Title 24--HOUSING AND URBAN DEVELOPMENT
Chapter I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY,


Subpart A_General Sec. 100.1 Authority. 100.5 Scope. 100.10 Exemptions. 100.20 Definitions. ...


(a) It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. No person shall be subjected...


(a) This part does not: (1) Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised...


The terms Department, Fair Housing Act, and Secretary are defined in 24 CFR part 5. Aggrieved person includes any person who-- (a) Claims to have...


Real estate practices prohibited. (a) This subpart provides the Department's interpretation of conduct that is unlawful housing discrimination under section 804...


Unlawful refusal to sell or rent or to negotiate for the sale or rental. (a) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who...


Discrimination in terms, conditions and privileges and in services and facilities. (a) It shall be unlawful, because of race, color, religion, sex, handicap,...


Other prohibited sale and rental conduct. (a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to restrict...


Discriminatory advertisements, statements and notices. (a) It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice,...


Discriminatory representations on the availability of dwellings. (a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or...


Blockbusting. (a) It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry...


Discrimination in the provision of brokerage services. (a) It shall be unlawful to deny any person access to or membership or participation in any multiple listing...


100.110 Discriminatory practices in residential real estate-related transactions. (a) This subpart provides the Department's interpretation of the...


100.115 Residential real estate-related transactions. The term residential real estate-related transactions means: (a) The making or purchasing of loans...


100.120 Discrimination in the making of loans and in the provision of other financial assistance. (a) It shall be unlawful for any person or entity whose...


100.125 Discrimination in the purchasing of loans. (a) It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or...


100.130 Discrimination in the terms and conditions for making available loans or other financial assistance. (a) It shall be unlawful for any person or entity...


100.135 Unlawful practices in the selling, brokering, or appraising of residential real property. (a) It shall be unlawful for any person or other entity...


100.140 General rules. (a) Voluntary self-testing and correction. The report or results of a self-test a lender voluntarily conducts or authorizes are...


100.141 Definitions. As used in this subpart: Lender means a person who engages in a residential real estate- related lending transaction. ...


100.142 Types of information. (a) The privilege under this subpart covers: (1) The report or results of the self-test; (2) Data or factual...


100.143 Appropriate corrective action. (a) The report or results of a self-test are privileged as provided in this subpart if the lender has taken or is...


100.144 Scope of privilege. The report or results of a self-test may not be obtained or used by an aggrieved person, complainant, department or agency in any: ...


100.145 Loss of privilege. (a) The self-test report or results are not privileged under this subpart if the lender or person with lawful access to the report...


100.146 Limited use of privileged information. Notwithstanding Sec. 100.145, the self-test report or results may be obtained [[Page...


100.147 Adjudication. An aggrieved person, complainant, department or agency that challenges a privilege asserted under Sec. 100.144 may seek a determination...


100.148 Effective date. The privilege under this subpart applies to self-tests conducted both before and after January 30, 1998, except that a...


100.200 Purpose. The purpose of this subpart is to effectuate sections 6 (a) and (b) and 15 of the Fair Housing Amendments Act...


100.201 Definitions. As used in this subpart: Accessible, when used with respect to the public and common use areas of a building containing...


100.202 General prohibitions against discrimination because of handicap. (a) It shall be unlawful to discriminate in the sale or rental, or to otherwise...


100.203 Reasonable modifications of existing premises. (a) It shall be unlawful for any person to refuse to permit, at the expense of a handicapped person,...


100.204 Reasonable accommodations. (a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services,...


100.205 Design and construction requirements. (a) Covered multifamily dwellings for first occupancy after March 13, 1991 shall be designed and constructed to have...


Purpose. The purpose of this subpart is to effectuate the exemption in the Fair Housing Amendments Act of 1988 that relates to housing for...


Exemption. (a) The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of Sec. Sec. 100.302, 100.303 or...


State and Federal elderly housing programs. The provisions regarding familial status in this part shall not apply to housing provided under any Federal or State program...


62 or over housing. (a) The provisions regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age...


Housing for persons who are 55 years of age or older. (a) The provisions regarding familial status in this part shall not apply to [[Page...


80 percent occupancy. (a) In order for a housing facility or community to qualify as housing for older persons under Sec. 100.304, at least 80 percent of its...


