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PART 52-LOAN ASSISTANCE FOR (b) "Commissioner" means the As

PLANNING LOW AND MODERATE sistant Secretary-Federal Housing ComINCOME HOUSING

missioner or his authorized representa- que

tive. Sec.

(c) Fund” means the Low and Mod- die 52.1 Statement of applicable law and scope

erate Income Sponsor Fund. of planning assistance. 52.3 Delegation from Secretary to Assist

(d) “Nonprofit organization" means a mits ant Secretary-Federal Housing Com

corporation or association organized for ago missioner.

purposes other than the making of profit na 52.5 Definitions.

or gain for itself or any persons identified 52.7 Scope of assistance.

therewith and which the Commissioner 52.13 Filing, processing and approving ap- finds is in no manner controlled or di- ?

plications. 52.15 Eligible applicants.

rected by persons or firms seeking to de52.17 Use of loan proceeds.

rive profit or gain from its operation. 52.20 Maximum amount of loan.

§ 52.7 Scope of assistance. 52.25 Waiver of repayment. 52.27 Maturity of loans-contract provi

The Commissioner may make loans 2.0 sions.

from the fund to encourage and facilitate 52.30 Interest on loans.

the construction or rehabilitation of de AUTHORITY: The provisions of this part 52

housing for low and moderate income i issued under sec. 106, 82 Stat. 490,

families under any federally assisted pro- cije: amended; 12 U.S.C. 1701x.

gram. The conditions of eligibility for ap- zen SOURCE: The provisions of this Part 52 ap

plicants and applications for such loans Fans pear at 33 F.R. 16072, Nov. 11, 1968, unless

and the terms and conditions under om otherwise noted.

which the proceeds of such loans may be com $ 52.1 Statement of applicable law and

used are specified in this part. scope of planning assistance.

52.13 Filing, processing and approv. es sa Section 106(b) of the Housing and

ing applications. Urban Development Act of 1968 author- (a) The application shall be filed, on a e: the izes the Secretary of Housing and Urban form prescribed by the Commissioner, semmin Development to make loans, under such

with the FHA insuring office having ju- & TI terms and conditions as he may pre

risdiction over the area in which the ap- tad a scribe, to nonprofit organizations for

plicant proposes to construct or rehabili- stia necessary expenses of planning, and ob

tate a housing project for low or moder-stual taining financing for, the rehabilitation

ate income families to be financed with or construction of housing for low and

the assistance of any Federal program. moderate income families under any fed

(b) Upon a determination by the FHA erally assisted program.

insuring office director that the financial

assistance applied for will carry out the § 52.3 Delegation from Secretary to As

purposes of this part and that an applisistant Secretary-Federal Housing cant is eligible for such assistance, the Commissioner.

application will be submitted to the tous The Secretary has delegated to the Regional Administrator for final ap- Main Assistant Secretary-Federal Housing proval. Commissioner the authority to execute (c) After review, and upon approval the powers and functions vested in the by the Assistant Commissioner for MultiSecretary by section 106 of the Housing

family Housing, the proceeds of the loan and Urban Development Act of 1968. The

may be disbursed by the Commissioner. delegation includes the authority for redelegation by the Commissioner to em

§ 52.15 Eligible applicants. ployees under his jurisdiction and to Re

(a) To be eligible for a loan, an appllgional Administrators and Deputy Re

cant must be a nonprofit organization. gional Administrators, and to authorize

(b) An applicant for a loan shall have ed in them to make redelegations.

available funds or assets considered ade pe $ 52.5 Definitions.

quate by the Commissioner to defray

no less than 20 percent of the estimated As used in this part:

expenses of planning a project and of (a) “Act" means the Housing and

obtaining financing under à federally Urban Development Act of 1968.

assisted program.

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$ 52.17 . Use of loan proceeds.

PART 71-FAIR HOUSING; PROCEA applicant shall agree, in form satis- DURES WITH RESPECT TO COMfactory to the Commissioner, to use the PLAINTS loan proceeds for the expenses of plan

Subpart A-Purpose and Definitions ning the rehabilitation or construction of a project and for obtaining the fi

Sec.

71.1 Purpose. nancing of such project under a federally

71.2 Definitions. assisted program. The plans for such project shall contemplate its ownership Subpart B-Procedures for Enforcement of by the applicant or another nonprofit or- Complaints Against Discriminatory Housing ganization satisfactory to the Commis- Practices sioner.

