Department of Housing and Urban Development

1 Federal register70981 TuesdayDecember 22, 1998 Part VDepartment ofHousing and UrbanDevelopmentFair Housing enforcement OccupancyStandards; Statement of Policy; Notice;Republication70982 Federal Register/ Vol. 63, No. 245/ Tuesday, December 22, 1998/ NoticesDEPARTMENT OF Housing ANDURBAN Development [Docket No. FR 4405 N 01] fair Housing enforcement Occupancy Standards; Notice ofStatement of PolicyNote: This document, FR Doc. 98 33568,was originally published on December 18,1998 at 63 FR 70256 70257. It is beingrepublished to reproduce the camera copy ofthe appendix furnished by the : Office of the AssistantSecretary for fair Housing and EqualOpportunity, : Notice of Statement of : This statement of policyadvises the public of the factors thatHUD will consider when evaluating ahousing provider s occupancy policiesto determine whether actions under theprovider s policies may constitutediscriminatory conduct under the FairHousing Act on the basis of familialstatus (the presence of children in afamily).

2 Publication of this notice meetsthe requirements of the Quality Housingand Work Responsibility Act of : Effective date: December 18, INFORMATION CONTACT: SaraPratt, Director, Office of Investigations,Office of fair Housing and EqualOpportunity, Room 5204, 451 SeventhStreet, SW, Washington, DC 20410,telephone (202) 708 2290 (not a toll-freenumber). For hearing- and speech-impaired persons, this telephonenumber may be accessed via TTY (texttelephone) by calling the FederalInformation Relay Service at 1 800 877 8339 (toll-free).

3 SUPPLEMENTARY INFORMATION:Statutory and Regulatory BackgroundSection 589 of the Quality Housingand Work Responsibility Act of 1998(Pub. L. 105 276, 112 Stat. 2461,approved October 21, 1998, QHWRA )requires HUD to publish a notice in theFederal Register that advises the publicof the occupancy standards that HUDuses for enforcement purposes underthe fair Housing Act (42 3601 3619). Section 589 requires HUD topublish this notice within 60 days ofenactment of the QHWRA, and statesthat the notice will be effective uponpublication.

4 Specifically, section 589states, in relevant part, that:[T]he specific and unmodified standardsprovided in the March 20, 1991,Memorandum from the General Counsel of[HUD] to all Regional Counsel shall be thepolicy of [HUD] with respect to complaintsof discrimination under the fair Housing Act* ** on the basis of familial status whichinvolve an occupancy standard establishedby a Housing fair Housing Act prohibitsdiscrimination in any aspect of the sale,rental, financing or advertising ofdwellings on the basis of race, color,religion, national origin, sex or familialstatus (the presence of children in thefamily).

5 The fair Housing Act alsoprovides that nothing in the Act limitsthe applicability of any reasonable local,State or Federal restrictions regardingthe maximum number of occupantspermitted to occupy a dwelling. TheFair Housing Act gave HUDresponsibility for implementation andenforcement of the Act s fair Housing Act authorizes HUD toreceive complaints allegingdiscrimination in violation of the Act, toinvestigate these complaints, and toengage in efforts to resolve informallymatters raised in the complaint. In caseswhere the complaint is not resolved, theFair Housing Act authorizes HUD tomake a determination of whether or notthere is reasonable cause to believe thatdiscrimination has occurred.

6 HUD sregulations, implementing the FairHousing Act (42 3614) are foundin 24 CFR part 1991, HUD s General Counsel,Frank Keating, determined that someconfusion existed because of theabsence of more detailed guidanceregarding what occupancy restrictionsare reasonable under the Act. Toaddress this confusion, General CounselKeating issued internal guidance toHUD Regional Counsel on factors thatthey should consider when examiningcomplaints filed with HUD under theFair Housing Act, to determine whetheror not there is reasonable cause tobelieve discrimination has NoticeThrough this notice HUD implementssection 589 of the QHWRA by adoptingas its policy on occupancy standards,for purposes of enforcement actionsunder the fair Housing Act.

7 Thestandards provided in the Memorandumof General Counsel Frank Keating toRegional Counsel dated March 20, 1991,attached as Appendix : 42 3535(d), 112 : December 14, M. Plaza,Assistant Secretary for fair Housing andEqual CODE 4210 28 P70983 Federal Register/ Vol. 63, No. 245/ Tuesday, December 22, 1998/ Notices70984 Federal Register/ Vol. 63, No. 245/ Tuesday, December 22, 1998/ Notices70985 Federal Register/ Vol. 63, No. 245/ Tuesday, December 22, 1998/ Notices70986 Federal Register/ Vol.

8 63, No. 245/ Tuesday, December 22, 1998/ Notices70987 Federal Register/ Vol. 63, No. 245/ Tuesday, December 22, 1998/ Notices[FR Doc. 98 33568 Filed 12 17 98; 8:45 am]BILLING CODE BILLING CODE 4210 28 C