Intent to operate as housing designed for persons who are 55 years of age or older. (a) In order for a housing facility or community to qualify as housing designed...


Verification of occupancy. (a) In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce,...


Good faith defense against civil money damages. (a) A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if...


Prohibited interference, coercion or intimidation. (a) This subpart provides the Department's interpretation of the conduct that is unlawful under section 818 of...


Subpart A_Purpose and Definitions Sec. 103.1 Purpose and applicability. 103.5 Other civil rights...


In addition to the Fair Housing Act, other civil rights authorities may be applicable in a particular case. Thus, where a person charged with a...


The terms Fair Housing Act, General Counsel, and HUD are defined in 24 CFR part 5. Aggrieved person includes any person who: (a) Claims to have been injured by...


is discriminating against me in the sale, rental, finance, or advertisement of housing? You can notify HUD if you believe there has been...


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. [64 FR 18540,...


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...


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...


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...


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...


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)...


Notification and referral to substantially equivalent State or local agencies. (a) Whenever a complaint alleges a discriminatory housing practice that is within...


Cessation of action on referred complaints. A referral under Sec. 103.100 does not prohibit the Assistant Secretary from taking appropriate action to review or...


Reactivation of referred complaints. The Assistant Secretary may reactivate a complaint referred under Sec. 103.100 for processing by HUD if: (a) The...


Notification upon reactivation. (a) Whenever a complaint referred to a State or local fair housing agency under Sec. 103.100 is reactivated under Sec. 103.110, the...


(a) Upon the filing of a complaint under Sec. 103.40, the Assistant Secretary will initiate an investigation. The purposes of an investigation are: (1)...


notice on aggrieved person. Upon the filing of a complaint, the Assistant Secretary will notify, by certified mail or personal service, each aggrieved person on whose...


respondent; joinder of additional or substitute respondents. (a) Within ten days of the filing of a complaint under Sec. 103.40 or the filing of an amended complaint...


(a) The respondent may file an answer not later than ten days after receipt of the notice described in Sec. 103.50. The respondent may assert any defense that might...


compliance reviews. (a) The Assistant Secretary may conduct an investigation and file a complaint under this subpart based on information that one or more...


Where the Assistant Secretary determines that the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature, or that...


(a) In conducting investigations under this part, the Assistant Secretary will seek the voluntary cooperation of all persons to obtain access to...


Federal, State and local agencies. The Assistant Secretary, in processing Fair Housing Act complaints, may seek the cooperation and utilize the services of Federal, State...


The investigation will remain open until a determination is made under Sec. 103.400, or a conciliation agreement is executed and approved under Sec....


(a) At the end of each investigation under this part, the Assistant Secretary will prepare a final investigative report. The investigative report...


(a) 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 General Counsel or...


(a) The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests...


aggrieved persons. (a) The following types of relief may be sought for aggrieved persons in conciliation: (1) Monetary relief in the form of damages,...


the public interest. The following are types of provisions may be sought for the vindication of the public interest: (a) Elimination of discriminatory...


conciliation efforts. (a) HUD may terminate its efforts to conciliate the complaint if the respondent fails or refuses to confer with HUD; the aggrieved person or...


requirements with respect to disclosure of information obtained during conciliation. (a) Except as provided in paragraph (b) of this section and Sec. 103.230(c),...


conciliation agreements. HUD may, from time to time, review compliance with the terms of any conciliation agreement. Whenever HUD has reasonable cause to...


determination. (a) If a conciliation agreement under Sec. 103.310 has not been executed by the complainant and the respondent and approved by the...


(a) A charge: (1) Shall consist of a short and plain written statement of the facts upon which the Assistant Secretary has found reasonable cause to believe that...


or provision of administrative proceeding. (a) If a charge is issued under Sec. 103.405, a complainant (including the Assistant Secretary, if HUD filed...


(a) If at any time following the filing of a complaint, the General Counsel concludes that prompt judicial action is necessary to carry out...


In addition to the actions described in Sec. 103.500, HUD may pursue one or more of the following courses of action: (a) Refer the matter to the Attorney General...


In accordance with section 808 (d) and (e) of the Fair Housing Act and Executive Order No. 12259, other Federal agencies, including any agency having regulatory...


Relation to other authorities. 107.15 Definitions. 107.20 Prohibition against discriminatory practices. 107.21 Prevention of...


