[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Rules and Regulations]
[Pages 18538-18541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9088]
[[Page 18537]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 103
Fair Housing Complaint Processing; Plain Language Revision and
Reorganization; Interim Rule
Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 /
Rules and Regulations
[[Page 18538]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 103
[Docket No. FR-4433-I-01]
RIN 2529-AA86
Fair Housing Complaint Processing; Plain Language Revision and
Reorganization
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule revises HUD's regulations that concern the
processing of fair housing complaints in two ways. First, the current
sections that address the filing of complaints have been rewritten
using plain language. Plain language is an approach to writing that
promotes responsive, accessible, and understandable written
communication. Second, the sections that address the investigation of
complaints have been moved to another place in the regulations. We are
revising these regulations to make the procedures for filing housing
discrimination complaints easier to understand. This rule does not
change the substance of the existing fair housing complaint processing
regulations.
DATES: Effective Date: May 14, 1999. Comments Due Date: Comments must
be submitted by June 14, 1999.
ADDRESSES: Interested persons are invited to submit comments regarding
this interim rule to the Rules Docket Clerk, Office of the General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC 20410-0500. Comments should refer to
the above docket number and title. A copy of each comment submitted
will be available for public inspection and copying between 7:30 am and
5:30 pm weekdays at the above address. Facsimile (FAX) comments will
not be accepted.
FOR FURTHER INFORMATION CONTACT: Judith Keeler, Acting Director, Office
of Enforcement, Office of Fair Housing and Equal Opportunity, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-2000; telephone (202) 708-0836 (this is not a
toll-free number). Hearing or speech impaired individuals may access
this number via TTY by calling the toll-free Federal Information Relay
Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Civil Rights Act of 1968 (Public Law 90-284, 82
Stat. 81, approved April 11, 1968, codified as amended at 42 U.S.C.
3601-3619) (the Fair Housing Act) prohibits discrimination in the sale,
rental, or financing of housing based on race, color, religion,
national origin, sex, disability, or familial status. To enforce this
prohibition, the Fair Housing Act authorizes HUD to receive and
investigate housing discrimination complaints.
In 1988, the Fair Housing Amendments Act (Public Law 100-430, 102
Stat. 1619, approved September 13, 1988) (the 1988 Act) expanded HUD's
authority to initiate fair housing investigations and to file
complaints. We implemented the 1988 Act through final regulations
published on January 23, 1989 (54 FR 3232). The January 23, 1989 final
rule, among other things, established a new 24 CFR part 103. Part 103
describes the policies and procedures that govern the processing of
fair housing complaints.
This rule revises subpart B (entitled ``Complaints'') of the part
103 regulations in two ways. First, the sections in subpart B that
address the filing of complaints have been rewritten using plain
language. Second, the sections in subpart B that address the
investigation of complaints have been moved to subpart D (entitled
``Investigation Procedures''). Subpart D concerns investigation
procedures for fair housing complaints.
Plain Language
HUD has revised 24 CFR part 103, subpart B using plain language in
response to President Clinton's Memorandum of June 1, 1998, entitled
``Plain Language in Government'' (63 FR 31885, Wednesday, June 10,
1998). In this memorandum, President Clinton directed Federal agencies
to use plain language in all government writing. With respect to rules,
President Clinton directed Federal agencies to use plain language in
new proposed and final rules beginning January 1, 1999. In the same
memorandum, President Clinton also urged Federal agencies to consider
rewriting existing regulations in plain language, as resources permit.
Plain language is an approach to writing that promotes responsive,
accessible, and understandable written communications. It involves the
use of a number of writing tools to create documents that are visually
inviting, logically organized, and understandable on the first reading.
These writing tools include:
--Using the active voice and strong verbs;
--Using compact sentences;
--Using personal pronouns such as ``you'' and ``we'';
--Using common, everyday words;
--Avoiding surplus words and technical or legal jargon;
--Using tables to present information where appropriate; and
--Using a design and layout that increases comprehension.
We selected subpart B of 24 CFR part 103 as the first of our
regulations to be rewritten in plain language format, because it is
important that regulations addressing housing discrimination be easy to
understand.
For more information about plain language, please contact the
National Partnership for Reinventing Government using one of the
following methods:
------------------------------------------------------------------------
If you are using this method... please use this address:
------------------------------------------------------------------------
World Wide Web............................... http://
www.plainlanguage.gov
Email........................................ [email protected]
Postal Address............................... National Partnership for
Reinventing Government
750-17th Street, NW,
Suite 200, Washington,
DC 20006.
Phone (voice)............................... Customer Service Desk:
(202) 694-0001.
------------------------------------------------------------------------
Sections Moved From Subpart B to Subpart D of 24 CFR Part 103
This interim rule moves Secs. 103.45, 103.50, and 103.55 from 24
CFR part 103, subpart B to 24 CFR part 103, subpart D. These sections,
which relate to the investigation of complaints, are more appropriately
located in subpart D. Subpart D addresses the investigation procedures
for fair housing complaints. In addition, this rule adds a new
Sec. 103.204 to subpart D, entitled ``HUD
[[Page 18539]]
complaints and compliance reviews.'' Paragraph (a) of new Sec. 103.210
clarifies that HUD may conduct a fair housing investigation and file a
complaint based on information that one or more discriminatory housing
practices has occurred, or is about to occur.
