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HomeMy WebLinkAboutContract 48894f�OV ? ��f 2016 Ms. AngeIa Rush Fort Worth Human Relaiions Comrnission Hazel Harvey Peaca Center of Neighborhoods 818 Missoui'i Avenue Fort Woi�h, TX 76104 Dear Ms. Rush: CIYY S�CR�i'Ai� � �1��� f R� CONTRAC7 Pd�. U.S. D+LPAItT'MENT OF HOCTSING AND URBAN DEVELOPM�NT Port Worth Regiona] Office, Region VI Office of Pair Housing & Equal Opportunity 801 Cherry Street, Unit #45, Ste, 2500 Fort Worth, TX 76IO2 Phone 1-888-560-8913 - Fax (817)978-5739 wwtiv.hud,gov Subject: Transrnittal of Anzended ExecUted Cooperative Agreement FF206K166002 Enclosed is the Fort Workh Human Relations Commission fu]ly executed Assistance Awa�rd/Amendment (HUD-1Q44), between this Department and your Agency in the an�ount of $874,562.00. The effective date of the Agreement is September 19, 2016. Your agency has been designated the following: Case Processing, $689,800; AciministraEive Cost (AC), $147,262; Training, $22,500; and aprevious award of $15,000 for partnership funds: Case Processing funds that are allacated undar tYiis Agreement are available to yaur agency. However, prior io the c�i.sbursement of the AC funds, your Agency must submit a written plan detailing how you intend to use the AC funds. The plan should include the use oi the AC funds for updating and maintenance of your hardware and sofiwaze, as appropriate. The plan must be submitted to the Fort Worth Regiona� office for approval. See FY 2016 Faiz- Housing Assistance Program (FHAP} Funding Guidance. AdditionaIly, the following in%rmation must be pxovided prior to tY�e fiinds being released: 1) Identify all out�each activities initiated between October 1, 2015 and - September 30,-2016;-2) Provide-a summary of how AC-funding-was used between October 1, 2Q15 and Septernber 30, 2016; 3) Provide a listing b� attendees, dates of trarriing, and name of training for ail HUD approvedJsponsored training attended between October 1, 201 S and September 30, 2016; aud 4) Provide a statt�s report, including the pro�jected date of closure, for all cases pending as of the date you receive this correspondence that are over 100 days old. AlI requests for reimbursement must be rnade utilizing the electronic Line of Credit Control System (eLOCCS). Parsuant to the 2016 Contributian Agreennent, g_ f:�PFICIAL RECORD CITY SECRETARY �1'. WORTH, 77� �, Article 6, a Na�xative Report describing activities undertaken during the period af performance is required when a request for reimburseznent zs submitted. See 2016 Contribu�ion Agreeznent, Article b for specific requirements. � Thazik you for your continued cooperation. If �ou have any questions, please contact me at 817-978-5890 or Ms. Barbaza Hat7-is, GTM at 817-978-5869. Sincerely, S�� Bonita Howard, Chief Program Compliance Branch Fort Worth Regional Office af Fair Housing and Equal Oppartunity Region VI Enclosures Cc: Tracy Bar�croft-Lasseter � Assistance Award/Amendment Assistance Instrument � Cooperative Agreement ❑ Grant FF206K�66002 �1 7, Name and Address of Recfplent Fort Worth Human Relations Commission Hazel Harvey Peace Center of Neighborhoods 818 Missouri Avenue Fort Worth, TX 76104 DUNS #8246# 4754 t 0. Recipient Project Manag Angela Rush 11. Assistance Arrangement ❑ Cost Reimbursement ❑ Cost Sharing � Fixed Price tJ,S. Department of Housing and Urban Development Office of Administratlon Y2, Payment Method ❑ Treasury Check Reimbursement ❑ Advance Check � Automaied Cfearinghouse ❑ Award � Amendment 5, Effecilve Date of lhis Acllon 8_ Control Number September 19, 2016 EIN #75-6000528 8. HU� Administering Office Region VI FNEO 801 Cherry St,, Unit #45, Suite 2500 Fort Worth, 7X 76102 , � 8a. Name oF Adminlstrator Bb. Tefephone Nun Garry L. Sweeney (817} 978-5868 9. HUD Govemment Technical Representative Darfene Freeman (817) 978-5884 LOCCSNFIS ARTIC�E 7 14. Assistance Amount 15. HUD Accounting and A PYevious HUD Amount $15,Op0.00 15a. Appropriation Number ........ ..................._............,....�.....,..,..._........_....._..............._...............,.......,,,.....,,......._.........�_._.._.._....,..,,,,.,,........ HUb Amount fhis action $85� 562;00 86'f 6/170144 ,...,...,..._ .................,.,....._.,.................._.,.............__........._.......,._....,......., . . . ................._.._..........._......._. Toial HUD Amount,. .,,., ..,.,_..,..�874�562;00.,......,.,,,.,,,, ............... .......... ... ..Amount,Previously�Ob .............................................._.._.....,,. ,,._.....--,,.,.., Recipient Amount $ pbll�aiion, bX,this _actia ....................._......._............,_.,._........._.........---...._...,..._,,,._....._,.........,,..',.�,..,,,.,,,........,,.......,..,..,.�.,�,,.,.,,.,.,,,...,, ,,,.,..,,,..,,,.., Total Inslrumerit Amount $874 562.00 Toial Qbli ation 16. Descriptfon COOPERATIVE AGREEMENT FOR FAIR HOUSIN6 ASSIS7ANCE pftOGfiAM {CONTRIBUTIONS) FY20I6 Thls Agreement canslsts of the fotlowing, whtch Is Incorporated herein and made a part hereof: 1, Form HUD-1044 {8/90�, Asslstance AWard Z. Schedule of Articles with Appendix and Attachments � 3. Appendix A Statement of Work (See CAJ 0.. Attachments: Attachment A- Criteria for Processing (FY 2016) Attachment B-StandardsforTimeqness j � � Attachment C-Special Conditions (ifapplica6le) ' � COOPER,4TNE AGREEMENT BREAKDQWN OF FIS�AL Y�AR 2016 FUNDS: Number of'completed cases-z28 �Please see attached list � (TIN) Case Processing $589,800.00 � (APC} Administration Costs . $147,262.OQ � � � (TRG} Training Funds S 22,500.00 �.� 1 Total Cooperative Agreement Amount •$859,562,00 (PAl) Partnership Funds (FY2015/16) 15 OD0.00 , . ---- — -- - - -- ---. .. ---- - - ,. �� TotelOhligatlprtAmount $674,562,00 ' '-� Per(ormance'Period: Comnlaint Processina: luly 1, 2015 --June 3D, 2D16 Adminlstrative Costs,Trainlnz: October 1, 2015-September3Q 2016 ,�� ~���� is 8orbora R. Narrls, Equal Opportuniry Speciolist Fort Worth Reglona! OfJice, Fort Worth, 7exas. ��� �"� �� 1 Reci ient Is re u ,..•••••• •... � p q ired to sign and return three (3) copies . � � d�� this document to the HU� Administerina Office :� Signalure 71tle , , � /�-�" ��)Li�r . Clfy /'7antiytr- �� EQ AS TO FORM AND �.EGAtITY ..�,�.. .,,r��...�_ Date (mm/dd/yyyy) as�z 8�zo !G 15b. Reservation number FH�O-06-i 4 1B. ❑ Recipient 15 not requEred to sign this dacumenl. 20. HUD (By G�arry L. S SIiiG1� ature & RegipfiN#�H�C3Regional Djfector Offlce oi Falr Housing and-�quai O iV0 �Vtd�C I��QUIIt�D Z�:1�2C�(,(� �I'�`� ���:E��`�'��'�' F'P. WORTH, 7')( 2016 CONTRIBT.J7'XO1�5 AGR�EM�NT SCHEAULE OF ARTICLES 1. SCOPE OF WORIL (FI7�D PRiCE) 2. PERIODS OF PERFORMANCE 3. INSPECTION AND ACCEPTANCE 4. CONDUCT OF WORK 5. INSTRUNI�N'I' AMOLTNI' ANA �tEQUESTS FOR PAYMENT 6. NARRATIVEREPORT 7. CRTTERIAF�RPROCESSING 8. 24 CFRPA.RT 20� 9. USE OF COOPERATIVE AGREEM�,F,NT FUNDS 10. MAINTENANCE OF �FFORT 11. HiJD'S SUBSTANTIAI. WVOLVEMENT 12. ASS�lf2�NCES 13. USE'OF CONSUi,TANTS 14. PUBLICATIONS AND NEWS RELEASES 15. REPRODUCTiON OF REPORTS i 6. FLOW DOWN PROVISIONS 17. DISPIJTES 18. MAINI`ENANCB OF RECORDS I9. CUSTQMER SERVICE STANDARDS • 20. REPORT]NGREQUIREMENTB - -- - - - - -- -- - - - ------ -...- --- - - - - - - - _.. -_--...------ _ _ Zr.- - �au�rmrG 22. IAIIT`IAL CONTAC"Z' DATE 23. C'HANGES LIIvIiTING BFFEC'T'1VENESS �F RECIP7ENT'S LAW � 24. FHAP AND FTRST AMENDMF,NT 25. TESTING 26, RET.,EASE OF INFORMATION WHII,E COMPLf1lNI' IS OP�N 37. SE3�'LTAL ORIENTATTON, GENDER IDENTITY, MAI2ITAL STATUS, AND SOURCE OF INC.�ME CAUSE DETERMINATIONS Appendix A: Statement of Work Attacl�ment A: Criteri a for Processing Attachxnent B: Standards for Timeiiness Attachment C: Payment Aznounts for FHAP Complaint Processing 2 1. SCOPE OF WOR� (F�ED PRTCE) The Recipient (or Agei�cy) shall furnish alI ihe necessaiypersonnel, rnaterials, sez-vices, equipment, facilities {except at otherwise specified herein) and otherwise do all tl�ings necessary for or incidental to fhe performance ofthe woxk set forth in the State;ment of Work (SOW} and all attachunents for the firm fixed price set fot-th herein. 