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$ 1500.6 Complaint procedures; equal

opportunity in housing. (a) Introduction. The procedures in this section are prescribed pursuant to Executive Order 11063, dated November 20, 1962, 27 F.R. 11527–30, and the statutory authority of the Public Housing Commissioner to make such rules and regulations as he may find necessary to carry out his functions, powers, and duties, 42 U.S.C. 1404a. They are for the purpose of carrying out the provisions of Executive Order 11063, Equal Opportunity in Housing, insofar as that order applies to the program of Federal financial assistance for providing lowrent public housing pursuant to the authority of the United States Housing Act of 1937, as amended, 42 U.S.C. 1401

et seq.

she was employed, either during or subsequent to his employment therein.

(4) Whether while he was employed by the Government, the matter was pending therein; and, if it was SO pending:

(i) Whether he gave personal consideration to it, or had any knowledge thereof while so employed; and

(ii) Whether he is assisting or will be assisted by any person who has personally considered it or gained personal knowledge thereof while employed by the Government.

(c) Violations. Any former officer or employee of the United States violating the provisions of this section will be barred from appearing in a representative capacity before the PHA for such time as the Commissioner may prescribe. Also, if it appears that any violations of law are involved the matter will be referred to the Department of Justice.

(d) Approval or denial of requests. The Regional Director or Division Head to whom a request is made is authorized to solicit such information as he may deem necessary and to approve or deny the request, subject to appeal to the Commissioner as provided for below. No approval to appear in a representative capacity before the PHA will be granted if such appearance would be in violation of law or otherwise contrary to the public interest, or might involve an improper exercise of personal influence by the applicant. The applicant will be notified of the decision in writing, and the notification will include, for the applicant's guidance, a copy of a document entitled "Excerpt From Memorandum No. 40 of the Depart ent of Justice to Prosecuting Authorities, August 27, 1953,” construing Title 18 U.S.C. 284. Letters of approval will include a statement that the approval does not constitute a finding on the part of the PHA as to the relationship of the proposed representation to the provisions of Title 18 U.S.C. 284. Letters of denial will include a statement of the reasons for the decision and a statement that the applicant may, within 10 days, appeal to the PHA Commissioner.

(e) Appeals. An appeal for review by the Commissioner shall be made in writing and shall be submitted to the Regional Director or Division Head concerned. The applicant will be notified in writing of the Commissioner's decision. (22 F.R. 371. Jan. 18, 1957. Redesignated at 26 F.R. 7341, Aug. 12, 1961)

(b) Definitions. As used in the procedures of this section, the term

(1) "Local Authority” means a “public housing agency” as defined in section 2(11) of the United States Housing Act of 1937, as amended, 42 U.S.C. 1402(11), having a contract for financial assistance with the Public Housing Administration pursuant to that Act.

(2) "Contract obligation" means the obligation of a local authority under either of the following provisions in any contract between the Public Housing Administration and the local authority:

The local authority shall not discriminate because of race, color, creed, or national origin in the sale, leasing, rental or other disposition of housing or related facilities (including land) included in any Project or Projects initially covered after November 20, 1962, by a contract for annual contributions under the United States Housing Act of 1937, or in the use or occupancy thereof. The local authority shall not, on account of race, color, creed, or national origin, deny to any family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs.

The local authority shall not discriminate because of race, color, creed, or national origin in the sale, leasing, rental, or other disposition of housing or related facilities (including land) included in any project or projects, or in the use or occupancy thereof. The local authority shall not, on account of race, color, creed, or national origin, deny to any family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs.

(3) "Discriminatory practice" means any practice or action which constitutes a violation of a contract obligation, or which would constitute such a violation if the project involved were covered by a contract obligation.

(4) “Project" means any low-rent housing project in receipt of financial assistance, or federally owned and operated, under the United States Housing Act of 1937, as amended. Federally owned projects shall be treated as projects subject to a contract obligation and their Housing Project Managers shall be treated as local authorities for purposes of the procedures of this section.

(5) "Commissioner" means the Public Housing Commissioner.

(c) Complaints. (1) A complaint of a discriminatory practice may be filed with the appropriate Regional Director of the Public Housing Administration and must be filed within ninety (90) days from the date of the alleged discriminatory practice unless the time is extended by the Regional Director for good cause. A list of PHA Regional Offices, with their addresses and areas of jurisdiction, is published in the FEDERAL REGISTER under the heading "Housing and Home Finance Agency, Public Housing Administration, Description of Agency and Programs." Information as to locations and areas of jurisdiction of Regional Offices may also

obtained upon written request addressed to the Public Housing Administration, Washington, D.C., 20413.

