HomeMy WebLinkAboutAgenda - 06-26-1996 - VIII-B . , 1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
Action Agenda
Item No. VIE-13
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 26, 1996
SUBJECT: CONTRACT WITH U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
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DEPARTMENT: Human Rights and Relations PUBLIC HEARING: _Yes XX No
BUDGET AMENDMENT NEEDED
—Yes XX No
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ATTACHMENT(S): INFORMATION CONTACT:
• Correspondence from HUD Lucy Lewis, ext. 2251
• Interim Agreement
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Chapel Hill - 967-9251
Durham - 688-7331
Mebane- 227-2031
PURPOSE: To approve an Interim Agreement between Orange County and the U.S.
Department of Housing and Urban Development.
BACKGROUND: On June 10, 1996, the Human Relations Commission (HRC) received
notification that the request for an Interim Agreement(Agreement for Interim Referrals or Other
Utilization of Services)has been approved by the U.S. Department of Housing and Urban
Development (HUD), and a copy of the proposed Agreement. This Agreement, which will be in
effect for at least two years, provides a mutually agreed-upon process for handling housing
discrimination complaints that are currently within the jurisdiction of both Orange County and
HUD. Under this Agreement, Orange County will receive approximately$100,000 for the first
year of the Agreement for capacity-building purposes, including complaint processing, education
and outreach, training and data collection. The amount of additional capacity-building funds for
the next year depends on the federal budget. Once Orange County receives substantial
equivalency certification, the County will receive partial reimbursement for each closed housing
discrimination case, as long as the County continues to meet substantial equivalency performance
standards. That amount is currently $1,700 per closed case.
RECOMMENDATION: The Manager recommends that the Board approve the Interim
Agreement and authorize the Chair to sign the Agreement.
O�f'PM[I..Q,yes U.&Department of Housing and Urban Development �—�- 2 ,
Washington, D.C.20410-2000 ' ,5
e 9S,N OfvE�`� VV„ _V IVW
, ! 1996
OFFICE OF THE ASSISTANT SECRETARY
FOR FAIR HOUSING AND ECIUAL OPPORTUNITY
Ms. Lucy Lewis
Director
Orange. County Human Relations
Commission
P.O. Box 8181
Hillsborough, North Carolina 27278
Dear Ms. Lewis:
This letter is in further reference to the request of the
Orange County Human Relations Commission (OCHRC) for Orange
County, North Carolina, for substantial equivalency certification
under the Fair Housing Act (the Act) .
Because the Orange County Civil Rights Ordinance (OCCRO)
provides substantive rights, procedures, remedies, and
availability of judicial review that are substantially equivalent
to those provided in the Act, I am pleased to offer the OCHRC an
Agreement for Interim Referrals or Other Utilization of Services
(interim agreement) . The interim agreement also addresses the
working relationship to be in effect between the OCHRC and the
Department of Housing and Urban Development with respect to the
processing and referral of complaints. A copy of the interim
agreement is enclosed for your review and execution.
Staff from the Atlanta Fair Housing Enforcement Center,
(FHEC) will be in contact with you in the very near future to
discuss the terms of the interim agreement. Once it has been
executed, the PHEC may begin referring complaints that allege
discriminatory housing practices based on race, color, religion,
sex, national origin, handicap, and familial status.
This interim agreement will remain in effect no longer than
three years from the date of the Assistant Secretary's signature.
This three-year period will permit HUD to monitor the
administration and enforcement of your fair housing law to make a
final determination regarding certification for your agency.
This means that your agency must receive a successful performance
review under 24 CPR Part 115 within this three-year period in
order to become fully certified. Comprehensive monitoring by the
FHEC will ensure an acceptable level of performance which will
satisfy the requirements of the Act.
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If you have any questions concerning this matter, please
contact:'
Shirley J. Wilkins, Director
Fair Housing Enforcement Center
U.S. Department of Housing and Urban Development
Richard B. Russell Federal Building
75 Spring Street, SW
Atlanta, Georgia 30303-3388
Telephone: (303) 441-5140
If you have any questions regarding this interim agreement,
please contact Ms. Marcella 0. Brown, Director, Fair Housing
Assistance Program Division, on (202) 708-0455 .
I look forward to a continuing relationship with
Orange County as we strive to make fair housing a reality
throughout the United States.