(a) Where allegations of discrimination on the grounds of race, color, or national origin are made in a program or activity of Federal financial assistance of the...


(a) Department and Secretary are defined in 24 CFR part 5. (b) State means each of the fifty states, the District of Columbia, the Commonwealths of Puerto Rico and the...


(a) No person receiving assistance from or participating in any program or activity of the Department involving housing and related facilities shall engage...


All persons receiving assistance from, or participating in any program or activity of the Department involving housing and related facilities shall take all...


(a) The following documents shall contain provisions or statements requiring compliance with E.O. 11063 and this part: (1) Contracts, grants and agreements...


(a) All persons receiving assistance through any program or activity of the Department involving the provision of housing and related activities subject to Executive...


Assistant Secretary for FH&EO, or designee, shall conduct such compliance reviews, investigations, inquiries, and informal meetings as may be necessary to effect compliance with...


(a) Where preliminary analysis of a complaint, a compliance review initiated by the Assistant Secretary for FH&EO, or other information indicates a possible violation of...


(a) Attempts to resolve and remedy matters found in a complaint investigation or a compliance review shall be made through the methods of conference, conciliation,...


(a) Compliance reviews shall be conducted by the Director of the Office of Regional FH&EO or a designee. Complaints alleging a violation(s) of this part or information...


(a) A finding of noncompliance shall be made when the facts disclosed during an investigation or compliance review, or other information, indicate a failure to comply with...


(a) Following completion of efforts under this part, the Director of the Office of Regional FH&EO or a designee shall prepare a compliance report promptly and the Assistant...


(a) Failure or refusal to comply with E.O. 11063 or the requirements of this part shall be proper basis for applying sanctions. Violations of title VIII of the Civil...


If the results of a complaint investigation or a compliance review demonstrate that any person, or specified class of persons, has violated E.O. 11063 or this part,...


and application. 108.5 Authority. 108.15 Pre-occupancy conference. 108.20 Monitoring office responsibility for monitoring plans and ...


are issued pursuant to the authority to issue regulations granted to the Secretary by section 7(d) of the Department of Housing and Urban Development Act of 1965, 42...


submit a Notification of Intent to Begin Marketing to the monitoring office no later than 90 days prior to engaging in sales or rental marketing activities. Upon receipt of...


and reports. (a) Submission of documentation. Pursuant to initiation of marketing, the applicant shall submit to the monitoring office reports documenting...


The civil rights/compliance reviewing office shall be responsible for determining whether an applicant's actions are in apparent compliance with...


If an applicant fails to comply with requirements under Sec. 108.15 or Sec. 108.20 or it appears that the goals of the AFHM plan may not be achieved, or that...


public entities may file complaints alleging violations of the AFHM regulations or an approved AFHM plan with any monitoring office, civil rights/compliance reviewing office,...


compliance reviews shall be conducted by the civil rights/compliance reviewing office. Complaints alleging a violation(s) of the AFHM regulations, or information ascertained in...


a report shall be prepared promptly and the Assistant Secretary for FH&EO shall make a finding of compliance or noncompliance. If it is found that the applicant is...


with the requirements of these regulations, the AFHM regulations, or an AFHM plan will make themselves liable to sanctions authorized by law, regulations, agreements, rules,...


Subpart A_Purpose and Definitions Sec. 110.1 Purpose. 110.5 Definitions. Subpart B_Requirements for Display of...


terms Department and Secretary are defined in 24 CFR part 5. (b) Discriminatory housing practice means an act that is unlawful under section 804, 805, 806, or 818 of the Act. ...


(a) Except to the extent that paragraph (b) of this section applies, all persons subject to section 804 of the Act, Discrimination in the Sale or Rental of Housing...


All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential...


All persons subject to this part may obtain fair housing posters from the Department's regional and area offices. A facsimile may be used if the poster and the lettering...


(a) The fair housing poster shall be 11 inches by 14 inches and shall bear the following legend: [GRAPHIC] [TIFF OMITTED] TC12OC91.008 ...


Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the Secretary pursuant to part 105 of this chapter. A...


115.100 Definitions. Subpart A_General Sec. 115.100 Definitions. 115.101 Program...


115.101 Program administration. (a) Authority and responsibility. The Secretary has delegated the authority and responsibility for administering this part...


115.102 Public notices. (a) Periodically, the Assistant Secretary will publish the following public notices in the Federal Register: (1) A list of...