(2) A complaint shall be in writing and signed by the complainant. It shall insofar as known to complainant, name the local authority and/or the project involved; state the time, place, and nature of the alleged discriminatory practice; and set forth factual information known to the complainant supporting the allegation. It shall also state the complainant's interest in or relationship to the alleged discriminatory practice.

(3) A complaint may be filed by an authorized representative of the complainant, provided that the authorization of the representative to act for the complainant is filed with the complaint.

(d) Preliminary action on a complaint. (1) Upon receipt of a complaint, the Regional Director shall promptly and in writing acknowledge its receipt and request such additional information from the complainant as may be necessary

(2) If it appears that the complaint rezi lates to other than a project as defined is paragraph (b) (4) of this section, the Re gional Director shall advise the com: plainant in writing that the Public Hous a ing Administration lacks jurisdiction the matter and state the reason. If this complaint relates to a project as define 123 in paragraph (b) (4) of this section, thr Regional Director shall advise the come plainant either that the project is subject to a contract obligation, quoting the specific contract provision, or that the project is not subject to a contract obli gation but is subject to the "good offices provision of section 102 of the Executiv Order.

(3) If the complaint is not filed withi the ninety (90) day period stipulated i paragraph (c) (1) of this section, the Re gional Director shall send appropriat written notification to the complainan

(e) Regional office inquiry. If th complaint relates to a project as define in paragraph (b)(4) of this section, an is timely (either originally or by gran of an extension of time), the Regiona Director shall conduct an inquiry int the facts. If such inquiry reveals tha there is no factual basis for the com plaint, and the Regional Director be lieves further inquiry would serve n useful purpose, he shall notify the com plainant in writing that he finds n factual basis for the complaint, statini such reasons or facts as may be ap propriate and advising that no further action will be taken unless the complain ant submits further facts supporting th complaint. If such inquiry or any fur ther statement submitted by the com plainant reveals factual basis for the complaint, the Regional Director shal or proceed as set forth below in this section:

(f) Informal action. The Regional Director or his designee shall undertake by informal means (including confer ences, conciliation, and persuasion) to end, remedy, or prevent the recurrence of the discriminatory practice com. plaint of. If the complaint is resolved by such informal means, the Regional Director shall in writing advise both the complainant and the Local Authority to that effect and that the Public Housing Administration will take no further action on the complaint.

(g) Formal action (1) Cases under section 102 of the Executive Order. If

be

the complaint is not resolved by informal means and the project involved is not subject to a contract obligation, the Regional Director shall submit a complete report in writing to the Commissioner for such further action, if any, as the Commissioner deems appropriate, and hall advise the complainant that the matter has been referred to the Comnissioner and that the complainant will e advised by the Commissioner of any urther proceedings or action taken and f the disposition of the complaint. (2) Cases involving a contract obligaHon. (i) If the complaint is not replved by informal means and the projct involved is subject to a contract obgation, the Regional Director shall end written notification to the local auhority which shall include available inormation as to the following: (a) The name and address of the wmplainant; (b) The date, place, and nature of the lleged discriminatory practice; (c) A summary of the facts alleged by he complainant to constitute the disriminatory practice and of any other acts supporting the complainant's alegation;

(d) The fact that the project involved subject to a contract obligation (quotng the specific contract provision aplicable to the alleged discriminatory ractice). (ii) The local authority shall be reuested to respond in writing within ten 10) days after receipt of such letter, or within such reasonable extension of time is may be requested within ten (10) days after receipt of such letter and ranted by the Regional Director, admitting or denying the alleged discriminatory practice, stating any facts the Local Authority deems pertinent, setting forth any corrective action the local Authority proposes to take, and including any other statement pertinent to the ocal authority's position with respect to the alleged discriminatory practice.

(iii) Upon receipt of the local authorHy's response, or if the local authority fails to respond, the Regional Director shall conduct such further inquiry or investigation into the facts as he shall deem appropriate. Hearings to resolve issues of fact may be held, if the Regional Director deems appropriate, by

him or his designee. The Regional Director shall make findings as to the merits of the complaint and notify the complainant and the local authority of his findings. If he finds that the local authority has violated a contract obligation, the notification shall specify action to be taken by the local authority to correct the violation and state the action, if any, to be taken by the PHA. Both the complainant and the local authority shall be notified of their right to request a review by the Commissioner of the Regional Director's findings and/or proposed action. Inquiries and hearings shall be conducted, and findings and notifications made, without undue delay.

