|
[Main Tabs]
[Table of Contents - 8000]
[Index]
[Previous Page]
[Next Page]
[Search]
8000 - Miscellaneous Statutes and Regulations
{{2-29-96 p.9781}}
PART 125FAIR HOUSING INITIATIVES PROGRAM
Sec. 125.103
Definitions.
125.104
Program administration.
125.105
Applications requirements.
125.106
Waivers.
125.107
Testers.
125.201
Administrative Enforcement Initiative.
125.301
Education and Outreach Initiative.
125.401
Private Enforcement Initiative.
125.501
Fair Housing Organizations Initiative.
AUTHORITY: 42 U.S.C. 3535(d), 3616 note.
SOURCE: The provisions of this Part 125 appear at 60 Fed. Reg.
58452, November 27, 1995, effective December 27, 1995, except as
otherwise noted.
§ 125.103 Definitions.
In addition to the definitions that appear at section 802 of title
VIII (42 U.S.C. 3602), the
following definitions apply to this part:
Assistant Secretary means the Assistant Secretary for
Fair Housing and Equal Opportunity in the Department of Housing and
Urban Development.
Department means the Department of Housing and Urban
Development (HUD).
Expert witness means a person who testifies, or who would
have testified but for a resolution of the case before a verdict is
entered, and who qualifies as an expert witness under the rules of the
court where the litigation funded by this part is brought.
Fair housing enforcement organization (FHO) means any
organization, whether or not it is solely engaged in fair housing
enforcement activities, that--
(1) Is organized as a private, tax-exempt, nonprofit, charitable
organization;
(2) Is currently engaged in complaint intake, complaint
investigation, testing for fair housing violations and enforcement of
meritorious claims; and
(3) Upon the receipt of FHIP funds will continue to be engaged in
complaint intake, complaint investigation, testing for fair housing
violations and enforcement of meritorious claims.
The Department may request an organization to submit documentation
to support its claimed status as an FHO.
FHIP means the Fair Housing Initiatives Program
authorized by section 561 of the Housing and Community Development Act
of 1987 (42 U.S.C. 3616 note).
Meritorious claims means enforcement activities by an
organization that resulted in lawsuits, consent decrees, legal
settlements, HUD and/or substantially equivalent agency (under 24 CFR
115.6) conciliations and organization initiated settlements with the
outcome of monetary awards for compensatory and/or punitive damages to
plaintiffs or complaining parties, or other affirmative relief,
including the provision of housing.
Qualified fair housing enforcement organization (QFHO)
means any organization, whether or not it is solely engaged in fair
housing enforcement activities, that--
(1) Is organized as a private, tax-exempt, nonprofit, charitable
organization;
(2) Has at least 2 years experience in complaint intake,
complaint investigation, testing for fair housing violations and
enforcement of meritorious claims; and
(3) Is engaged in complaint intake, complaint investigation,
testing for fair housing violations and enforcement of meritorious
claims at the time of application for FHIP assistance.
For the purpose of meeting the 2-year qualification period for the
activities included in paragraph (2) of this definition, it is not
necessary that the activities were conducted simultaneously, as long as
each activity was conducted for 2 years. It is also not necessary for
the activities to have been conducted for 2 consecutive or continuous
years. An organization may aggregate its experience in each activity
over the 3 year period preceding its application to meet the 2-year
qualification period requirement.
{{2-29-96 p.9782}}
The Department may request an organization to submit documentation
to support its claimed status as a QFHO.
Title VIII means title VIII of the Civil Rights Act of
1968, as amended (42 U.S.C. 3600-3620), commonly cited as the Fair
Housing Act.
[Codified to 24 C.F.R. § 125.103]
[Section 125.103 amended at 61 Fed. Reg. 5206, February 9, 1996,
effective March 11, 1996]
§ 125.104 Program administration.
(a) FHIP is administered by the Assistant Secretary.
(b) FHIP funding is made available under the following initiatives:
(1) The Administrative Enforcement Initiative;
(2) The Education and Outreach Initiative;
(3) The Private Enforcement Initiative; and
(4) The Fair Housing Organizations Initiative.
(c) FHIP funding is made available in accordance with the
requirements of the authorizing statute (42 U.S.C. 3616 note), the
regulation in this part, and Notices of Funding Availability (NOFAs),
and is awarded through a grant or other funding instrument.