71.11 Submission of information.

71.12 Complaints by persons aggrieved. $ 52.20 Maximum amount of loan.

71.13 Where to file complaints. The loan shall not exceed 80 percent of 71.14 Contents of complaint. the total reasonable and necessary costs 71.15 Form of complaint; amendments. expected to be incurred in both planning 71.16 Date of filing of complaint. the project and of obtaining financing

71.17 Service of

complaint; filing of under a federally assisted program. These

71.18 Notice to State or local fair housing costs may include preliminary surveys

agencies. and analyses of market needs; prelimi

71.19 Suspension of proceedings. nary site engineering and architectural

71.20 Secretary's certification. fees; options for site acquisition; applica- 71.21 Investigation by the Secretary and tion and mortgage commitment fees;

decision to resolve. construction loan fees and discounts; and 71.22 Subpoenas and investigative powers. such other items of cost as may be ap

Subpart C--Procedures To Rectify Discriminatory proved by the Commissioner. The loan

Housing Practices proceeds shall be disbursed on the basis

71.31 Conference, concllation, and persuaof 80 percent of the Commissioner's esti

sion. mate of the total reasonable costs for

71.32 Settlements. such planning and for obtaining such 71.33 Inability to obtain voluntary compli. financing. The loan contract shall pro

ance. vide for an adjustment of the loan to an 71.34 Other notification where voluntary amount which will not exceed 80 percent

compliance is not obtained. of the actual expenditures for such total

71.35 Confidentiality of conciliation con

ferences. costs.

71.36 Other action by the Secretary. $ 52.25 Waiver of repayment.

Appendix-List of Department of Housing The Commissioner may waive the re

and Urban Development Regional payment of all or such part of a loan that

Offices and Jurisdictional Areas he determines cannot be recovered from

AUTHORITY: The provisions of this part 71 the proceeds of a permanent loan made issued under 82 Stat. 81-89, 79 Stat. 669; 42

finance the rehabilitation or construc- U.S.C. 3601-3619; 42 U.S.C. 3535(d). tion of a housing project.

SOURCE: The provisions of this part 71 $ 52.27 Maturity of loans-contract pro- appear at 34 F.R. 133, Jan. 4, 1969, unless visions.

otherwise noted. The contract for a loan shall provide Subpart A-Purpose and Definitions for repayment by the borrower within 6 months following the first disbursement

$71.1 Purpose. of funds pursuant to the contract or at (a) The regulations set forth in this such time as the borrower recovers his part contain the procedures established expenses from the proceeds of the perma- by the Secretary of Housing and Urban nent financing, or at such other time as Development for carrying out his remay be fixed by contract with the Com

sponsibility with respect to any commissioner. The Commissioner may ex

plaint filed with him under section 810 tend the time for repayment under such

of title VIII of the Civil Rights Act of terms and conditions as he may pre

1968, Public Law 90-284, 42 U.S.C. 3610. scribe.

(b) Where a person charged with a $ 52.30 Interest on loans.

discriminatory housing practice in a comNo interest shall be charged to a bor- plaint filed under section 810 of title VIII rower under the provisions of this part. is also prohibited from engaging in sim

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ilar practices under title VI of the Civil ing of title VIII and this part, it shall be Rights Act of 1964, 42 U.S.C. 2000d- so recorded under $ 71.16. Where addi2000d-5, or Executive Order 11063 of No- tional information is required for purvember 20, 1962, on Equal Opportunity poses of perfecting a complaint under in Housing (27 F.R. 11527–30, Nov. 24, title VIII, the Department will promptly 1962) or other applicable law, such per- advise what additional information is son may also be subject to action by the needed and will provide appropriate as- l'Arm Department of Housing and Urban De- sistance in the filing of such complaint. * velopment or other Federal agency under At the same time, if the information dis- sair the rules, regulations, and procedures closed so warrants, appropriate enforce- trisha prescribed from time to time pursuant ment procedures may be initiated by the to title VI or Executive Order 11063 or Department under E.O. 11063 on Equal other applicable law.

Opportunity in Housing or title VI of the § 71.2 Definitions.

Civil Rights Act of 1964, and the information may also be referred to any other

mas sh As used in this part,

Federal, State, or local agency having an (a) “Department” means Department interest in the matter. of Housing and Urban Development. (b) “Discriminatory housing practice”

$ 71.12 Complaints by persons ago means an act that is unlawful under sec

grieved. tion 804, 805, or 806 of title VIII.