Agencies Sec. 115.200 Purpose. This subpart implements section 810(f) of the Fair Housing Act. The purpose of this subpart is to set forth: ...


Agencies Sec. 115.201 Basis of determination. A determination to certify an agency as substantially equivalent involves a two-phase procedure....


Agencies Sec. 115.202 Criteria for adequacy of law. (a) In order for a determination to be made that a State or local fair housing...


Agencies Sec. 115.203 Performance standards. A state or local fair housing enforcement agency must meet all of the performance standards listed...


Agencies Sec. 115.204 Consequences of certification. (a) Whenever a complaint received by the Assistant Secretary alleges violations of a state or...


Agencies Sec. 115.205 Technical assistance. (a) The Assistant Secretary, through its FHEO Field Office, may provide technical assistance to...


Agencies Sec. 115.206 Request for certification. (a) A request for certification under this subpart shall be filed with the Assistant Secretary by...


Agencies Sec. 115.207 Procedure for interim certification. (a) Upon receipt of a request for certification filed under Sec. 115.206, the...


Agencies Sec. 115.208 Suspension of interim certification. (a) Suspension based on changes in the law. (1) The Assistant Secretary may suspend...


Agencies Sec. 115.209 Denial of interim certification. (a) If the Assistant Secretary determines, after application of the criteria set forth...


Agencies Sec. 115.210 Procedure for certification. (a) Certification. (1) If the Assistant Secretary determines, after application of the criteria...


Agencies Sec. 115.211 Suspension of certification. (a) Suspension based on changes in the law. (1) The Assistant Secretary may suspend the...


Agencies Sec. 115.212 Withdrawal of certification. (a) If the Assistant Secretary finds, as a result of a review undertaken in accordance with...


(FHAP) Sec. 115.300 Purpose. The purpose of the Fair Housing Assistance Program (FHAP) is to provide assistance to State and local fair...


(FHAP) Sec. 115.301 Agency eligibility criteria. Any agency with certification or interim certification under subpart A of this part, and which has...


(FHAP) Sec. 115.302 Capacity building funds. (a) Capacity building (CB) funds are funds that HUD may provide to an agency with interim certification...


(FHAP) Sec. 115.303 Eligible activities for capacity building funds. The primary purposes of capacity building funding is to provide for...


(FHAP) Sec. 115.304 Agencies eligible for contributions funds. (a) An agency that has received CB funds for three consecutive years is eligible...


(FHAP) Sec. 115.305 Special enforcement effort (SEE) funds. (a) SEE funds are funds that HUD will provide to an agency to enhance enforcement activities...


(FHAP) Sec. 115.306 Training funds. (a) All agencies are eligible to receive training funds. Training funds are fixed amounts based on the number of...


(FHAP) Sec. 115.307 Additional requirements for participation in the FHAP. (a) Agencies which participate in the FHAP must: (1) Conform to...


(FHAP) Sec. 115.308 Standards for FHAP program review. HUD will conduct reviews of the agency's cooperative agreement implementation. This review will...


(FHAP) Sec. 115.309 Reporting and recordkeeping requirements. (a) The agency shall establish and maintain records demonstrating: (1) Its...


(FHAP) Sec. 115.310 Subcontracting under the FHAP. If an agency subcontracts to a public or private agency any activity for which the subcontractor...


(FHAP) Sec. 115.311 Corrective and remedial action. (a) If HUD makes a preliminary determination that an agency has not complied with Sec. 115.309,...


Authority: Title VIII, Civil Rights Act of 1968 (42 U.S.C. 3600- 3620); E.O. 11063, 27 FR 11527; sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d-1); sec....


the Department shall furnish to the Department such data concerning the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons...


administration. 125.105 Application requirements. 125.106 Waivers. 125.107 Testers. 125.201 Administrative Enforcement Initiative. 125.301 Education and...


(b) FHIP funding is made available under the following initiatives: (1) The Administrative Enforcement Initiative; (2) The Education and...


must contain the following information, which will be assessed against the specific selection criteria set forth in a Notice of Funding Availability. (a) A description of...


waive, in a published Notice of Funding Availability or other Federal Register notice, any requirement in this part that is not required...


under the FHIP: (a) Testers must not have prior felony convictions or convictions of crimes involving fraud or perjury. (b) Testers must receive training or...


provides funding to State and local fair housing agencies administering fair housing laws recognized by the Assistant Secretary under Sec. 115.6 of this subchapter...


provides funding for the purpose of developing, implementing, carrying out, or coordinating education and outreach programs designed to inform members of the...


funding on a single- year or multi-year basis, to investigate violations and obtain enforcement of the rights granted under the Fair Housing Act or State or local...