2. PERIODS �F PERF(?RMANCE The Recipient sha11 �rovide all services hereunder during the periods of performance. Por the FI'2016 Cooperative Agreement, the periods of perfoxmance are as follows: CompIaini Processin�; Ju1y 1, 2015 —June 30, 20I6 Adminzstrative Costs, Trainin�: Oc%ber 1, 201 S-- Septem6er 30, 2016 Note: While as a general rule, the cut-off day for incurring aciministrative costs is September 30, 2016, the GTR �ay change ihe cut-off date to several days before the encl of the fiscal year if that is necessary to oomplete closeout documentation. 3. INSPECTIOl� AN:D ACCEPTANCE The Crovernrnent Technical Monitor (GTIvI), zf so delegated, may accoxr�plish inspection and acceptance of all but the finaI products. The Government Technical Representaiive (GTR} shall accomplish acceptance of aIi final products. The GTR. is identified in Block 9 afthe �-ND-1044. 4. CUNDUCT OF VGrORK During t1�e effective period of this instrument, the GTR or GTM shall be responsible for monitoring the techtiical effort of ihe Recipient, unless the Recipient is notified in writing by #l�ze Coopet�tive Agreement C?fficer (CAO} o� a replacement. The CAO is identified in Block 8a of the HCJD-1044. Only the CAO has the power to authorize deviations from this instrument, incIuding deviations from the Statement of Work. Tn the event fhe Reczpient does deviate without ,, written approval of t1�e CAO, sach deviation shall be at t1�e risk of the Recipient, and any costs -related thereto shal] be borne-bythe Recipient: - - - - - - - � 5. INSTRTJMENT .AMOUNT �1ND REQUESTS FOR PAYMENT Agencres that have received Ca�acity Building funds for one year may be eligible for Contx�ibutions funds. Cantribuiians funds consist of three categories: Complaint Processing; Adminisix�ative Costs; and Training. For FY2016, H[JD m ay also provide an "Enforcement Fund" through Special Enforcement Efforts (SEE) Funding as we11 as Partt�ership funds. . Complaint Processing - GTRs shall deterinine payment ainounts based upon the FY2016 Paya�nent Amounts far FHAP Camplaint Pz•ocessing, which are found at Attachment C. Adtninisira.tive Cosis - Agencies that acceptably process 100 cases or more shall receive 20% of the Recipient's F�IAT' obligation amount for #he preceding year, Fot• agencies t.hatpi•ocess fetir�er than I00 cases, see FY20�76 Fi��di�g Guida��ce fo�• FIIfl P "Contributr.'ons.Ftgeracies " fo�• the fundzng fi^Q771BN�0T•k, Trairzk�n� - All agencies are eligible to receive training funds for attendance at the National Fair Housing Training Academy (NFHTA}, and other HUD-approved or HUD-sponsored training. See FY2DI6 FHfIP Ful2dir�g Guida�zce for� spec�c requir�enzents related to tr�aining,�"u�zds. Special Enforcemenf Effort (SEE� I�nds — Z7-UD may make available up to $1.0 million in SEE funds for FY 2016 tlu�ough the im�lementation of an Enfo�•cement Fw7d. SEE funds are funds ihat HUD may provide to an agency to enhance enforcement activities of the agency's fair housing Iaw. In the event these funds are made available, agencies applyin,g for an award frozn the Enforcement Fund such funds must meet the eligibility criteria set forth in 24 CFR.§ 115.305(a}{1)-(a)(6). Guidance governing the aperation of the fund is being developed and wzil be distributed if the funds are made available. It is envisioned thai that decisions on requests for distributions witl be made by the FHAP Division in FHEt� Headquarters on a case-by-case basis with the actual fund commiiment taking piace in the field as wit.�i a11 other �HAP funds. . Partnezship Funds — HUD rnay znake avaiIab�e np fo $1.9 million on Pa.rEnership funds for FY2416. Specific gtzidance wi11 be issued 'zf the funds are made available. The m�imutn amount for performance under the Articles of this Cooperative Agreement, Appendix, and Attachments, is tbe total axnounts of all categories of Coniributions fiands (i.e., Complaint P�•ocessing, Administrative Costs, and Training (as weIl as SEE and Partnership funds if sucl� fiinds . are made available). Draw-downs are permitted at the discretzon of the GTR. Complete draw-downs of the totaI amount obligated for Complaint Processing funds shall be permiiied at any point after June 30, 201 b, and befare September 30, 2016. Payme�t is subject to wit;hholding if the CAO detertnines that the Recipient is nat complying with aIl terms of the Cooperative Agreement, the Appendix, and aIl Attachments hereto. 