(d) Notices of Funding Availability under this program will be
published periodically in the Federal Register. Such notices will
announce amounts available for award, eligible applicants, and eligible
activities, and may limit funding to one or more of the Initiatives.
Notices of Funding Availability will include the specific selection
criteria for awards, and will indicate the relative weight of each
criterion. The selection criteria announced in Notices of Funding
Availability will be designed to permit the Department to target and
respond to areas of concern, and to promote the purposes of the FHIP in
an equitable and cost efficient manner.
(e) All recipients of FHIP funds must conform to reporting and
record maintenance requirements determined appropriate by the Assistant
Secretary. Each funding instrument will include provisions under which
the Department may suspend, terminate or recapture funds if the
recipient does not conform to these requirements.
(f) Recipients of FHIP funds may not use such funds for the payment
of expenses in connection with litigation against the United States.
(g) All recipients of funds under this program must conduct audits
in accordance with part 44 or part 45, as appropriate, of this title.
[Codified to 24 C.F.R.
§ 125.104]
§ 125.105 Application requirements.
Each application for funding under the FHIP must contain the
following information, which will be assessed against the specific
selection criteria set forth in a Notice of Funding Availability.
(a) A description of the practice (or practices) that has affected
adversely the achievement of the goal of fair housing, and that will be
addressed by the applicant's proposed activities.
(b) A description of the specific activities proposed to be
conducted with FHIP funds including the final product(s) and/or any
reports to be produced; the cost of each activity proposed; and a
schedule for completion of the proposed activities.
(c) A description of the applicant's experience in formulating or
carrying out programs to prevent or eliminate discriminatory housing
practices.
(d) An estimate of public or private resources that may be
available to assist the proposed activities.
(e) A description of the procedures to be used for monitoring
conduct and assessing results of the proposed activities.
{{12-29-95 p.9783}}
(f) A description of the benefits that successful completion of the
project will produce to enhance fair housing, and the indicators by
which these benefits are to be measured.
(g) A description of the expected long term viability of project
results.
(h) Any additional information that may be required by a Notice of
Funding Availability published in the Federal Register.
(Approved by the Office of Management and Budget under
control number 2529--0033. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless the collection displays a valid control number.)
[Codified to 24 C.F.R. § 125.105]
§ 125.106 Waivers.
Upon determination of good cause, the Assistant Secretary may waive,
in a published Notice of Funding Availability or other Federal Register
notice, any requirement in this part that is not required by statute.
[Codified to 24 C.F.R.
§ 125.106]
§ 125.107 Testers.
The following requirements apply to testing activities funded under
the FHIP:
(a) Testers must not have prior felony convictions or convictions
of crimes involving fraud or perjury.
(b) Testers must receive training or be experienced in testing
procedures and techniques.
(c) Testers and the organizations conducting tests, and the
employees and agents of these organizations may not:
(1) Have an economic interest in the outcome of the test, without
prejudice to the right of any person or entity to recover damages for
any cognizable injury;
(2) Be a relative of any party in a case;
(3) Have had any employment or other affiliation, within one
year, with the person or organization to be tested; or
(4) Be a licensed competitor of the person or organization to be
tested in the listing, rental, sale, or financing of real estate.
[Codified to 24 C.F.R.
§ 125.107]
§ 125.201 Administrative Enforcement Initiative.
The Administrative Enforcement Initiative provides funding to State
and local fair housing agencies administering fair housing laws
recognized by the Assistant Secretary under § 115.6 of this
subchapter as providing rights and remedies which are substantially
equivalent to those provided in title VIII.
[Codified to 24 C.F.R.
§ 125.201]
§ 125.301 Education and Outreach Initiative.
(a) The Education and Outreach Initiative provides funding for the
purpose of developing, implementing, carrying out, or coordinating
education and outreach programs designed to inform members of the
public concerning their rights and obligations under the provisions of
fair housing laws.
(b) Notices of Funding Availability published for the FHIP may
divide Education and Outreach Initiative funding into separate
competitions for each of the separate types of programs (i.e.,
national, regional and/or local, community-based) eligible under this
Initiative.