Initiative of the FHIP provides funding [[Page 707]] to develop or expand the ability of existing eligible organizations to provide fair housing...


Purpose. Subpart A_General Provisions Sec. 135.1 Purpose. 135.2 Effective date of regulation. 135.3...


Effective date of regulation. The regulations of this part will remain in effect until the date the final rule adopting the regulations of this part with or...


Applicability. (a) Section 3 covered assistance. Section 3 applies to the following HUD assistance (section 3 covered assistance): (1) Public and...


Definitions. The terms Department, HUD, Indian housing authority (IHA), Public housing agency (PHA), and Secretary are defined in 24 CFR part 5. ...


Delegation of authority. Except as may be otherwise provided in this part, the functions and responsibilities of the Secretary under section 3, and described in...


Requirements applicable to HUD NOFAs for section 3 covered programs. (a) Certification of compliance with part 135. All notices of funding availability...


135.11 Other laws governing training, employment, and contracting. Other laws and requirements that are applicable or may be applicable to the economic...


Section 3 Business Concerns Sec. 135.30 Numerical goals for meeting the greatest extent feasible requirement. (a) General....


Section 3 Business Concerns Sec. 135.32 Responsibilities of the recipient. Each recipient has the responsibility to comply with...


Section 3 Business Concerns Sec. 135.34 Preference for section 3 residents in training and employment opportunities. (a) Order...


Section 3 Business Concerns Sec. 135.36 Preference for section 3 business concerns in contracting opportunities. (a) Order...


3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause...


Section 3 Business Concerns Sec. 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of...


135.70 General. (a) Purpose. The purpose of this subpart is to establish the procedures for handling complaints alleging noncompliance with the...


135.72 Cooperation in achieving compliance. (a) The Assistant Secretary recognizes that the success of ensuring that section 3 residents and section 3...


135.74 Section 3 compliance review procedures. (a) Compliance reviews by Assistant Secretary. The Assistant Secretary shall periodically conduct section 3...


135.76 Filing and processing complaints. (a) Who may file a complaint. The following individuals and business concerns may, personally or through an...


135.90 Reporting. Each recipient which receives directly from HUD financial assistance that is subject to the requirements of this part shall submit to...


135.92 Recordkeeping and access to records. HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained...


Subpart A_General Sec. 146.1 Purpose of the Age Discrimination Act of 1975. Subpart A_General Sec. 146.1...


Subpart A_General Sec. 146.3 Purpose of HUD's age discrimination regulation. The purpose of this part is to state HUD's policies and procedures under...


Subpart A_General Sec. 146.5 Applicability of part. This part applies to each program or activity that receives Federal financial assistance provided...


Subpart A_General Sec. 146.7 Definitions. The terms HUD and Secretary are defined in 24 CFR part 5. Act means the Age Discrimination Act of 1975,...


for Determining Age Discrimination Sec. 146.11 Scope of subpart. This subpart contains the standards that HUD will use to determine whether an...


B_Standards for Determining Age Discrimination Sec. 146.13 Rules against age discrimination. (a) The rules stated in this paragraph are limited by the...


Subpart C_Duties of HUD Recipients Sec. 146.21 General responsibilities. Each recipient has primary responsibility to ensure that its programs and...


Subpart C_Duties of HUD Recipients Sec. 146.23 Notice of subrecipients. Whenever a recipient passes Federal financial assistance from HUD to subrecipients,...


Subpart C_Duties of HUD Recipients Sec. 146.25 Assurance of compliance and recipient assessment of age distinctions. (a) Each recipient of Federal...


Subpart C_Duties of HUD Recipients Sec. 146.27 Information requirements. In order to make it possible for HUD to determine whether recipients are in compliance...


Settlement, and Enforcement Procedures Sec. 146.31 Compliance reviews. (a) HUD may conduct pre-award reviews to determine whether programs...


Settlement, and Enforcement Procedures Sec. 146.33 Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file...