Sincerely,
ara K. Pratt, Director
five of Investigations
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Enclosure
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AGR-ZNMT FOR INTERIM REFERRALS OR
OTHER UTILIZATION OF SERVICES
BETWEEN DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND
ORANGE COUNTY HUMAN RELATIONS COMKISSION
All references are to 24 CFR Subtitle B,
Chapter 1, Subchapter A (1989)
I. PURPOSES
The purposes of this Agreement for Interim Referrals
or Other Utilization of Services (interim agreement) are:
to provide for referral of fair housing complaints between
the U.S. Department of Housing and Urban Development ( "the
Department") and Orange County Human Relations Commission
("the Agency or OCHRC") ; to set forth the terms and
conditions upon which such referrals will be made; to '
define the terms and conditions upon which the services
and employees of the Department may be used by the Agency;
to define the terms and conditions upon which the services
and employees of the Agency may be used by the Department;
and, to establish procedures for communication between the
parties to this interim agreement that permit the
Department to monitor and evaluate the Agency's
administration and enforcement of its fair housing law for
initial and continued certification. These communication
procedures will assist the Department in determining
whether, in operation, the fair housing law administered
by the Agency provides rights, procedures, remedies, and
judicial review for alleged violations of law that are
substantially equivalent to those provided in the Fair
Housing Act (more specifically, whether the Agency is
operating in a manner consistent with the performance
standards set forth at 24 CFR 115) .
II. AUTHORITY
The Department is responsible for the administration
of the Fair dousing Act (42 U.S.C. 3601-3619) and the
implementing regulations at 24 CFR Part 14 et al.
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The Agency is responsible'for the administration and
enforcement of the Orange County Civil Rights Ordinance
(OCCRO) as interpreted, implemented, explained or
otherwise effected by Regulation, Rule, Directive, or
Formal Opinion of the State Attorney General/Chief Law
Officer of the jurisdiction, as appropriate.
The Assistant Secretary for Fair Housing and Equal
Opportunity, in applying the criteria set forth in the
implementing regulations, has determined that the cited
law provides rights, procedures, remedies, and judicial
review for alleged discriminatory housing practices that
are substantially equivalent to those provided in the Fair
Housing Act.
The law the Agency is charged with administering has
not been in effect for a sufficient time to permit
demonstration of compliance with the performance standards
described in 24 CFR 115.203 . Therefore, the Department
and the Agency are entering into this interim agreement.
III. DEFINITIONS
As used in this interim agreement:
A. "Agency' or •OCHRC" means the Orange County
Human Relations Commission.
B. "Aggrieved person" includes any person who:
(1) claims to have been injured by a
discriminatory housing practice; or
(2) believes that such person will be injured
by a discriminatory housing practice that
is about to occur.
C. "Commence proceedings" means when the Agency has
received a complaint, assigned a case number,
determined acceptability, and assigned the
complaint for investigation and resolution.
D. "Complainant" means the person who files a
complaint under the Ordinance or Section 810 of
the Fair Housing Act.
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B. "Conciliation" means the attempted resolution of
issues raised by a complaint, or by the
investigation of a complaint, through informal
negotiations involving the aggrieved person, the
respondent, and the Agency representative.
F. "Conciliation agreement" means a written
agreement setting forth the resolution of the
issues in a conciliation agreement signed by the
complainant, respondent, and Agency.
G. "Concurrent processing" means the processing of
a case under the Fair Housing Act and other
civil rights authorities administered by the
Department.
H. "Department" or "HUD" means the United States
Department of Housing and Urban Development.
I. "Dual-filed complaint" means a complaint that is
filed with both the Department and the Agency
and alleges discriminatory housing practices
unlawful under the Ordinance and Sections 804,
805, 806 and 818 of the Fair Housing Act.
J. "Fair Housing Act" means Title VIII of the Civil
Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988, 42 U.S.C.
3601-3619.
K. "Investigation" is the process by which HUD and
the Agency obtain information concerning the
events or transactions that relate to the
alleged discriminatory housing practice
identified in the complaint; document policies
or practices of the respondent involved in the
alleged discriminatory housing practice raised
in the complaint; and develop factual data
necessary to determine whether reasonable cause
exists to believe that a discriminatory housing
practice has occurred or is about to occur.
