Sec.

105.16 Date of filing of complaint; when notice issues.

105.17 Service of complaint;

answers.

or Executive Order 11063 or other applicable law.

Aling of

§ 105.2

105.18 Referrals to State or local fair housing agencies.

105.19 105.20 Reactivation of referred complaints. 105.21 Investigation and decision to resolve. 105.22 Subpoenas, interrogatories, and investigative powers.

Suspension of proceedings.

Subpart C-Procedures To Rectify Discriminatory Housing Practices

105.31 Conference, conciliation, and persussion.

105.32 Conciliation agreements. 105.33 Inability to obtain voluntary compli

ance.

105.34 Notification where voluntary compliance is not obtained.

105.35 Confidentiality of conciliation conferences.

105.36 Other action by the Assistant Secretary.

Appendix-List of Department of Housing and Urban Development Regional Offices and Jurisdictional Areas. AUTHORITY: The provisions of this Part 105 issued under 82 Stat. 81-89, 79 Stat. 669, 42 U.S.C. 3601-3619; 42 U.S.C. 3535(d).

SOURCE: The provisions of this Part 105 appear at 36 F.R. 24458, Dec. 22, 1971, unless otherwise noted.

Subpart A-Purpose and Definitions § 105.1

Purpose.

(a) The regulations set forth in this part contain the procedures established by the Assistant Secretary for Equal Opportunity in the Department of Housing and Urban Development for carrying out his responsibility with respect to any complaint filed with him under section 810 of title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3610.

(b) Where a person charged with a discriminatory housing practice in a complaint filed under section 810 of title VIII is also prohibited from engaging in similar practices under title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-5, or Executive Order 11063 of November 20, 1962, on Equal Opportunity in Housing (27 F.R. 1152730, November 24, 1962) or other applicable law, such person may also be subject to action by the Department of Housing and Urban Development or other Federal agency under the rules, regulations, and procedures prescribed from time to time pursuant to title VI

Definitions.

As used in this part,

(a) “Assistant Secretary" means the Assistant Secretary for Equal Opportunity in the Department of Housing and Urban Development.

(b) "Department" means Department of Housing and Urban Development.

(c) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, or 806 of title VIII.

(d) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (e) "Family" includes individual.

single

(f) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, jointstock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

(g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

(h) "Title VIII" means title VIII of the Civil Rights Act of 1968, Public Law 90284, 42 U.S.C. 3601-3619.

(i) "To rent" includes to lease, to sublease, to let, and otherwise to grant for consideration the right to occupy premises not owned by the occupant. Subpart B-Procedures for Enforcement of Complaints Against Discriminatory Housing Practices

time, if the information disclosed so warrants, appropriate enforcement proce dures may be initiated by the Department under E.O. 11063 on Equal Opportunity in Housing or title VI of the Civil Rights Act of 1964, and the information may also be referred to any other Federal, State, or local agency having an interest in the matter.

§ 105.12 Complaints to be filed by persons aggrieved.

Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (in this part called "person aggrieved") may file a complaint no later than 180 days after the alleged discriminatory housing practice occurred. Such complaint may be filed with the assistance of an authorized representative of the person aggrieved, including any organization acting on behalf of the person aggrieved.

§ 105.13 Where to file complaints.

Complaints may be filed by mail with Fair Housing, Department of Housing and Urban Development, Washington, D.C. 20410, or any regional, area, or Insuring Office of the Department. Complaints will be processed through the Department's Regional Administrator having jurisdiction in the State in which the alleged discriminatory housing practice occurred or is about to occur. A list of Department Regional Offices with their addresses and areas of jurisdiction appears as an appendix to this part. § 105.14 Contents of complaint.

Each complaint should contain substantially the following information:

(a) The name and address of the person aggrieved.

(b) The name and address of the person against whom the complaint is filed ("respondent").

(c) A description and the address of the dwelling, which involves the alleged discriminatory housing practice.

(d) A concise statement of the facts, including pertinent dates, constituting the alleged discrimatory housing practice.

§ 105.15 Form of complaint; amend

ments.

Each complaint shall be in writing and signed, and shall be sworn to before a notary public, or sworn to before a duly

authorized representative of the Assistant Secretary. Such attestation may be made at the time of the investigation. The Assistant Secretary may also require complaints to be made on prescribed forms. Complaint forms shall be available to all persons in any regional, area, or insuring office of the Department. Appropriate assistance in filling out forms and in filing a complaint will be rendered by personnel in any of such offices. Complaints may be reasonably and fairly amended at any time. Notwithstanding the use of the prescribed form, any written statement which substantially sets forth the allegations of a discriminatory housing practice will be accepted as a title VIII complaint.

§ 105.16 Date of filing of complaint; when notice issues.

(a) For purposes of section 810(d) of title VIII, a complaint shall be considered to be filed when it is received in such form as is found reasonably to meet the standards of §§ 105.14 and 105.15. The person aggrieved shall be notified of the date of filing and of his right to bring court action under sections 810 and 812. The 30 days provided in section 810 (d) of title VIII within which a civil action may be commenced shall be deemed to begin with the receipt by the complainant of a notice from the Assistant Secretary that he does not intend to resolve the complaint or he is terminating his efforts to conciliate the matter.

(b) At any time after the expiration of 30 days from the date of the filing of a complaint, or upon dismissal of the complaint at any stage of the proceedings, the complainant may demand in writing that a notice of the occurrence of either of such events issue pursuant to section 810 (d) of title VIII, and the Assistant Secretary shall promptly issue such notice, with copies to all parties. The complainant shall be advised by certified mail of the right to request such notice of the expiration of the 30-day period.

(c) In the case of a complaint referred to a State or local agency and subsequently reactivated by the Assistant Secretary pursuant to § 105.20, the person aggrieved and the respondent shall each be notified of the date of reactivation and complainant's right to request a notice under paragraph (b) of this section.

(d) Issuance of notice pursuant to paragraph (b) of this section shall suspend further proceedings by the Depart