Any person who claims to have been (c) "Dwelling” means any building, injured by a discriminatory housing structure, or portion thereof which is oc- practice or who believes that he will be cupied as, or designed or intended for oc- irrevocably injured by a discriminatory cupancy as, a residence by one or more housing practice that is about to occur families, and any vacant land which is (in this part called “person aggrieved") offered for sale or lease for the construc

may file a complaint within 180 days tion or location thereon of any such after the alleged discriminatory housing building, structure, or portion thereof. practice occurred. Such complaint may

(d) “Family” includes a single in- be filed with the assistance of an authordividual.

ized representative of the person ag(e) "Person” includes one or more in- grieved, including any organization actdividuals, corporations, partnerships, as- ing on behalf of the person aggrieved. sociations, labor organizations, legal representatives, mutual companies, joint

§ 71.13 Where to file complaints. stock companies, trusts, unincorporated Complaints may be filed with the Secorganizations, trustees, trustees in bank- retary by mailing them to Fair Housing, ruptcy, receivers, and fiduciaries.

Department of Housing and Urban De(f) "Secretary” means the Secretary of velopment, Washington, D.C. 20410, or by Housing and Urban Development. presenting them at any regional or field

(g) "State” means any of the several office of the Department, including any States, the District of Columbia, the field office of the Federal Housing AdCommonwealth of Puerto Rico, or any of ministration. Complaints will be proc, the territories and possessions of the essed through the Departments Regional United States.

Administrator having jurisdiction in the sch (h) "Title VIII” means title VIII of the State in which the alleged discriminatory Civil Rights Act of 1968, Public Law 90- housing practice occurred or is about to 284, 42 U.S.C. 3601–3619.

occur. A list of Department Regional (i) "To rent” includes to lease, to sub

Offices with their addresses and areas of lease, to let, and otherwise to grant for a

jurisdiction appears as an appendix to. consideration the right to occupy prem

this part. ises not owned by the occupant.

$ 71.14 Contents of complaint. Subpart B— Procedures for Enforce- Each complaint should contain sub

ment of Complaints Against Dis- stantially the following information: criminatory Housing Practices

(a) The name and address of the per-

son aggrieved. $71.11 Submission of information.

(b) The name and address of the per. The Secretary will receive information son against whom the complaint is filed concerning alleged violations of title VIII (in this part called "respondent”). from any person. Where the information

(c) A description and the address of constitutes a complaint within the mean- the dwelling, if any, which is the subject.

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of the alleged discriminatory housing $71.17

Service of complaint; filing of part ,

practice. 6. Wher. (d) A concise statement of the facts,

Upon the filing of a complaint within quired fir Including pertinent dates, constituting

the meaning of § 71.16(a), and upon any Omplaint the alleged discriminatory housing prac- amendment of such a complaint, a copy

thereof shall be furnished the respondinformat: 1

ent by certified mail or through personal appropris:$ 71.15 Form of complaint; amend

service. The respondent may file an anments.

swer to the complaint at any time prior to formatic: Each complaint shall be in writing and

the expiration of 20 days after the date Oriate entsigned, and shall be sworn to before a

the complaint is received. The answerInitiatedr potary public, or verified in such a man

shall be sworn to before a notary public, 1063 on iner as the Secretary may require. The

or verified in such a manner as the Sectitle VIC Secretary may also require complaints

retary may require. With leave of the and the ito be made on prescribed forms. Com

Secretary, an answer may be amended d to ancplaint forms shall be available to all

at any time. The Secretary will permit cy have persons in any regional or field office of

answers to be amended whenever he behe Department, including any field office

lieves it would be reasonable and fair to of the Federal Housing Administration.

do so. Appropriate assistance in filling out

forms and in filing a complaint will be $71.18 Notice to State or local fair, Eo have rendered by personnel in any of such of

housing agencies. eory hosices

. Complaints may be reasonably and Whenever the Secretary determines at he us fairly amended at any time.

that a State or local fair housing law $71.16 Date of filing of complaint.

provides rights and remedies substanti

ally equivalent to those provided by title aggriep (a) For purposes of section 810(d) of

VIII for a person aggrieved by a discrimin 180 ikitle VIII, a complaint shall be consid

inatory housing practice alleged in a cory houered to be filed when it is received in

complaint filed with the Secretary hereplain: such form as is found reasonably to meet an authe standards of $$ 71.14 and 71.15. The

under, the Secretary shall notify the ap

propriate State or local agency of such person person aggrieved shall be notified of the ization date of filing and, other than in cases

complaint. The Secretary shall give the grievei of referral to a State or local agency,

complainant and the respondent notice of his right to bring court action under

in writing of such referral. Gints. section 810 after the expiration of 30

$ 71.19 Suspension of proceedings. Ch the days from the date of filing. In the case r Hoof a complaint referred to a State or

If, within 30 days after receiving Urban ifocal agency and subsequently reacti

notice of such complaint, appropriate 0410 c'fated by the Secretary pursuant to

proceedings under State and local law mal or 171:20, the person aggrieved shall be

have been commenced by the appropriate udine notified of the date of reactivation and