Paragraph (b) of Sec. 103.210 repeats the language of current
Sec. 103.10(b). This section concerns HUD compliance reviews under
other civil rights authorities, such as Executive Order 11063, entitled
``Equal Opportunity in Housing'' (27 FR 11527, November 20, 1962,
reprinted as amended at 42 U.S.C. 1982 note), title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241, 252, approved July
2, 1964, codified as amended at 42 U.S.C. 2000d et seq.), section 109
of the Housing and Community Development Act of 1974 (Public Law 93-
383, 88 Stat. 633, 649, approved August 22, 1974, codified at 42 U.S.C.
5309), section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112, 87 Stat. 355, 394, approved September 26, 1973, codified as
amended at 29 U.S.C. 794), and the Age Discrimination Act of 1975
(Public Law 94-135, 89 Stat. 728, approved November 28, 1975, codified
as amended at 42 U.S.C. 6101-6107). HUD is making these revisions to
clarify and simplify the organization of its fair housing complaint
processing regulations.
Substance of Complaints Filing Process Unchanged
This interim rule does not change the substance of the existing
fair housing complaint processing regulations. We are revising these
regulations to make the housing discrimination filing procedures more
accessible and understandable to the public. All procedures and
requirements for filing housing discrimination complaints remain as
they are currently.
List of Fair Housing Offices
The list of HUD's fair housing offices, with mailing addresses and
phone numbers, is provided in the table below. These offices have
special expertise in handling fair housing claims.
------------------------------------------------------------------------
If you are in this area... please contact this office:
------------------------------------------------------------------------
Connecticut, Maine, Fair Housing Enforcement Center, U.S.
Massachusetts, New Dept. of Housing and Urban Development,
Hampshire, Rhode Island, or Thomas P. O'Neill, Jr. Federal Building,
Vermont. 10 Causeway Street, Room 321, Boston, MA
02222-1092, (617) 565-5308; (800) 827-
5005; TTY (617) 565-5453.
New Jersey or New York....... Fair Housing Enforcement Center, U.S.
Dept. of Housing and Urban Development,
26 Federal Plaza, Room 3532, New York,
NY 10278-0068, (212) 264-9610; (800) 496-
4294; TTY (212) 264-0927.
Delaware, District of Fair Housing Enforcement Center, U.S.
Columbia, Maryland, Dept. of Housing and Urban Development,
Pennsylvania, Virginia, or The Wanamaker Building, 100 Penn Square
West Virginia. East, Philadelphia, PA 19107-3380, (215)
656-0660; (888) 799-2085; TTY (215) 656-
3450.
Alabama, the Caribbean, Fair Housing Enforcement Center, U.S.
Florida, Georgia, Kentucky, Dept. of Housing and Urban Development,
Mississippi, North Carolina, Richard B. Russell Federal Building, 75
South Carolina, or Tennessee. Spring Street, SW, Room 320, Atlanta, GA
30303-3388, (404) 331-5140; (800) 440-
8091; TTY (404) 730-2654.
Illinois, Michigan, Fair Housing Enforcement Center, U.S.
Minnesota, Ohio, or Dept. of Housing and Urban Development,
Wisconsin. Ralph H. Metcalfe Federal Building, 77
West Jackson Boulevard, Room 2101,
Chicago, IL 60604-3507, (312) 353-7776;
(800) 765-9372; TTY (312) 353-7143.
Arkansas, Louisiana, New Fair Housing Enforcement Center, U.S.
Mexico, Oklahoma, or Texas. Dept. of Housing and Urban Development,
1600 Throckmorton, Room 502, Fort Worth,
TX 76113-2905, (817) 978-9270; (800) 498-
9371; TTY (817) 978-9274.
Iowa, Kansas, Missouri, or Fair Housing Enforcement Center, U.S.
Nebraska. Dept. of Housing and Urban Development,
Gateway Tower II, 400 State Avenue, Room
200, Kansas City, KS 66101-2406, (913)
551-6958; (800) 743-5323; TTY (913) 551-
6972.
Colorado, Montana, North Fair Housing Enforcement Center, U.S.
Dakota, South Dakota, Utah, Dept. of Housing and Urban Development,
or Wyoming. 633 17th Street, Denver, CO 80202-3607,
(303) 672-5437; (800) 877-7353; TTY
(303) 672-5248.
Arizona, California, Hawaii, Fair Housing Enforcement Center, U.S.
or Nevada. Dept. of Housing and Urban Development,
Phillip Burton Federal Building and U.S.
Courthouse, 450 Golden Gate Avenue, San
Francisco, CA 94102-3448, (415) 436-
8400; (800) 347-3739; TTY (415) 436-
6594.
Alaska, Idaho, Oregon, or Fair Housing Enforcement Center, U.S.
Washington. Dept. of Housing and Urban Development,
Seattle Federal Office Building, 909
First Avenue, Room 205, Seattle, WA
98104-1000, (206) 220-5170; (800) 877-
0246; TTY (206) 220-5185.