(h) Review. The complainant or the Local Authority may, within fifteen (15) days after receipt of the Regional Director's notification of findings and proposed action, apply in writing for a review by the Commissioner; Provided, however, That such period may be extended in the discretion of the Commissioner for good cause. The application for review shall be accompanied by a written statement setting forth the reasons for reversal or modification of the findings and/or proposed action. After reviewing the record and conducting such additional inquiry or investigation of the facts (including the holding of a hearing) as the Commissioner may deem advisable, the Commissioner will affirm, modify, or reverse the findings and/or proposed action or make such other findings and statements of proposed action as the Commissioner deems appropriate and will notify the complainant and the local authority of the determination.

(i) Sanctions. Upon a final finding of a discriminatory practice by a local authority, the action to be taken against the local authority by the PHA may include:

(1) Declaring a breach or default on the part of the local authority, in accordance with the terms of the annual contributions contract covering the project in question;

(2) Refusal to enter into further contracts for financial assistance with the local authority;

(3) Cancellation or termination of contracts with the local authority;

(4) Such other action as may be appropriate and permitted by law.

(j) Waiver. The Commissioner may, for good cause, waive any of the procedural requirements in the processing of any complaint.

(k) Consultation with State or local agencies. In the inquiry into or resolution of a complaint, the Regional Director or his designee may consult with any officially constituted State or local agency charged with preventing or redressing discrimination because of race, color, creed, or national origin. (Sec. 502(b), 62 Stat. 1284, 42 U.S.C. 1404a; sec. 203, E.O. 11063, 27 F.R. 11528) [28 F.R. 12620, Nov. 27, 1963) $ 1500.7 Complaint procedure; nondis

crimination in low-rent public hous

ing. (a) Introduction. This section is issued under the authority of title VI of the Civil Rights Act of 1964, P.L. 88– 352, 78 Stat. 252, 42 U.S.C. 2000d-1; the regulations of the Housing and Home Finance Agency effectuating title VI of the Civil Rights Act of 1964, 24 CFR, Subtitle A, Part 1, $ 1.1 et seq. of this title (herein referred to as “the HHFA regulations"); and section 502(b) of the Housing Act of 1948, 42 U.S.C. section 1404a. Notwithstanding the provisions of § 1500.6, Complaint procedures-equal opportunity in housing, the procedure prescribed in the HHFA regulations, as implemented by the Public Housing Administration in this $ 1500.7, shall apply with respect to any complaint of discrimination on the ground of race, color, Housing Act of 1937, as amended, 42 or national origin in the low-rent housing program under the United States U.S.C. 1401 et seq. The procedure prescribed in $ 1500.6 shall apply only to complaints of discrimination on the basis of creed.

(b) Definitions. As used in this section:

(1) “Local Authority” means a "public housing agency” as defined in section 2(11) of the United States Housing Act of 1937, 42 U.S.C. 1402(11), which is a “recipient" of or an "applicant” for Federal financial assistance under that Act as defined in $ 1.2 of this title (HHFA regulations). With respect to any federally owned or operated low-rent housing project, the housing project manager shall be deemed to be a “Local Authority” for purposes of this section.

(2) “Discrimination" means any ac tion or practice of a local Authority of the kind prohibited by section 601 of the Civil Rights Act of 1964 or by $ 1.4 (al and (b) of this title (HHFA regulations) and, in the case of a project covered by a contract clause for equal opportunit in housing pursuant to section 101 o Executive Order 11063 (see $ 1500.6(b (2)), any action or practice prohibited b such clause relative to race, color, o national origin.

(3) "Project" means a low-rent hous ing project assisted under the Unite States Housing Act of 1937, including an low-rent housing project owned or op erated by the Federal Government pur suant to said Act.

(4) “Commissioner" means the Publi Housing Commissioner.

(c) Complaints (1) Filing. Com plaints of discrimination on the part ( a Local Authority shall be filed with th appropriate HUD Regional Administra tor. A list of HUD Regional Offices wit their addresses and areas of jurisdictio appears as Appendix A to this sectioi Regional Administrators are authorize; to extend the time for filing a complair beyond the period specified in § 1.7(b) this title.

(2) Content. A complaint shall signed by the complainant or his reprt sentative and shall, insofar as known 1 complainant, name the Local Authorit and the project involved, state the tim place, and nature of the alleged discrim. nation, set forth factual informatiq known to the complainant supportin the allegation of discrimination, an state the complainant's interest in or re lationship to the alleged discriminatio

(3) Acknowledgment. Receipt of complaint shall

be

acknowledge promptly and in writing by or at th direction of the Regional Administrato

(4) Further notice to complainan The complainant will be advised in writ ing when investigation of the complair indicates discrimination and the matte is resolved by informal means. In a other respects, the procedure prescribe in the HHFA regulations will apply.