L. "Person" includes one or more individuals,
corporations, partnerships, associations, labor
organizations, legal representatives, mutual
companies, joint stock companies, trusts,
unincorporated organizations, trustees, trustees
in cases under Title 11 of the United States
Code, receivers and fiduciaries.
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M. "Field Office" is the Southeast/Caribbean Field
Office located at: Richard B. Russell Federal
Building. 75 Spring Street. ST . Atlanta. Georgia
30303-3388. Telephone: (303) 441-514.0
N. "Respondent" means:
(1) the person or other entity accused in a
complaint of a discriminatory housing
practice (s) ; and
(2) any other person or entity identified
during investigation and notified as
required.
IV. FILING OF COMPLAINTS/DUAL-FILING
In order to protect housing rights and facilitate the
filing of complaints, HUD and the Agency each authorizes
the other to receive complaints for it. Each Agency will
inform complainants of their right to file with the other
Agency and, pursuant to the procedures identified in this
interim agreement, will assist the person alleging housing
discrimination in preparing a complaint to satisfy the
requirements of the other Agency. The authorization to
receive complaints contained in this paragraph does not
include the right of one Agency to determine the
jurisdiction of the other over a complaint.
A. Acceptance and Referral of Complaints
(1) Complaints first received by the
Department. When a complaint is filed with
the Department and alleges a discriminatory
housing practice that is within the
jurisdiction of the Agency, the Field
Office will, within 3 working days, notify
the Agency by certified mail, and the
complainant and respondent by mail within
ten days, of the filing of the complaint
with HUD and refer the complaint to the
Agency for further processing. The agency
shall acknowledge the date it received the
complaint or the certified mail receipt and
return it promptly to HUD. The Department
will take no action with respect to the
complaint, except for reactivation as set
forth in Section V of this interim
agreement.
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Additionally, a referral does not prohibit
the Department from taking appropriate
action to review or investigate matters in
the complaint that raise issues cognizable
under other civil rights authorities
applicable to HUD programs. If possible,
the Department will include in the
transmittal of the complaint, information
as to whether other civil rights
authorities are applicable. If the
Department cannot make a determination that
other civil rights authorities apply within
three days of the receipt of the complaint,
the Department will forward the complaint
and provide such additional information as
soon as it is determined.
(2) Comolaints first received by the Agency.
When a complaint is filed with the Agency
under its fair housing law, the Agency will
forward it to the Field Office within S.
working days after receipt. The Agency
shall indicate its case file number on the
transmittal to HUD. Upon receipt of the
complaint, HUD will assign a file number
and notify the Agency within 5 working days
of the Department's acceptance of the
complaint as dual-filed. The Field Office
will notify the Agency within 5 working
days after the complaint has been received
whether HUD has determined that other civil
rights authorities are applicable.
When the Agency receives a complaint, the
complainant or aggrieved person shall be
informed of his/her rights under the Fair
Housing Act and encouraged to file a
complaint with HUD.
The time period for reactivation will begin
upon the Agency's acknowledged date of
receipt of the complaint. The Agency
acknowledges receipt by dating the
Department's enclosed return receipt,
assigning an Agency case file number, and
returning the receipt to the Field Office.
HUD will begin monitoring of the complaint
based on the Agency's acknowledged receipt
date.
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The Agency shall assist the complainant or
aggrieved person in drafting a complaint
that meets the filing requirements of this
Section and shall send the complaint to the
Field Office designated in Section III. M.
B. The Agency agrees that complaints may be filed
by telephone, in person, or by mail. Complaints
filed with the Agency will be considered
dual-filed under its own law and with the
Department under the Fair Housing Act.
C. ' Each complaint must be in writing and joust be
signed and affirmed by the aggrieved person
filing the complaint. Information can be
provided by telephone and reduced to writing by
an agency and the signature and affirmation may
be made at any time during the investigation.
D. Each complaint must contain substantially the
following information:
(1) The name and address of the aggrieved
person;
(2) The name and address of the respondent;
(3) A description and the address of the
dwelling that is involved, if appropriate;
and
(4) A concise statement of the facts, including
pertinent dates, constituting .the alleged
discriminatory housing practice.
