiss the complaint; notify the
aggrieved person and the respondent of the dismissal (including the
written statement of facts) by certified mail or personal service; and
make public disclosure of the dismissal. The respondent may request
that no public disclosure be made. Notwithstanding such a request, the
fact of dismissal, including the names of the parties, shall be public
information available on request. The Assistant Secretary's
determination shall be based solely on the facts concerning the alleged
discriminatory housing practice provided by complainant and respondent
and otherwise disclosed during the investigation. In making this
determination, the Assistant Secretary shall consider whether the facts
concerning the alleged discriminatory housing practice are sufficient
to warrant the initiation of a civil action in federal court.
(2) If, based on the totality of the factual circumstances known
at the time of the decision, the Assistant Secretary believes that
reasonable cause may exist to believe that a discriminatory housing
practice has occurred or is about to occur, the Assistant Secretary
shall determine that reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, in
all cases not involving the legality of local land use laws or
ordinances (except as provided in paragraph (b) of this section). The
Assistant Secretary's determination shall be based solely on the facts
concerning the alleged discriminatory housing practices provided by
complainants and respondents and otherwise identified during the
investigation in making this determination. In making this
determination, the Assistant Secretary shall consider whether the facts
concerning the alleged discriminatory housing practice are sufficient
to warrant the initiation of a civil action in federal court.
(i) If the Assistant Secretary determines that reasonable cause
exists, the Assistant Secretary, upon receipt of concurrence of the
General Counsel, will issue such determination and direct the issuance
of a charge under § 103.405 on behalf of the aggrieved person, and
shall notify the complainant and the respondent of this determination
by certified mail or personal service.
(ii) If the Assistant Secretary determines that no reasonable
cause exists, the Assistant Secretary shall: Issue a short and plain
written statement of the facts upon which the Assistant Secretary has
based the no reasonable cause determination; dismiss the complainant;
notify the complainant and the respondent of the dismissal (including
the written statement of facts) by mail; and make public disclosure of
the dismissal. The complainant or respondent may request that no public
disclosure be made. Notwithstanding such a request, the fact of
dismissal, including the names of the parties, shall be public
information available on request.
(3) If the Assistant Secretary determines that the matter
involves the legality of local zoning or land use laws or ordinances,
the Assistant Secretary, in lieu of making a determination regarding
reasonable cause, shall refer the investigative material to the
Attorney General for appropriate action under section 814(b)(1) of the
Fair Housing Act, and shall notify the complainant and the respondent
of this action by mail or personal service.
(b) The Assistant Secretary may not issue a charge under paragraph
(a) of this section regarding an alleged discriminatory housing
practice, if an aggrieved person has commenced a civil action under an
Act of Congress or a state law seeking relief with respect to the
alleged housing practice and the trial in the action has commenced. If
a charge may not be issued because of the commencement of such a trial,
the Assistant Secretary shall so notify the complainant and the
respondent by certified mail or personal service.
(c)(1) A determination of reasonable cause or no reasonable cause by
the Assistant Secretary shall be made within 100 days after filing of
the complaint (or where the
{{12-31-07 p.9665}}Assistant Secretary has
reactivated a complaint, within 100 days after service of the notice of
reactivation under
§ 103.115), unless it is
impracticable to do so.
(2) If the Assistant Secretary is unable to make the
determination within the 100-day period specified in paragraph (c)(1)
of this section, the Assistant Secretary will notify the complainant
and the respondent by mail of the reasons for the delay.
[Codified to 24 C.F.R. § 103.400]
[Section 103.400 amended at 55 Fed. Reg. 53294, December
28, 1990, effective January 28, 1991; 59 Fed. Reg. 39956, August 5,
1994, effective September 30, 1994; 59 Fed. Reg. 46759, September 12,
1994, effective September 30,
1994]
§ 103.405 Issuance of charge.
(a) A charge:
(1) Shall consist of a short and plain written statement of the
facts upon which the Assistant Secretary has found reasonable cause to
believe that a discriminatory housing practice has occurred or is about
to occur;
(2) Shall be based on the final investigative report; and
(3) Need not be limited to facts or grounds that are alleged in
the complaint filed under subpart B of this part. If the charge is
based on grounds that are not alleged in the complaint, HUD will not
issue a charge with regard to the grounds unless the record of
investigation demonstrates that the respondent has been given notice
and an opportunity to respond to the allegation.
(b) Within three business days after the issuance of the charge,
the General Counsel shall:
(1) Obtain a time and place for hearing from the Chief Docket
Clerk of the Office of Administrative Law Judges;
(2) File the charge along with the notifications described in 24
CFR 180.410(b) with the Office of Administrative Law Judges;
(3) Serve the charge and notifications in accordance with 24 CFR
180.410(a); and
(4) Notify the Assistant Secretary of the filing of the charge.
[Codified to 24 C.F.R. § 103.405]
[Section 103.405 amended at 56 Fed. Reg. 55078, October
24, 1991; 59 Fed. Reg. 39956, August 5, 1994, effective September 30,
1994; 59 Fed. Reg. 46759, September 12, 1994, effective September 30,
1994; 60 Fed. Reg. 58452, November 27, 1995, effective December 27,
1995; 61 Fed. Reg. 52218, October 4, 1996, effective November 4, 1996;
62 Fed. Reg. 66433, December 18, 1997, effective January 30,
1998]
§ 103.410 Election of civil action or provision of
administrative proceeding.