If after contacting the local U.S. Dept. of Housing and Urban
office nearest you, you Development, Office of Fair Housing and
still have questions--you Equal Opportunity, 451 Seventh Street,
may contact HUD further at:. SW, Room 5204, Washington, DC 20410-
2000, (202) 708-0836; (800) 669-9777;
TTY (800) 927-9275.
------------------------------------------------------------------------
Findings and Certifications
Justification for Interim Rule
Ordinarily, HUD provides notice and an opportunity for the public
to comment on rules before they become effective. If, however, we
determine that notice and public comment are impracticable,
unnecessary, or contrary to the public interest, we are permitted,
under 24 CFR 10.1 (entitled ``Policy''), to issue regulations directly
through an interim or final rule. In this case, we have determined that
initial notice and public comment are unnecessary. The purpose of this
rule is to make the housing discrimination filing procedures more
accessible and understandable to the public by using plain language.
The rule does not make substantive changes to the regulations. All
procedures and requirements for filing housing discrimination
complaints remain as they are currently.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Public Law
104-4, 109 Stat. 48, 64, approved March 22, 1995, codified at 2 U.S.C.
1531-1538)(UMRA) requires Federal agencies to assess the effects of
their regulatory actions on State, local, and tribal governments and on
the private sector. This interim rule does not impose, within the
meaning of the UMRA, any Federal mandates on any State, local, or,
tribal governments or on the private sector.
Environmental Impact
This interim rule sets out non-discrimination enforcement
procedures. Accordingly, under 24 CFR 50.19(c)(3), this interim rule is
categorically
[[Page 18540]]
excluded from environmental review under the National Environmental
Policy Act of 1969 (Public Law 91-190, 83 Stat. 852, approved January
1, 1970, codified as amended at 42 U.S.C. 4321-4347).
Impact on Small Entities
The Secretary, in accordance with 5 U.S.C. 605(b) (the Regulatory
Flexibility Act, Public Law 96-354, 94 Stat. 1164, approved September
19, 1980, codified as amended at 5 U.S.C. 601-612), has reviewed and
approved this interim rule and in so doing certifies that it would not
have a significant economic impact on a substantial number of small
entities.
The interim rule revises, using plain language, the text of HUD's
fair housing complaint processing regulations in subpart B of 24 CFR
part 103. The rule also moves certain sections from subpart B to
subpart D. The rule does not amend the substance of HUD's fair housing
complaint processing regulations at 24 CFR part 103. All procedures and
requirements for filing housing discrimination complaints remain as
they are currently. We are revising these regulations in order to make
the housing discrimination filing procedures more accessible and
understandable to the public.
While we have determined that this rule would not have a
significant economic impact on a substantial number of small entities,
we welcome any comments regarding alternatives to this rule that would
meet our objectives, as described in this preamble, and would be less
burdensome to small entities.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612 (entitled ``Federalism''), has determined that
the policies contained in this interim rule do not have substantial
direct effects on States or their political subdivisions, on the
relationship between the Federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
This interim rule does not alter the substance of HUD's existing
fair housing complaint processing regulations. The interim rule revises
and reformats the fair housing complaint processing regulations so that
HUD's housing discrimination filing procedures more accessible to the
public. The interim rule is exclusively concerned with policies and
procedures applicable to the processing of fair housing complaints. No
programmatic or policy changes result from this rule that affect the
Federalism concerns addressed in the Executive Order. As a result, this
interim rule is not subject to review under the Order.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for this program
is 14.400.
List of Subjects in 24 CFR Part 103
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Intergovernmental relations,
Investigations, Mortgages, Penalties, Reporting and recordkeeping
requirements.
Accordingly, 24 part 103 is amended as follows:
PART 103--FAIR HOUSING--COMPLAINT PROCESSING
1. The authority citation for 24 CFR part 103 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3619.
2. Revise Sec. 103.10 to read as follows:
Sec. 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.
3. Revise Sec. 103.15 to read as follows:
Sec. 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.
4. Revise Sec. 103.20 to read as follows:
Sec. 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.
5. Revise Sec. 103.25 to read as follows:
Sec. 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.
6. Revise Sec. 103.30 to read as follows:
Sec. 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.
7. Add Sec. 103.35 to read as follows:
Sec. 103.35 Is there a time limit on when I can file?
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.
8. Revise Sec. 103.40 to read as follows:
Sec. 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.
Sec. 103.42 [Removed]
9. Remove Sec. 103.42.
Secs. 103.45, 103.50, 103.55 [Redesignated]
10. Redesignate Secs. 103.45, 103.50, and 103.55 as Secs. 103.201,
103.202, and 103.203, respectively, and transfer to subpart D.
11. Revise newly redesignated Sec. 103.202(b) to read as follows:
[[Page 18541]]
Sec. 103.202 Notification of respondent; joinder of additional or
substitute respondents.
* * * * *
(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.
12. Add Sec. 103.204 to read as follows:
Sec. 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.
Dated: March 2, 1999.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 99-9088 Filed 4-13-99; 8:45 am]
BILLING CODE 4210-28-P