(a) Scheduling meeting. 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 the implementation of the
Plan should be modified, the Director of the Office of Regional FH&EO shall schedule a
meeting with the applicant.
The Director of the Office of Regional FH&EO
shall be responsible for determining whether an applicant's actions are in apparent
compliance with its approved AFHM plan, the AFHM regulations, and this part and for
determining changes or modifications necessary in the plan after initiation of marketing.
(a) Submission of documentation. Pursuant to
initiation of marketing, the applicant shall submit to the Area Office reports documenting
of the implementation of the AFHM plan, including sales or rental reports, as required by
Applicants shall submit a Notification of Intent
to Begin Marketing to the HUD Area Office having jurisdiction over the area in which the
housing is located no later than 90 days prior to engaging in sales or rental marketing
(a) The primary purpose of this regulation is to
establish procedures for determining whether or not an applicant's actions are in
compliance with its approved Affirmative Fair Housing Marketing (AFHM) plan, AFHM
Regulation (24 CFR 200.600), and AFHM requirements in Departmental programs.
If the results of a complaint
investigation or a compliance review demonstrate that any person, or specified class of
persons, has violated E.O.
(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 Rights Act of 1968 or a state or local fair housing law, with
respect to activities covered by the Executive order, or of the regulations and
requirements under E.O.
(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 Secretary for FH&EO shall make a finding
of compliance or noncompliance.
(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 the provisions of E.O. 11063 or this part.
In no event will a finding of noncompliance precede the completion of the compliance
meeting procedures set forth in Sec. 107.40.
(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 ascertained in the absence of a complaint
indicating apparent failure to comply with this part shall be referred immediately to the
Director of the Office of Regional FH&EO.