Memorandum of Understanding1•
R 15: Fair Housing Complaints/HUD
* * o U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
•Tb:` WASHINGTON, D.C. 20410-2000 — —----------
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OFFICE OF THE ASSISTANT SECRETARY
FOR PAR HOUSING AND EQUALOPFORTUNTIY FEB 2 6 2002
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Ms. Kaye J. Crawford
Executive Director
Salina Human Relations Department
300 West Ash
Salina, KS 67402-0736
Dear Ms. Crawford:
I am writing to you regarding the U.S. Department of Housing and Urban Development's
process for providing your agency with anupdated Memorandum of Understanding.
The federal Fair Housing Act, at Section 810(f)(5), requires that "Not less frequently than
every 5 years, the Secretary shall determine whether each agency certified under this subsection
continues to qualify for certification." The implementing regulation, at 24 C.F.R. Section
115.210(c), states that "If the Assistant Secretary affirmatively concludes that the agency's law
and performance have complied with the requirements of this part in each of the five years, the
Assistant Secretary may offer the agency an updated Memorandum of Understanding."
The Salina Human Relations Department (SHRD) was certified as substantially
equivalent over five years ago. Therefore, the Department is determining whether the SHRD's
law and performance have complied with the requirements of 24 C.F.R. Part 115 during that
period. The determination will be based on performance assessments of SHRD conducted by the
Department during the last five years or more. The determination will also be based on SHRD's
own certification of its performance and the continued substantial equivalency of its fair housing
law. To this end, enclosed is an Agency Certification.
If your agency can certify to the accuracy of the items enumerated on the Certification,
please sign the Certification and fax it to (202) 708-4445, attention Lauretta A. Dixon, within
two weeks of the date on this letter. In addition to faxing the. certification, please mail the
original, signed certification within the same time period to:
Lauretta A. Dixon
Director, FHIP/FHAP Support Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 Seventh Street, SW, Room 5230
Washington, DC 20410
! 15: Fair Housing Complaints/HUD
If you have any questions or if there has been a change to SHRD's fair housing law and
you are unsure whether the change jeopardizes substantial equivalency status, please contact
Kenneth J. Carroll at (202) 708-2215, extension 7407 or me at extension 7051.
Sincerely,
CLa etta A. Dixon
Director
FHIP/FHAP Support Division
Enclosure
cc: Robbie Herndon, Director, FHEO, Great Plains Office
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AGENCY CERTIFICATION
In accordance with 24 C.F.R. Part 115 and 42 U.S.C. §§ 3610(f) governing the
substantial equivalency of state and local fair housing laws, the Salina Human Relations
Department (SHRD) certifies that:
1. The SHRD has complied with the requirements of 24 C.F.R. Part 115 in each
of the five years or more of certification.
2. The SHRD has engaged in timely, comprehensive and thorough fair housing
complaint investigation, conciliation and enforcement activities in accordance
with 24 C.F.R. § 115.203 and the Memorandum of Understanding between
the Office of Fair Housing and Equal Opportunity and the SHRD,
Dated August 22, 1995.
3. Since August 22, 1995 and in compliance with 24 C.F.R. § 115.202, Chapter
13 of the City of Salina Code (Salina Code), both "on its face" and "in
operation," has provided substantive rights, procedures, remedies, and judicial
review procedures for alleged discriminatory housing practices that are
substantially equivalent to those provided in the Fair Housing Act, 42 U.S.C.
§§ 3601-3619.
4. Since August 22, 1995, the City of Salina, Kansas has not limited the
effectiveness of the Salina Code through amendment, adoption of rules or
procedures; or issuance of judicial or other authoritative interpretations.