State or local law enforcement official, using of his right to bring court action under

then proceedings under the regulations be prsection 810 upon the expiration of 30

in this part for title VIII shall be susRegidays from such date. Respondent shall

pended, and no further action shall be on is also be notified of such reactivation.

taken by the Secretary hereunder so long mina (b) Notwithstanding paragraph (a) of

as the proceedings which have been about this section, a complaint may be deemed

commenced under State or local law filed , for purposes of the 180-day period

are, in the judgment of the Secretary, being carried forward with reasonable

promptness by the appropriate State or ciently precise to identify the parties and

local law enforcement official. describe generally the action or practices

§ 71.20 Secretary's certification. n so complained of. Such a complaint may be

Whenever proceedings hereunder have amended, as provided in § 71.15, to cure

been suspended pursuant to § 71.19, the The De technical defects or omissions, including

period of suspension may be terminated failure to verify the complaint, or to clarify and amplify allegations made

and the proceedings reactivated only

upon certification by the Secretary that, is perein, and such amendments shall be

in his judgement, under the circumdeemed to be made as of the original fil

stances of the particular case, the protection of the rights of the parties or the

interests of justice require such action.

of section 810(b) of title VIII, upon the receipt of written information suffi

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$ 71.21 Investigation by the Secretary

and decision to resolve. (a) Within 30 days after a complaint is filed or within 30 days after reactivation by the Secretary, in the case of a complaint referred to a State or local agency and subsequently reactivated pursuant to § 71.20, the Secretary shall investigate the complaint and give notice in writing to the person aggrieved and to the respondent if the Secretary intends to resolve it.

(b) Notwithstanding paragraph (a) of this section, where the allegations of a complaint on their face, or as amplified by the statements of the complainant, disclose that the complaint is not timely filed or otherwise fails to state a valid claim for relief under title VIII, the Secretary may dismiss the complaint without further action,

(c) If the Secretary decides not to resolve a complaint, or to dismiss it under paragraph (b) of this section, he shall advise the person aggrieved in writing of the disposition of the case. Respondent shall also be notified in any case where he has been served with a copy of the complaint.

(d) The Secretary may, in the processing of a case, utilize, with th consent, the services of State or local agencies charged with the administration of fair housing laws or of appropriate Federal agencies.

(e) Any party adversely affected by a determination under paragraph (a) or (b) of this section may, within 5 days of receipt of notice of a determination, request that the Secretary reconsider his action. Such request for reconsideration will be granted only on the basis of additional material evidence not previously available to the party requesting reconsideration or for other good cause shown. $ 71.22 Subpoenas and investigative

powers. The Secretary encourages voluntary cooperation in his investigations but will resort to the compulsory processes authorized by section 811 of title VIII when, in his judgment, such resort becomes appropriate in order reasonably to expedite handling of complaints. The provisions of section 811 shall apply, in such cases, to the issuance and use of subpoenas by the Secretary on his own behalf or on behalf of a respondent. Payment of witness and mileage fees shall be made as provided for in section

811(c) in an amount allowed under th rules governing such payment by th United States district courts. Fees pay able to a witness summoned by subpoen issued at the request of a responden shall be paid by respondent. Subpart C-Procedures To Rectify

Discriminatory Housing Practices $ 71.31 Conference, conciliation,

persuasion. If the Secretary has decided to resolv a complaint, he shall endeavor to elimi nate or correct the discriminatory hous ing practice alleged therein by informa methods of conference, conciliation, an persuasion. These endeavors may pro ceed simultaneously with the conduc of such investigation as the Secretar may deem necessary or after the inves tigation has been concluded, and the need not be terminated even if the per son aggrieved has commenced a civ action in an appropriate court unde title VIII, but all efforts to obtain vo] untary compliance shall immediatel terminate when such civil action come to trial, unless the court specifically re quests assistance from the Secretary. § 71.32 Settlements.

In conciliating or taking other actios pursuant to § 71.31, the Secretary sha attempt to achieve a just resolution c the complaint and to obtain assurance where appropriate, that the responder will satisfactorily remedy any violatior of the rights of the person aggrieve and will take such action as will assu the elimination of discriminatory hous ing practices or the prevention of the occurrence in the future. Written notic of disposition of a case pursuant t § 71.31 and of the terms of settlement, any, shall be given to the parties by th Secretary. The Secretary may, fror time to time, review compliance with th terms of any settlement agreement an may, upon a finding of noncompliance reopen the case or take such enforce ment action as is provided for under th settlement agreement or as may other wise be appropriate. § 71.33 Inability to obtain voluntar

compliance. Should a respondent fail or refuse t confer with the Secretary or his repre sentative, or fail or refuse to make : good faith effort to resolve any dispute

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