(c) National program applications, including those for Fair Housing
Month funding, may be eligible to receive, as provided for in Notices
of Funding Availability published in the Federal Register, preference
consisting of additional points if they:
(1) Demonstrate cooperation with real estate industry
organizations; and/or
{{12-29-95 p.9784}}
(2) Provide for the dissemination of educational information and
technical assistance to support compliance with the housing
adaptability and accessibility guidelines contained in the Fair Housing
Amendments Act of 1988.
(d) Activities that are regional activities that are implemented in
adjoining States or two or more units of general local government
within a state. Activities that are local are activities whose
implementation is limited to a single unit of general local government,
meaning a city, town, township, county, parish, village, or other
general purpose political subdivision of a State. Activities that are
community-based in scope are those which are primarily focused on a
particular neighborhood area within a unit of general local government.
(e) Each non-governmental recipient of regional, local, or
community-based funding for activities located within the jurisdiction
of a State or local enforcement agency or agencies administering a
substantially equivalent (under part 115 of this subchapter) fair
housing law must consult with the agency or agencies to coordinate
activities funded under FHIP.
[Codified to 24 C.F.R.
§ 125.301]
§ 125.401 Private Enforcement Initiative.
(a) The Private Enforcement Initiative provides funding on a
single-year or multi-year basis, to investigate violations and obtain
enforcement of the rights granted under the Fair Housing Act or State
or local laws that provide rights and remedies for discriminatory
housing practices that are substantially equivalent to the rights and
remedies provided in the Fair Housing Act. Multi-year funding may be
contingent upon annual performance reviews and annual appropriations.
(b) Organizations that are eligible to receive assistance under the
Private Enforcement Initiative are:
(1) Qualified fair housing enforcement organizations.
(2) Fair housing enforcement organizations with at least 1 year
of experience in complaint intake, complaint investigation, testing for
fair housing violations and enforcement of meritorious claims. For the
purpose of meeting this 1 year qualification period, it is not
necessary that the activities were conducted simultaneously, as long as
each activity was conducted for 1 year. It is also not necessary for
the activities to have been conducted for a continuous year. An
organization may aggregate its experience in each activity over the
2-year period preceding its application to meet this 1 year
qualification period requirement.
[Codified to 24 C.F.R.
§ 125.401]
§ 125.501 Fair Housing Organizations Initiative.
(a) The Fair Housing Organizations Initiative of the FHIP provides
funding to develop or expand the ability of existing eligible
organizations to provide fair housing enforcement, and to establish, on
a single-year or multi-year basis contingent upon annual performance
reviews and annual appropriations, new fair housing enforcement
organizations.
(b) Continued development of existing organizations.
(1) Eligible applicants. Eligible for funding under
this component of the Fair Housing Organizations Initiative are:
(i) Qualified fair housing enforcement organizations;
(ii) Fair housing enforcement organizations; and
(iii) Nonprofit groups organizing to build their capacity to
provide fair housing enforcement.
(2) Operating budget limitation. (i) Funding under
this component of the Fair Housing Organizations Initiative may not be
used to provide more than 50 percent of the operating budget of a
recipient organization for any one year.
{{12-31-07 p.9785}}
(ii) For purposes of the limitation in this paragraph,
operating budget means the applicant's total planned budget
expenditures from all sources, including the value of in-kind and
monetary contributions, in the year for which funding is sought.
(c) Establishing new organizations.
(1) Eligible applicants. Eligible for funding under
this component of the Fair Housing Organizations Initiative are:
(i) Qualified fair housing enforcement organizations;
(ii) Fair housing enforcement organizations; and
(iii) Organizations with at least three years of experience in
complaint intake, complaint investigation, and enforcement of
meritorious claims involving the use of testing evidence.
(2) Targeted areas. FHIP Notices of Funding
Availability may identify target areas of the country that may receive
priority for funding under this component of the Fair Housing
Organizations Initiative. An applicant may also seek funding to
establish a new organization in a locality not identified as a target
area, but in such a case, the applicant must submit sufficient evidence
to establish the proposed area as being currently underserved by fair
housing enforcement organizations or as containing large concentrations
of protected classes.
[Codified to 24 C.F.R. 125.501]
[The page following this is 9791.]
[Main Tabs]
[Table of Contents - 8000]
[Index]
[Previous Page]
[Next Page]
[Search]
|