Page:United States Statutes at Large Volume 102 Part 2.djvu/623

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-430—SEPT. 13, 1988

102 STAT. 1627

respondent under sections 814(a) and 814(c) or for proceedings by any governmental licensing or supervisory authorities, the Secretary shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case maybe. "(f) REFERRAL FOR STATE OR LOCAL PROCEEDINGS.—(1) Whenever a

complaint alleges a discriminatory housing practice— "(A) within the jurisdiction of a State or local public agency; and "(B) as to which such agency has been certified by the Secretary under this subsection; the Secretary shall refer such complaint to that certified agency before taking any action with respect to such complaint. "(2) Except with the consent of such certified agency, the Secretary, after that referral is made, shall take no further action with respect to such complaint unless— "(A) the certified agency has failed to commence proceedings with respect to the complaint before the end of the 30th day after the date of such referral; "(B) the certified agency, having so commenced such proceedings, fails to carry forward such proceedings with reasonable promptness; or "(C) the Secretary determines that the certified agency no longer qualifies for certification under this subsection with respect to the relevant jurisdiction. "(3)(A) The Secretary may certify an agency under this subsection only if the Secretary determines that— "(i) the substantive rights protected by such agency in the jurisdiction with respect to which certification is to be made; "(ii) the procedures followed by such agency; "(iii) the remedies available to such agency; and "(iv) the availability of judicial review of such agency's action; are substantially equivalent to those created by and under this title. "(B) Before making such certification, the Secretary shall take into account the current practices and past performance, if any, of such agency. "(4) During the period which begins on the date of the enactment of the Fair Housing Amendments Act of 1988 and ends 40 months after such date, each agency certified (including an agency certified for interim referrals pursuant to 24 CFR 115.11, unless such agency is subsequently denied recognition under 24 CFR 115.7) for the purposes of this title on the day before such date shall for the purposes of this subsection be considered certified under this subsection with respect to those matters for which such agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 8 months. "(5) Not less frequently than every 5 years, the Secretary shall determine whether each agency certified under this subsection continues to qualify for certification. The Secretary shall take appropriate action with respect to any agency not so qualifying. "(g)

REASONABLE CAUSE DETERMINATION AND E F F E C T. ^ 1)

The

Secretary shall, within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (0(2) with