E. A complaint will be considered filed when it is
received by the Department, or dual-filed with
the Department through the Agency, in a form
that meets the standards of C and D above.
F. HUD will identify any complaint that may involve
the need for a temporary restraining order (TRO)
and refer the complaint to the agency promptly
by telephone with follow-up mail.
G. The Agency agrees:
(1) To engage in comprehensive and thorough
investigation and conciliation activities.
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(2-) To commence proceedings with respect to a
complaint before the end of the 30th day
after receipt of the complaint, carry
forward proceedings with reasonable
promptness in accordance with this interim
agreement, and make final administrative
disposition of a complaint within one year
of the date of receipt and within 100 days
of receipt of the complaint, complete the
following investigatory proceedings,
including the preparation of a final
investigative report containing:
(a) The names and dates of contacts with
witnesses;
(b) A summary and dates of correspondence
and other contacts with the aggrieved
person and the respondent;
(c) A summary description of other
pertinent records;
(d) A summary of witness statements; and
A e) Answers to interrogatories.
H. The Agency agrees to notify the complainant and
respondent in writing of the reasons, if the
Agency is unable to complete the investigation
within 100 days.
I. The Agency agrees that it will not refer any
complaints to any agency or unit of government
unless the Department has found such agency or
unit of government to be substantially
equivalent.
J. The Agency agrees not to permit any of its
decision making authority to be contracted to or
delegated to a nongovernmental entity.
V. RRACPIVATI=
A. Mutual Reactivation
Reactivation may occur if the Agency or
Department request reactivation or the Agency
consents to reactivation. The following
situations are bases for reactivation under this
paragraph:
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(1) If the respondent is a Federal, State, or
local governmental Agency;
(2) If the respondent has properties outside
the jurisdiction in which the Agency
operates;
(3) If the case is systemic; or
(4) If handling the case would result in a
conflict of interest for the Agency.
B. Reactivation
The Agency and the Department agree that, except
with the consent of or request for reactivation
by the Agency, the Department, after referral of
the complaint, shall take no further action with
respect to such complaint unless:
(1) The Department determines that the Agency
no longer qualifies for certification; or
(2) The Agency has failed to commence
proceedings with respect to the complaint
within 30 days of the Agency's acknomledged
receipt date (in accordance with Section
III (C) ) ; or
(3) The Agency, having so commenced such
proceedings within the 30-day period, fails
to carry forward such proceedings with
reasonable promptness.
The determination that the Agency has failed to
act with reasonable promptness is one that the
Department will make on a case-by-case basis
through consultation with the Agency. Factors
to be considered include, but need not be
limited to, the following:
the subject matter;
the number of aggrieved persons;
the complexity of the issues involved in
the complaint;
the progress made by the Agency since the
referral of the case;
the workload and resources available to the
Agency; and
scheduling difficulties between the Agency,
the aggrieved person, and the respondent.
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(4) HUD will not reactivate a complaint under
this paragraph until the appropriate HUD
Field Office has conferred with the Agency
to determine the reason for the delay in
processing the complaint. If the Assistant
Secretary believes that the Agency will
proceed expeditiously following the
conference, the Assistant Secretary may
leave the complaint with the Agency for a
reasonable time.
(5) The complaint will be reactivated, if, at
any time during the processing of the
complaint: (a) it is discovered that the
complaint was improperly referred to the
Agency; or (b) the complaint was properly
referred, but it is discovered that the
complaint involved exemptions or other
restrictions that, if known at the time of
referral, would have resulted in HUD's
retention of the complaint under paragraph
VIII (A) of this agreement.
The Department may reactivate under this
Agreement without regard to such time
frames as set forth herein. Reactivation
for untimely processing will begin from the
Agency' s acknowledged date of receipt of
the complaint.
C. If reactivation occurs under this paragraph V,
the Agency will not receive payment for
processing, unless HUD determines that failure
to pay would impose a significant burden on the
Agency.