Kaye J. Crawford Ezecutive�Director
Printed Name of Authorized Official Title of Authorized Official
a-
Date
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE
SALINA HUMAN RELATIONS DEPARTMENT
I. PURPOSES
The purposes of this Memorandum of Understanding
(MOU) are to:
provide for referral of fair housing complaints
between the U.S. Department of Housing and Urban
Development ("the Department") and the Salina Human
• Relations Department ("the Agency" or "SHRD"),
to set forth the terms and conditions upon which such
referrals will be made;
define the terms and conditions upon which the
services and employees of the Department may be used
by the Agency;
define the terms and conditions upon which the
services and employees of the Agency may be used by
the Department; and,
establish procedures for communication between the
parties to this MOU that permit the Department to
monitor and evaluate the Agency's administration and
enforcement of its fair housing law for 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 115.4).
15_ Fair Housing Complaints/HUD
• II. AUTHORITY
The Department is responsible for the administration
of the Fair Housing Act (42 U.S.C. 3601-3619) and the
implementing regulations at 24 CFR Part 100 et seq.
The Agency is responsible for the administration and
enforcement of the Chayter 13 of the City of Salina Code
(Salina Code) as interpreted, implemented, explained or
otherwise effected by Regulation, Rule, Directive, Chief
Legal Officer or Formal Opinion of the State Attorney
General of the Jurisdiction.
The Assistant Secretary for Fair Housing and Equal
Opportunity, in applying the criteria set forth in 24 CFR
Part 115 has determined that the:
fair housing law administered by the Agency provides
rights; procedures, remedies, and judicial review for
alleged discriminatory housing practices that are
substantially equivalent to those provided in the
Fair Housing Act; and
current practices and past performance of the Agency
demonstrate that, in operation, the Salina Code
provides rights, procedures, remedies and
• availability of judicial review that are
substantially equivalent to those provided in the
Fair Housing Act.
III. DEFINITIONS
As used in this MOU:
A. "Agency" or "SHRD " means the Salina Human
Relations Department
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. "Case file" means a record which is constantly
updated and modified to reflect each step of
intake and investigation. The case file is
comprised of the following four parts:
•
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• 3
Final Investigative Report (FIR) - summarizes
all of the personal and telephonic contacts and
the records associated with the investigation;
Evidentiary Section - contains the interview
reports and documentary evidence from which the
FIR is developed;
Deliberative Section - contains documents which
are strictly for internal use. This section
will also contain the names of anonymous
witnesses, the investigative plan, and
information on the conciliation demands of each
party to the complaint. The investigator's
handwritten, contemporaneous interview notes
belong in the Deliberative Section.
Inquiries Section - contains inquiries
concerning the complaint sent to the Agency and
the Agency's responses.
D. "Commence proceedings" means when the Agency has
received a complaint, assigned a case number,
determined acceptability, and assigned the
complaint for investigation and resolution.
E. "Complainant" means the person who files a
complaint under the Salina Code or Section 810
of the Fair Housing Act.
F. "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.
G. "Conciliation agreement" means a written
agreement setting forth the resolution of the
issues in a conciliation agreement signed by,the
complainant, respondent, and Agency.
H. "Concurrent processing" means the processing of
a case under the Fair Housing Act and other
civil rights authorities administered by the
Department.
I. "Department" or "HUD" means the United States
Department of Housing and Urban Development.
J. "Dual -filed complaint" means a complaint that is
filed with both the Department and the Agency
LIS.. Fair Housing Complaints/HUD
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and alleges discriminatory housing practices
unlawful under the Salina Code and Section 804,
805, 806 or 818 of the Fair Housing Act.
K. "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.
L. "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 or allegations
discerned as a result of the investigation;
document policies or practices of the respondent
involved in the alleged discriminatory housing
practice raised in the complaint or allegations
discerned as a result of the investigation; 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.