Settlement, and Enforcement Procedures Sec. 146.35 Mediation. (a) HUD shall refer to the Federal Mediation and Conciliation Service, a...


Settlement, and Enforcement Procedures Sec. 146.37 Investigation. (a) Investigation and settlement following mediation. (1) HUD shall...


Settlement, and Enforcement Procedures Sec. 146.39 Enforcement procedures. (a) HUD may enforce the Act this regulation by: (1) Termination of...


Settlement, and Enforcement Procedures Sec. 146.41 Prohibition against intimidation or retaliation. A recipient may not engage in acts of intimidation...


Settlement, and Enforcement Procedures Sec. 146.43 Hearings, decisions, post-termination proceedings. The provisions of 24 CFR part 180 apply to...


Settlement, and Enforcement Procedures Sec. 146.45 Exhaustion of administrative remedies. (a) A complainant may file a civil action following the...


Settlement, and Enforcement Procedures Sec. 146.47 Remedial and affirmative action by recipients. (a) Where the Secretary finds that a recipient...


Settlement, and Enforcement Procedures Sec. 146.49 Alternate funds disbursal procedure. (a) Except as otherwise provided in this paragraph and to the...


180.100 Definitions. Subpart A_General Information Sec. 180.100 Definitions. 180.105 Scope of rules. ...


180.105 Scope of rules. (a) This part contains the rules of practice and procedure applicable to administrative proceedings before an ALJ under the...


180.200 Designation. Proceedings under this part shall be presided over by an ALJ appointed under 5 U.S.C. 3105. HUD's Chief ALJ shall designate the...


180.205 Authority. The ALJ shall have all powers necessary to conduct fair, expeditious and impartial hearings, including the power to: (a) Administer oaths...


180.210 Withdrawal or disqualification of ALJ. (a) Disqualification. If an ALJ finds that there is a basis for his/ her disqualification in a proceeding, the ALJ...


180.215 Ex parte communications. (a) An ex parte communication is any direct or indirect communication concerning the merits of a pending proceeding, made by...


180.220 Separation of functions. No officer, employee, or agent of the Federal Government engaged in the performance of investigative, conciliatory, or...


Rights of parties. Each party may appear in person, be represented by counsel, examine or cross-examine witnesses, introduce documentary or other...


Representation. (a) HUD is represented by the General Counsel. (b) Any party may appear on his/her/its own behalf or by an attorney. Each party or attorney...


Parties. (a) Parties to proceedings under this part are HUD, the respondent(s), and any intervenors. Respondents include persons named as such in a charge...


Standards of conduct. (a) All persons appearing in proceedings under this part shall act with integrity and in an ethical manner. [[Page 737]] ...


180.400 Service and filing. (a) Service--(1) Service by the Office of ALJs. The Office of ALJs shall serve all notices, orders, decisions and other such...


180.405 Time computations. (a) In computing time under this part, the time period begins the day following the act, event, or default and includes the last day...


180.410 Charges under the Fair Housing Act. (a) Filing and service. Within three days after the issuance of a charge, the General Counsel shall file the charge...


180.415 Notice of proposed adverse action regarding Federal financial assistance in non-Fair Housing Act matters. (a) Filing and service. Within 10 days after...


180.420 Answer. (a) Within 30 days after service of the charge or notice of proposed adverse action, a respondent may file an answer. The answer...


180.425 Amendments to pleadings. (a) By right. HUD may amend the charge or notice of proposed adverse action once as a matter of right prior to the filing of...


180.430 Motions. (a) Motions. Any application for an order or other request shall be made by a motion which, unless made during an appearance before the...


180.435 Prehearing statements. (a) Before the commencement of the hearing, the ALJ may direct the parties to file prehearing statements. (b) The...


180.440 Prehearing conferences. (a) Before the commencement of or during the course of the hearing, the ALJ may direct the parties to participate in a conference...


180.445 Settlement negotiations before a settlement judge. (a) Appointment of settlement judge. The ALJ, upon the motion of a party or upon his or her own motion,...


180.450 Resolution of charge or notice of proposed adverse action. At any time before a final decision is issued, the parties may submit to the ALJ an...


Discovery. (a) In general. This subpart governs discovery in aid of administrative proceedings under this part. Discovery in Fair Housing Act matters shall...