VI. REQUIRMMMTS FOR CERTIFICATION
The following are requirements for receiving and
maintaining certification:
A. To conduct compliance reviews of all
settlements, conciliation agreements and orders
issued to resolve discriminatory housing
practices;
B. To consistently and affirmatively seek and
obtain the type of relief designed to prevent
recurrences of such practices;
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C. To consistently and affirmatively seek the
elimination of all prohibited practices under
its fair housing law;
D. To inform the Department of any changes in
duties or responsibilities in addition to the
administration of the fair housing law;
E. To provide the Department, annually, data
showing changes in the organization of the
agency, funding and personnel made available for
the enforcement of the fair housing law; and
F. To immediately notify the Department of any
changes in its fair housing law, regulations,
directives; any pertinent opinions of the State
Attorney General or the Chief Legal Officer of
the Agency' s jurisdiction.
VII. COMPLAINT PROCESSING
A. The Department will refer to the Agency any
complaint filed with the Department that alleges
a violation of the Agency' s fair housing law for
processing.
B. The Agency agrees to accept any complaint
referred to it by the Department, and to process
such complaint. The Agency further agrees that
no complaint referred to it by the Department
involving discriminatory housing practices will
be referred to any other Agency.
C. Investigations
To ensure that complaint investigations are
effective, the Agency and the Department agree
that:
(1) The Agency and the Department will have
mutual access to all relevant information
in each other' s possession during the
investigation of a complaint (access also
may be requested from other local, State
and/or Federal agencies as appropriate)
unless they are legally restricted from
doing so;
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(2) Upon reasonable notice by either signatory,
each agrees to make available to the other,
to the maximum extent possible, such
facilities and/or staff resources as are
necessary in processing a complaint; and
(3) When there are reasons for an investigation
to be conducted jointly by investigators
from both the Department and the Agency,
the signatories will coordinate their pre-
investigative planning to assure that there
is no duplication of effort. During any
joint investigation, the investigators from
both signatories will make the same
representations to respondent (s) ,
complainant (s) , and witnesses. For example,
where a case is concurrently processed
(other civil rights authorities
administered by HUD as well as the Fair
Housing Act and the Agency's fair housing
law apply to the case) , HUD may participate
in the processing of the complaint.
D. Other Civil Rights Authorities
In addition to the Fair Housing Act, other civil
rights authorities may be applicable in a'
particular case. HUD personnel in the Field
Office of FHEO will investigate that portion of
the complaint not covered by this interim
agreement, which may violate the following civil
rights authorities:
o Title VI of the Civil Rights Act of 1964;
o Section 109 of the Housing and Community
Development Act of 1974;
o Executive Order 11063 of November. 20, 1962
Equal Opportunity in Housing;
a The Age Discrimination Act of 1975; and
o Section 504 of the Rehabilitation Act of
1973.
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E. Conciliation
(1) During the period beginning with the filing
of the complaint and ending with the filing
of a charge or the dismissal of the
complaint by the Director/Commissioner, the
Agency will, to the extent feasible,
attempt to conciliate the complaint.
(2) In conciliating a complaint, the Agency
will attempt to get a just resolution of
the complaint and to obtain assurances that
the respondent will satisfactorily remedy
any violations of the rights of the
aggrieved person, and take such action as
will assure the elimination of the
discriminatory housing practices, or the
prevention of their occurrence in the
future.
(3) The terms of a conciliation agreement will
be reduced to writing. The agreement shall
seek to protect the interests of the
aggrieved person, other persons similarly
situated, and the public interest.
(4) Where the Department has notified the
Agency that a case is subject to concurrent
processing, the Agency agrees to include
language that states that the conciliation
agreement does not prohibit HUD from taking
further action against the respondent under
applicable rules and regulations of the
other civil rights authorities.
Further, the Agency also agrees not to
execute a conciliation agreement for cases
subject to concurrent processing unless HUD
concurs on the terms and conditions of that
agreement.
(5) The conciliation agreement must be signed
by the respondent, complainant and the
Director and/or Commissioner of the Agency.
(6) The Agency may end its efforts to
conciliate the complaint if the respondent
fails or refuses to confer with the Agency;
the aggrieved person/complainant or the
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respondent fails to make a good faith
effort to resolve the dispute; or, the
Agency determines that voluntary agreement
is not likely to result.
(7) The Agency agrees to make full disclosure
of all conciliation agreements to HUD.
F. Enforcement
(1) In appropriate cases, the Agency will use
its authority to seek prompt judicial
action. Upon the filing of a complaint,
the Agency promptly will seek appropriate
temporary or preliminary relief on behalf
of the aggrieved person consistent with the
law and seek the implementation of
appropriate sanctions and penalties-.