(d) Effective date. This section sha be effective January 3, 1965. (Sec. 502(b, 62 Stat. 1284, sec. 602, 78 Sta 252; 42 U.S.C. 1404a, 2000d-1, and the law referred to in Appendix A of Part 1 of th title) [30 F.R. 132, Jan. 7, 1965, as amende at 32 F.R. 13808, Oct. 4, 1967)

PPENDIX A-LIST OF HUD REGIONAL OFFICES AND JURISDICTIONAL AREAS MODIFIED FOR LOW-RENT HOUSING

PROGRAM

Region

Address

General jurisdictional area

Addition to region for low-rent

housing program

26 Federal Plaza, New Connecticut, Maine, Massachu-
York, N.Y. 10007.

setts, New Hampshire, New

York, Rhode Island, Vermont.
Widener Bldg., 1339 Delaware, District of Columbia,

Chestnut St., Phila- Maryland, New Jersey, Penn-
delphia, Pa. 19107.

sylvania, Virginia, West Vir

ginia.
Peachtree-Seventh Bldg., Alabama, Florida, Georgia, Ken-
Atlanta, Ga. 30323. tucky, Mississippi, North Caro-

lina, South Carolina, Tennessee.
360 North Michigan Ave., Illinois, Indiana, Iowa, Michigan,
Chicago, Ill. 60601.

Minnesota, Nebraska, North
Dakota, Ohio, South Dakota,

Wisconsin.
Federal Office Bldg., 819 Arkansas, Colorado, Kansas,

Taylor St., Fort Worth, Louisiana, Missouri, New Mex-
Tex. 76102.

ico, Oklahoma, Texas.

Development matters for Mis

sissippi Band of Choctaw Indians in vicinity of Philadelphia, Miss. (but management matters under Reg.

III). Reg. III modified. Navajo Indian Reservation in

New Mexico, and other Indian programs in Colorado and New Mexico. Reg. V modified.

[blocks in formation]

c. 7(d) of Dept. of HUD Act, 42 U.S.C. 3535(d); sec. A, 4, of Secretary's delegation ective July 1, 1966 (31 F.R. 8967, June 29, 1966)) (33 F.R. 14953, Oct. 5, 1968]

ART 1520_LOW-RENT HOUSING (d) Families of low income. Families PROGRAM

who are in the lowest income group and

who cannot afford to pay enough to cause 10.1 Definitions.

private enterprise in their locality or 20.2 General policy.

metropolitan area to build an adequate 10.3 Application for financial assistance

supply of decent, safe, and sanitary (other than leasing program). dwellings for their use. 1.4 Annual Contributions Contract

(e) Local Authority. Any State, (other than leasing program). 10.5 Leasing program.

county, municipality, or other govern10.6 Private participation.

mental entity or public body which is 10.7 Applications; information.

authorized to engage in the development 20.8 Federally owned low-rent housing. or administration of low-rent housing or AUTHORITY: The provisions of this part

slum clearance. A “Local Authority” is a issued under sec. 7(d), 42 U.S.C. 3535

“public housing agency” as defined in secs. A, 4, of Secretary's delegation

the Act. sctive July 1, 1966 (31 F.R. 8967, June 29, (f) Cooperation agreement. A con

tract between a Local Authority and the SOURCE: The provisions of this Part 1520 governing body of the locality, providing pear at 32 F.R. 13808, Oct. 4, 1967, unless for tax exemption, elimination of unsafe herwise noted.

and insanitary dwelling units, supplying 1520.1 Definitions.

of public services, and other forms of

cooperation by the local government, and Por purposes of this part the following

for payments in lieu of taxes by the Local ms shall have the meanings ascribed: la) Act. The United States Housing

Authority, in connection with a low-rent of 1937, as amended (42 U.S.C. 1401

housing project. seq.).

f 1520.2 General policy. (b) State. Any State of the Union, the

The objectives of the program are to strict of Columbia, and any Territory, pendency, or possession of the United

promote the general welfare by employ

ing the funds and credit of the United (c) Low-rent housing. Decent, safe,

States to assist the States and their poid sanitary dwellings within the finan- litical subdivisions to alleviate unemployreach of families of low income, and ment and to remedy the unsafe and necessary appurtenances.

insanitary housing conditions and the

ates.

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