Supplementation of responses. A party is under a duty, in a timely fashion, to: (a) Supplement a response with respect to any question directly...


Interrogatories. (a) Any party may serve on any other party written interrogatories to be answered by the party served. If the party served is a public...


Depositions. (a) Notice. Upon written notice to the witness and to all other parties, a party may take the testimony of a witness by deposition and may request...


Use of deposition at hearings. (a) In general. At the hearing, any part or all of a deposition, so far as admissible under the Federal Rules...


Requests for production of documents or things for inspection or other purposes, including physical and mental examinations. (a) Any party may serve...


Requests for admissions. (a) Any party may serve on any other party a written request for the admission of the truth of any matters relevant to the adjudication...


Protective orders. (a) Upon motion of a party or a person from whom discovery is sought or in accordance with Sec. 180.540(c), and for good cause shown,...


Motion to compel discovery. (a) If a deponent fails to answer a question propounded, or a party upon whom a discovery request has been made fails to respond...


Subpoenas. (a) This section governs the issuance of subpoenas in administrative proceedings under the Fair Housing Act. Except for time periods stated in...


180.600 Date and place of hearing. (a) For Fair Housing Act Cases--(1) Time. The hearing shall commence not later than 120 days after the issuance of the...


[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR180.605] [Page 746] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 180_CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS --Table of Contents Subpart F_Procedures at Hearing Sec. 180.605 Conduct of hearings. The hearing shall be conducted in accordance with the Administrative Procedure Act (5 U.S.C. 551-559). ...


180.610 Waiver of right to appear. If all parties waive their right to appear before the ALJ, the ALJ need not conduct an oral hearing. Such waivers shall be in...


180.615 Failure of party to appear. A default decision may be entered against a party failing to appear at a hearing unless such party shows good cause for...


180.620 Evidence. The Federal Rules of Evidence apply to the presentation of evidence in hearings under this...


180.625 Record of hearing. (a) All oral hearings shall be recorded and transcribed by a reporter designated and supervised by the ALJ. The original transcript...


180.630 Stipulations. The parties may stipulate to any pertinent facts by oral agreement at the hearing or by written agreement at any time. Stipulations may...


180.635 Written testimony. The ALJ may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by...


180.640 In camera and protective orders. The ALJ may limit discovery or the introduction of evidence, or may issue such protective or other orders necessary to...


180.645 Exhibits. (a) Identification. All exhibits offered into evidence shall be numbered sequentially and marked with a designation identifying the sponsor....


180.650 Public document items. Whenever a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued...


180.655 Witnesses. (a) Witnesses shall testify under oath or affirmation. (b) If a witness fails or refuses to testify, the failure or refusal to answer...


180.660 Closing of record. (a) Oral hearings. Where there is an oral hearing, the hearing ends on the day of the adjournment of the oral hearing or, where...


180.665 Arguments and briefs. (a) Following the submission of evidence at an oral hearing, the parties may file a brief, proposed findings of fact and conclusions...


180.670 Initial decision of ALJ. (a) The ALJ shall issue an initial decision including findings of fact and conclusions of law upon each material issue of fact or...


180.671 Assessing civil penalties for Fair Housing Act cases. (a) Amounts. The ALJ may assess a civil penalty against any respondent under Sec. 180.670(b)(3) for...


180.675 Petitions for review. (a) The Secretary may affirm, modify or set aside, in whole or in part, the initial decision, or remand the initial decision for...


180.680 Final decisions. (a) Public disclosure. HUD shall make public disclosure of each final decision. (b) Where initial decision does not provide...


Sec. 180.700 Action upon issuance of a final decision in Fair Housing Act cases. (a) Licensed or regulated businesses. (1) If a final decision...


180.705 Attorney's fees and costs. Following the issuance of the final decision, any prevailing party, except HUD, may apply for attorney's fees and costs....


180.710 Judicial review of final decision. (a) Any party adversely affected by a final decision may file a petition in the appropriate United States Court...


Sec. 180.715 Enforcement of final decision. (a) Enforcement by HUD. Following the issuance of a final decision, the General Counsel may petition the...


Sec. 180.800 Post-termination proceedings. (a) A respondent adversely affected by the order terminating, discontinuing, or refusing Federal...


Sec. 180.805 Judicial review of final decision. A termination of or refusal to grant or to continue Federal financial assistance is subject to judicial...




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