(2) In appropriate cases, the Agency will
exercise its authority to issue subpoenas, _
require the attendance of witnesses to give
testimony at depositions or hearings, and
the production of relevant books, papers,
documents, or tangible things. If a person
fails to comply with a subpoena issued by
the Agency, the Agency will enforce its
subpoena.
(3) Where a reasonable cause determination has
been made, the Agency must use its
authority to seek actual damages in an
administrative hearing, or arrange to have
adjudicated in court, at the Agency's
expense, the award of actual damages to the
aggrieved person. Such actual damages can
include damages caused by humiliation and
embarrassment.
(4) Where a reasonable cause determination is
made against a respondent, the Agency must
use its authority to seek appropriate
injunctive or other equitable relief in
administrative hearings, or to seek such
relief in a court of competent
jurisdiction.
(5) Where a reasonable cause determination is
made, the Agency must use 'its authority to
seek and assess appropriate civil penalties
against the respondent in administrative
proceedings or arrange to have adjudicated
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at Agency expense, the award of the
appropriate punitive damages against the
respondent.
(6) The Agency will make f iztal administrative
disposition of a complaint within one year
of the date of filing of a complaint unless
it is unable to do so. If the Agency is
unable to do so, it shall notify the
complainant, respondent, and the
Department, in writing, of the reason(s) .
G. Monitoring
The purpose of monitoring is to ensure timely,
complete, and quality case processing of each
dual-filed complaint, enforcement of complaint,
and provide appropriate technical assistance to
the Agency. Information obtained through
monitoring is used in part, for assessing the
overall performance of the Agency as required.
under 24 CFR Part 115.
(1) The Department will use the following
."milestones" in assessing progress of the
Agency in case processing. Failure by the
Agency to meet these milestones alert the
Department to the need to take further
action.
30th Day: Agency has commenced
investigation or conciliation.
75th Day: Agency has completed the
Final Investigative Report, if
conciliation is not completed.
100th Day: Agency has submitted to
the Department the final investigative
report, containing the names and dates
of contacts with witnesses, summary
and dates of correspondence and other
contact with the complainant and
respondent, a summary description of
other pertinent records, a summary of
witness statements, and answers to
interrogatories.
(2) After the 100th day, HUD must assess
whether the Agency is proceeding with
reasonable promptness. The Agency must
provide, in writing, to the Department the
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rationale and supporting documentation for
the delay and a reasonable projected date
of completion.
(3) The Agency's actions will be monitored to
ensure that subpoenas are sought and
enforced in all appropriate cases.
VIII. COMPLAINTS TO BE PROCESSED BY HUD
A. In no circumstance will HUD refer the following
complaints to the Agency under this interim
agreement:
(1) Secretary-initiated complaints;
(2) (a) Complaints involving a respondent who
has breached an executed and HUD approved
conciliation agreement; and
(b) If a complaint involving a breach of a
HUD-approved conciliation agreement is
first filed with the Agency, the Agency
shall immediately inform HUD, and transfer
the case to HUD for processing. Such a
complaint is not dual-filed, and the Agency
will not receive payment by HUD under the
Fair Housing Assistance Program.
When complaints are first received by the Agency that
involve complaints referenced herein, the Agency will
immediately inform HUD and have the complaint
transferred for HUD's processing. Such complaints
are not dual-filed. The Agency will not receive
payment under the Fair Housing Assistance Program.
B. HUD reserves the right not to refer the
following complaints to the Agency:
(1) Complaints that involve the legality of any
State or local zoning or other land use law
or ordinance where the complaint is first
received by HUD;
(2) Complaints that have been identified for
systemic processing because they involve
complex issues of fact or law or are
pervasive and institutional in nature; and
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. (3) Complaints for which HUD has reasonable
cause to believe that a person or group of
persons is engaged in a pattern or practice
of resistance to the rights granted under
the Fair Housing Act or that any person or
persons has been denied any of the rights
granted by the Act.
2X. TRAINING
In -recognition of the continuing need by both
signatories to train staff (investigators, conciliators,
attorneys, Commissioners, administrators, etc. ) , the
signatory parties agree to hold joint periodic training
conferences to develop uniform standards of performance by
both parties with respect to investigations and
conciliation of complaints. The signatories will share
responsibility for the preparation of training in
accordance with budgetary constraints. The Agency is
required to participate annually in HUD-sponsored training
at national and regional training sites.