M. "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.
N. "Field Office" is the Field Office located at
Gateway Tower II, 400 State Avenue. Kansas City,
Kansas 66101-2406 Telephone: (913) 551-6958
O. "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
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inform complainants of their right to file with the other
Agency and, pursuant to the procedures identified in this
MOU, will assist the person alleging housing discrimina-
tion 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 HUD. When a
complaint is filed with HUD and alleges a
discriminatory housing practice that is
within the jurisdiction of the Agency, the
Field Office will, within 3 working days of
the filing with HUD, notify the Agency by
certified mail, and refer the complaint to
the Agency for processing. The Field
Office will notify the complainant and
respondent by mail within ten days of the
filing of the complaint with HUD of the
referral 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 MOU.
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) Complaints first received by the Agency.
When a complaint is filed with the Agency
• under the Salina Code the Agency will
forward it to the Field Office within 5
working days after receipt. The Agency
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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.
The Agency shall assist the complainant
or aggrieved person in drafting a complaint
that meets the filing requirements of this
Section IV and shall send the complaint
to the Field Office designated in
Section III. N. of this MOU.
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 must
be signed and affirmed by the aggrieved person
filing the complaint. Information can be
provided by telephone and reduced to writing
by an Agency employee (See 24 CFR 103.40(b))
and the signature and affirmation may be made
at any time during the investigation
(See 24 CFR 103.30(a)).
LJ
15: Fair Housing Complaints/HUD
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;
and
(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 MOU, 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;
•
•
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(c) A summary description of other
pertinent records;
(d) A summary of witness statements; and
(e) Answers to interrogatories.
H. The Agency agrees to notify the complainant and
respondent in writing of a delay the reasons for
the delay, if the Agency is unable to complete
the investigation within 100 days of the receipt
of the complaint.
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. REACTIVATION
HUD will reactivate a complaint in accordance with
this Section.
A. Consensual Reactivation
Reactivation may occur if the Agency or
Department requests reactivation or the Agency
consents to reactivation. The following
situations are bases for reactivation under this
paragraph:
(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.
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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 Assistant Secretary 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 acknowledged
receipt date (in accordance with subsection
III (D) of this MOU); 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.
(4) HUD will not reactivate a complaint under
paragraphs (2) or (3) of this subsection
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.
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• 10
(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 of this MOU.
Reactivation for untimely processing will
begin from the Agency's acknowledged date
of receipt of the complaint.
C. If reactivation occurs under this subsection V.
B., the Agency will not receive payment for
processing, unless HUD determines that failure
to pay would impose a significant burden on the
Agency.
VI. REQUIREMENTS FOR CERTIFICATION
The following are requirements for 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;
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;
• F. To immediately notify the Department of any
changes in its fair housing law, regulations,
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directives; any pertinent opinions of the State
Attorney General of the Agency's jurisdiction;
and
G. To immediately notify the Department of any
court or Agency decisions interpreting its fair
housing law.
VII. COMPLAINT PROCESSING
A. The Department will refer to the Agency for
processing any complaint filed with the
Department that alleges a violation of the
Agency's fair housing law.
B. The Agency agrees to accept and process any
complaint referred to it by the Department. The
Agency further agrees that no complaint referred
to it by the Department involving discriminatory
housing practices will be referred to any other
agency unless the Department has certified the
agency as substantially equivalent.
0 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 the agency is legally restricted
from doing so;
(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
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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 MOU, 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;
o The Age Discrimination Act of 1975; and
o Section 504 of the Rehabilitation Act of
1973.
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.
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(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
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
15: Fair Housing Complaints/HUD
• 14
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
at Agency expense, the award of the
appropriate punitive damages against the
respondent.
(6) The Agency will make final 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.
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• 15
(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
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 MM
A. In no circumstance will HUD refer the following
complaints to the Agency under this MOU:
(1) Secretary -initiated complaints;
(2) (a) Complaints involving a respondent who
has breached an executed and HUD -approved
conciliation agreement.
. (b) If a complaint involving a breach of a
HUD -approved conciliation agreement is
first filed with the Agency, the Agency
15: Fair Housing Complaints/HUD
0 15
(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
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 WM
A. In no circumstance will HUD refer the following
complaints to the Agency under this MOU:
(1) Secretary -initiated complaints;
(2) (a) Complaints involving a respondent who
has breached an executed and HUD -approved
conciliation agreement.
