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- Federal Register
- Vol. 59, No. 114
- Wednesday, June 15, 1994
-
- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
-
- Office of the Assistant Secretary for Fair Housing and Equal Opportunity
-
- [Docket No. N─94─3691; FR─3348─N─08]
-
- State and Local Fair Housing Laws: Notice of Initial Determination Concerning
- Substantial Equivalency of Fair Housing Laws of the States of Massachusetts
- and Nebraska
-
- AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
- Opportunity, HUD.
-
- ACTION: Notice and request for comments.
-
- SUMMARY: In accordance with 24 CFR 115.6(c), this notice announces the
- Department's initial determination that the fair housing laws of the States of
- Massachusetts and Nebraska are substantially equivalent, on their face, to the
- Fair Housing Act. This notice solicits comments from the public on the initial
- determinations made with respect to each State. This notice also solicits
- comments on the Department's proposed determinations that the present
- practices and past performance of the agency enforcing the fair housing law of
- the State of Massachusetts and the agency enforcing the fair housing law of
- the State of Nebraska demonstrate that, in operation, the fair housing laws of
- these two States provide rights and remedies that are substantially equivalent
- to those available under the Fair Housing Act.
-
- DATES: Comment Due Date: July 15, 1994.
-
- ADDRESSES: Interested persons are invited to submit comments regarding this
- notice to the Office of General Counsel, Rules Docket Clerk, room 10276,
- Department of Housing and Urban Development, 451 Seventh Street, SW.,
- Washington, DC 20410. Communications should refer to the above docket number
- and title. A copy of each communication submitted will be available for public
- inspection and copying on weekdays between 7:30 a.m. and 5:30 p.m. at the
- above address.
-
- FOR FURTHER INFORMATION CONTACT: Marcella O. Brown, Director, Funded Programs
- Division, Office of Fair Housing and Equal Opportunity, Department of Housing
- and Urban Development, 451 Seventh Street, SW., room 5234, Washington, DC
- 20410, telephone (202) 708─0455 (voice/TDD). (This is not a toll-free number.)
-
- SUPPLEMENTARY INFORMATION:
-
- Background
-
- Under the Fair Housing Act (42 U.S.C. 3600─3619), the Department is authorized
- to investigate complaints alleging discrimination in housing. (Title VIII of
- the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of
- 1988, is cited as the "Fair Housing Act.") Section 810(f) of the Fair Housing
- Act requires the Department to refer complaints to State and local agencies
- that have "substantially equivalent" fair housing standards, as determined and
- certified by the Department. Part 115 of the Department's regulations (24 CFR
- part 115) contain the certification standards and the procedures for
- certifying State and local fair housing laws that provide substantive rights
- and remedies for alleged discriminatory housing practices that are
- substantially equivalent to those provided in the Fair Housing Act.
-
- On July 23, 1993 (58 FR 39561), the Department published the annual notice
- required by 24 CFR 115.6, which announced, among other things, the updated,
- consolidated list of all certified agencies, and a list of agencies with which
- an agreement for interim referrals or other utilization of services had been
- entered into under 24 CFR 115.11. In the July 23, 1993 notice, the Department
- listed thirty-four jurisdictions, among which were the States of Massachusetts
- and Nebraska, that had entered into agreements with the Department, subsequent
- to September 12, 1988, for interim referrals. These thirty-four jurisdictions
- were considered to have interim certification in accordance with section
- 810(f)(4) of the Fair Housing Amendments Act of 1988 (hereafter the "Act").
- (The Fair Housing Amendments Act of 1988 was enacted on September 13, 1988.)
-
- Announcement of Initial Determinations and Solicitation of Comments
-
- In accordance with 24 CFR 115.6(c)(1), this notice announces that the fair
- housing laws of the States of Massachusetts and Nebraska have been determined
- by the Assistant Secretary of Fair Housing and Equal Opportunity to be
- substantially equivalent, on their face, to the Fair Housing Act. The
- Assistant Secretary has determined, after application of the criteria set
- forth in 24 CFR 115.3 and 115.4, that the fair housing laws for the States of
- Massachusetts and Nebraska provide, on their face, substantive rights and
- remedies for alleged discriminatory housing practices that are substantially
- equivalent to those provided in the Fair Housing Act.
-
- Following, a review of performance standards and other materials pertaining to
- the fair housing laws of the States of Massachusetts and Nebraska, the
- Department expects to make final determinations that the laws of each State,
- in operation, provide rights and remedies that are substantially equivalent to
- those available under the Fair Housing Act. The Department intends to execute
- a Memorandum of Understanding with the agency charged with enforcement of the
- fair housing law of each State in accordance with 115.6(c).
-
- In accordance with 24 CFR 115.6(b), the public is invited to submit written
- comments on this notice. Specifically, the Department requests written
- comments on the proposed determinations that the current practices and past
- performance of the State agencies charged with administration and enforcement
- of the fair housing laws of the States of Massachusetts and Nebraska
- demonstrate that, in operation, these laws provide substantive rights and
- remedies that are substantially equivalent to the Fair Housing Act. This
- notice also invites comments from the public on the Department's determination
- that the fair housing laws of the States of Massachusetts and Nebraska are, on
- their face, substantially equivalent to the Fair Housing Act. In commenting on
- this notice, the Department requests that commenters identify the State for
- which comments are submitted.
-
- Dated: June 6, 1994.
-
- Roberta Achtenberg,
-
- Assistant Secretary for Fair Housing and Equal Opportunity.
-
- [FR Doc. 94─14500 Filed 6─14─94; 8:45 am]
-
- BILLING CODE 4210─28─P
-
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