(a) SEE funds are funds that HUD will provide to an agency to enhance enforcement activities of the agency's fair housing law or ordinance. SEE funds will be a maximum of 20% of the agency's total FHAP cooperative agreement for the previous contract year, based on approval of eligible activity or activities, and based on the funds are eligible to receive SEE funds if they meet three of the six criteria set out in paragraphs (a)(1) through (6):
(1) The agency has taken action to enforce a subpoena or make use of its prompt judicial action authority within the past year.
(2) The agency has held at least one administrative hearing or has had at least one case on a court's docket for civil proceedings during the past year.
(3) At least ten percent of the agency's fair housing caseload resulted in written conciliation agreements providing monetary relief for the complainant as well as remedial action, monitoring, reporting and public interest relief provisions.
(4) The agency has had in the most recent three years, or is currently handling, at least one major fair housing systemic investigation requiring an exceptional amount of expenditure of funds.
(5) The agency's administration of its fair housing law or ordinance received meritorious mention for its complaint processing or other fair housing activities that were innovative.
(6) The agency must have fully investigated 10 fair housing complaints during the previous funding year.
(b) Notwithstanding the eligibility criteria set forth in paragraph (a) of this section, an agency is ineligible for SEE funds if:
(1) Twenty percent or more of an agency's fair housing complaints result in administrative closures; or
(2) The agency is currently on a PIP, or if its interim certification or certification has been suspended during the fiscal year in which SEE funds are sought.
(c) SEE funding amounts are subject to the FHAP appropriation by Congress and will be described in writing in the cooperative agreements annually. HUD will periodically publish a list of activities eligible for SEE funding in the Federal Register.