X. RESEARCH ACTIVITY
The parties agree that from time to time they
jointly will undertake research in housing discrimination
and other forms of discrimination which may impact on
housing discrimination, as budgetary constraints permit.
XI. EDUCATIONAL ACTIVITY
The Agency agrees to coordinate its educational
activities with other governmental and non-governmental
entities that may be conducting fair housing education and
outreach projects in the Agency' s jurisdiction (for
example, other jurisdictions that are administering
substantially equivalent laws, or recipients of Fair
Housing Initiatives Program funding) .
XII. TECHNICAL ASSISTANCE
From time to time, the Agency agrees to accept
technical assistance and on-site performance review
visits from HUD. The need for such reviews will be
determined by HUD, but may be specifically requested by
the Agency and coordinated by both the Agency and HUD.
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Failure to implement technical assistance provided by HUD
will have a negative effect on the Assistant Secretary's
determination of continued certification.
XIII.COMPLAINT REPORTING RBQUIRSMEUT
Agencies entering into this interim agreement with
the Department will be required to have a complaint
reporting tracking system that interfaces with the HUD
national computer tracking system. Such tracking system
must be in place prior to an agency's receipt of
certification and requirements for data collection will be
specifically set out in the Memorandum of Understanding.
XIV. LIAISON
The signatories agree to name a specific individual,
as well as an alternate, to serve as the principal contact
person for each in all communications between them. The
individuals so designated are:
For the Department: Liaison
Alternate
For the Agency: Liaison
Alternate
XV. REVIEII OF AGREZKMT, D$F$RRAL OF SUBSTANTIAL
EQUIVALENCY D8T8RMIN]1TION, ZXTENSION AND
PUBLICATION
The signatories agree that they are entering into
this Agreement for Interim Referrals or Other Utilization
of Services with the understanding that the Department is
deferring final determination of certification of
substantial equivalency under 24 CPR 115 for such
reasonable period as the Department shall determine to be
necessary to permit fair assessment of the Agency's
performance. In no case will such period be more than
three years from the date all parties have signed this
Agreement. At a reasonable time, not more than one year
after the Assistant Secretary has signed -this interim
agreement, the Department shall assess the performance of
the Agency in accordance with the implementing
regulations.
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If the Agency does not comply with this interim
agreement, HUD reserves the right to cancel it. Further,
the proposed regulations, supplied for the Department's
review, must be adopted within 90 days from the date of
the Assistant Secretary's signature.
This interim agreement shall not be extended beyond
the date of certification or denial of certification.
Notice of entry into this interim agreement shall be
published in the Federal Register.
The Department will conduct an on-site review of the
Agency's administrative and judicial process and
performance under the OCCRO to determine whether in
operation, the Ordinance is in fact providing substan-
tially equivalent rights, procedures, remedies, and
judicial review in accordance with the standards of
performance set forth in 24 CFR 115.
XVI. EFFECTIVE DATE
This Agreement shall become effective immediately
following its signing by the Assistant Secretary for FHEO
and shall remain in effect no longer than three years from
the date of the Assistant Secretary's signature.
XVII. REQUESTS FOR INFORMATICK
The completed investigative file and conciliation
agreement, if applicable, shall be forwarded to the
Department on all dual-filed cases. The Agency should
refer all requests for information to the Department if
the Agency' s law will not permit disclosure of information
requested. The Department will release information,
subject to appropriate requests and according to relevant
law and procedures, on investigations, conciliations, or
orders on fair housing complaints after closure. This
includes all cases dual-filed with .the Department.
XVIII. MODIFICATIONS
Modifications to this Agreement do not lengthen the
period in which the Agency must secure certification. The
original date of the Assistant Secretary's signature
governs the onset of the three-year period.
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XIX.SIGNATRRBS
Executed by the undersigned on the dates shown
below, .pursuant to the respective authorizations of the
U.S. Department of Housing and Urban Development and the
Orange County Human Relations Commission.
Assistant Secretary for Fair Housing Date
and Equal Opportunity
Director, Fair Housing Enforcement Date
Center
Chair, Orange County Board of Date
Commissioners