• (b) If a complaint involving a breach of a
HUD -approved conciliation agreement is
first filed with the Agency, the Agency
15: Fair Housing Complaints/HUD
• 16
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; and
(3) Complaints alleging violations of design
and construction requirements of covered
multifamily housing accommodations for
properties for first occupancy between
March 14, 1991 and February 14, 1992,
and for which the last building permit
or renewal thereof was issued by a
State, County, or local government after
January 13, 1990;
(4) Complaints involving allegations of
discrimination in the rental of a single
family house that would be exempt under
Section 13-104(b)(1) of the Ordinance; and
(5) Complaints involving allegations of
discrimination wherein the housing would be
• exempt because of the application of the
transition provision of the housing for
older persons exemption contained in
Section 13-104(c)(3) of the Ordinance.
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
(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.
•
• i5Fair Housing Complaints/HUD
1%
IX. 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 in all HUD -sponsored training at
national and field 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.
Failure to implement technical assistance provided by HUD
will have a negative effect on the Assistant Secretary's
determination of continued certification. On site visits
may be annually. Technical assistance will be provided on
a regular or as needed basis.
XIII.COMPLAINT REPORTING REQUIREMENT
Agencies entering into this MOU with the Department
will be required to have an approved complaint reporting
tracking system or a system that interfaces with HUD's
r 1 15: Fair Housing Complaints/HUD
18
system. If necessary, the Department will provide the
required software and a fixed financial contribution
toward the Agency's purchase of hardware. The fixed
financial contribution will be defined in the Department's
funding instrument, that is, the FHAP cooperative
agreement.
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:
For the Agency:
Liaison - Jean Stemmnnann
Alternate - Myrtle Wilson
Liaison - Kaye Crawford
. Alternate - W. A. Burnett
In addition to communications regarding complaint
processing, the Department's liaison will monitor the
Agency's allocation of staff for the implementation of its
fair housing law. The Agency's liaison will be required
to provide the Department's liaison a listing of all
resources used for fair housing activities including
_..__identifying by name, position, salary, percentage of time,
and experience of all persons responsible for handling
fair housing complaints. Should the listing change for
any reason, the Agency's liaison is required to inform the
Department's liaison immediately.
%V. REVIEW OF THE LAW'S OPERATION
During the period of this MOU, HUD will conduct at
least one on-site review every 12 months of the Agency's
administrative and judicial process and performance.under
the Salina Code annually. HUD will determine whether, in
operation, the Salina Code continues to provide
substantially equivalent rights, remedies, procedures, and
judicial review in accordance with 24 CFR, Part 115.4.
At a reasonable time, not more than one year after
• the Assistant Secretary has signed the MOU, the Agency
•
01
15: Fair Housing Complaints/HUD
19
will ensure that all written guidance, rules, directives,
form letters, opinions, handbooks, etc., are made consistent
with the implementation of the Agency's amended law.
XVI. EFFECTIVE DATE
The MOU shall become effective upon the signature of
the Assistant Secretary for FHEO and shall continue for a
period not to exceed five years from such signature.
XVII. REQUESTS FOR INFORMATION
After final disposition of a dual -filed case, the
Agency agrees to forward a copy of the complete case file,
applicable conciliation agreements, closure letters,
determinations, and administrative or judicial decisions to
the appropriate Field Office of FHEO for review. 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
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. SIGNATURES
Executed by the undersigned on the dates shown below,
pursuant to the respective authorizations of the U.S.
Department of Housin an Urban Development and the Salina
Human Relations Depa tme t.
si's nt Sec'retaf for Fair Housing
an qual OppoV unity
Director, Office of Fair-tous:rNg and
Equal Opportunity 1
Director, Salina Human Relations
Department
,2--,�- 1�
Date
C5___ �/_.19s_
Date
-;27-9�
Date