(a) If a charge is issued under § 103.405, a complainant
(including the Assistant Secretary, if HUD filed the complaint), a
respondent, or an aggrieved person on whose behalf the complaint is
filed may elect, in lieu of an administrative proceeding under
24 CFR Part 180, to have
the claims asserted in the charge decided in a civil action under
section 812(o) of the Fair
Housing Act.
(b) The election must be made not later than 20 days after the
receipt of service of the charge, or in the case of the Assistant
Secretary, not later than 20 days after service. The notice of the
election must be filed with the Chief Docket Clerk in the Office of
Administrative Law Judges and served on the General Counsel, the
Assistant Secretary, the respondent, and the aggrieved persons on whose
behalf the complaint was filed. The notification will be filed and
served in accordance with the procedures established under 24 CFR Part
180.
(c) If an election is not made under this section, the General
Counsel will maintain an administrative proceeding based on the charge
in accordance with the procedures under 24 CFR Part 180.
(d) If an election is made under this section, the General Counsel
shall immediately notify and authorize the Attorney General to commence
and maintain a civil action seeking relief under section 812(o) of the
Fair Housing Act on behalf of the aggrieved person in an
{{12-31-07 p.9666}}appropriate United
States District Court. Such notification and authorization shall
include transmission of the file in the case, including a copy of the
final investigative report and the charge, to the Attorney General.
(e) The General Counsel shall be available for consultation
concerning any legal issues raised by the Attorney General as to how
best to proceed in the event that a new court decision or newly
discovered evidence is regarded as relevant to the reasonable cause
determination.
[Codified to 24 C.F.R. § 103.410]
[Section 103.410 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4, 1996]
Subpart G—Prompt Judicial Action
§ 103.500 Prompt judicial action.
(a) If at any time following the filing of a complaint, the General
Counsel concludes that prompt judicial action is necessary to carry out
the purposes of this part or 24 CFR Part 180, the General Counsel may
authorize the Attorney General to commence a civil action for
appropriate temporary or preliminary relief pending final disposition
of the complaint. To ensure the prompt initiation of the civil action,
the General Counsel will consult with the Assistant Attorney General
for the Civil Rights Division before making the determination that
prompt judicial action is necessary. The commencement of a civil action
by the Attorney General under this section will not affect the
initiation or continuation of proceedings under this part or
administrative proceedings under Part 180.
(b) If the General Counsel has reason to believe that a basis
exists for the commencement of proceedings against the respondent under
section 814(a) of the Fair
Housing Act (Pattern or Practice Cases), proceedings under section
814(c) of the Fair Housing Act (Enforcement of Subpoenas), or
proceedings by any governmental licensing or supervisory authorities,
the General Counsel shall transmit the information upon which that
belief is based to the Attorney General and to other appropriate
authorities.
[Codified to 24 C.F.R. § 103.500]
[Section 103.500 amended at 61 Fed. Reg. 52218, October 4,
1996, effective November 4, 1996]
Subpart H—Other Action
§ 103.510 Other action by HUD.
In addition to the actions described in § 103.500, HUD may pursue
one or more of the following courses of action:
(a) Refer the matter to the Attorney General for appropriate action
(e.g., enforcement of criminal penalties under
section 811(c) of the Act).
(b) Take appropriate steps to initiate proceedings leading to the
debarment of the respondent under 2 CFR part 2424, or initiate other
actions leading to the imposition of administrative sanctions where HUD
determines that such actions are necessary to the effective operation
and administration of federal programs or activities.
(c) Take appropriate steps to initiate proceedings under:
(1) 24 CFR Part 1, implementing title VI of the Civil Rights Act
of 1964;
(2) 24 CFR 570.912, implementing section 109 of the Housing and
Community Development Act of 1974;
(3) 24 CFR Part 8, implementing section 504 of the Rehabilitation
Act of 1973;
(4) 24 CFR Part 107, implementing Executive Order 11063; or
(5) The Age Discrimination Act, 42 U.S.C. 6101.
(d) Inform any other federal, state or local agency with an
interest in the enforcement of respondent's obligations with respect to
nondiscrimination in housing.
[Codified to 24 C.F.R. § 103.510]
[Section 103.510 amended at 72 Fed. Reg. 73493, December 27, 2007,
effective January 28, 2008]
{{12-31-07 p.9667}}
§ 103.515 Action by other agencies.
In accordance with section
808(d) and (e) of the Fair Housing Act and Executive Order No.
12259, other federal agencies, including any agency having regulatory
or supervisory authority over financial institutions, are responsible
for ensuring that their programs and activities relating to housing and
urban development are administered in a manner affirmatively to further
the goal of fair housing, and for cooperating with the Assistant
Secretary in furthering the purposes of the Fair Housing Act.
[Codified to 24 C.F.R. § 103.515]
[The page following this is 9703.]
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