6. NAT2ItATIVE REPORT A Narrative Report describing activities undertalcen during the periods of performance pursuant to which payment is being requested is required. The Natrative Report shall include a listing of complaints acceptably processed, in.cluding tlie name of complainant, respondent, and date cIosed, type of closure, date referred to legal for enforcemen� action, informatian on invesiigative and conciliaiion techniques, and descriptions of all aciivities undertaken to jusiify all administrative closures. Tl�is list must demonst7-ate that the agency receives and processes a reasonable number of complaints cognizable under tl�e Fair Housing Act, as required in 24 CFR � 115.206(e)(�). The Narrative Report shall also include a description of outreach activiiies undertaken in support of fair housing case processing to educate tl�e public on fair housing r]ghts and responsibilities. The GTRIGTM should verif'y that the Recipient is undertaking the education and outreach activities identif ed. ffthe Recipieni �neefs the requirements outlined in the FYZfJ16FH�fP Fundi��g Guidm�ce, remaining funds rnay be used to undertake the fair housing educatzoll and ouireach ac�ivities. 7. CRITERTA FOR PROCESSING T�e Cz'iteria far Processing are the standards by which HUD determines whether a complaint, cognizable under the Fair Housing Act azad processed by the Recipient, vvarrants reimbursement with FT-IAP funds. Tlie Criteria for Processing are incorporated as Attachmen.t A. 8. 24 CFR PART 200 The Administrative Requirements for Grants and Cooperative Agreements (2 C.F.R. part 200) are hereby incorporated by reference. The Agency must be famiIiar r�vith these reqairements and verify to the GTR/GTM that the Recipient has a copy on fiie. A copy of Part 200 may be obtained from your GTR/GTM. 9. USE O� COQPERATIVE AGREEMENT FUNDS AND NO C4-MINGLING The Recipieni is entitled to receive the tiaed amount ident��ied in Block 14 of the HCJD-1044 for satisfactory completion of tk�e work to be performed, regardless of cosfis incurred_ FIIAP funds must be used for tlae purpose that HUD provided tlae funds including the processirig of complaints cognizabie under the Fair Housing Act, training under the Pair Housing Aci and the state or local fair housing law, adm.inisirative costs associated with fair housing conaplaint processing, creaiion and mainienance of data and information systems, az�d the development and maintenance of fair housing education and ouireach projects. The Recipient must segregate F�-�AP funds frorz� the Recipzent's and the state or Ioca1 governmeni's other funds. 10. MAZNTENANCE OF EFFORT The Recipient must spend at Ieast 20 percent of its total annual budget on fair housing activities if it enforces antidiscrirninatian laW(s) other tl�an a fair housing Iaw. The teim "total annual budget" means the entire budget assigned by the jurisdiction to the agency for enforcing and adzninistering antidiscriinination Iaws, bui does not include FHAP funds. -- �- -----�-Mainfenance of effort also means iliat tlie Recipieni siiaii not unilaterally reduce the leve� of fmancial resources cun-enily connmitted to fair housing. Budget and siaffreductions occasioned by legislative actian outside the eon#��ol of the Recipient will no% alone, result in a determination of ineligibility. However, HUD will take such actions into consideration in assessing the angoing viability of a Recipient's fair housing program. 11. �IUD'S SUBSTANTiAL INVOLVEMENT A. HUD intends to k�ave substantial involvement in the review and approval of aIl aspects of i11e work to be carried out as a resuIt of an award under this Agreement. B. Aniicipated substan�ial involveznent may include, but is not necessariIy limited to, tkae foIIowing: 1. Review and guidance during and uporz compleiion of cases cognizable under tile Pair Housing Act; 2_ Requests far additional informaiion an cases to provide clarif�caiion or for completeness of a case investzgation or file; � 3. Development and presentation of national and regional office fair housing investigation and concztiafion training; 4. Participation in the developnnent and presentation of in-house invest�gation az�d conciliation training; 5. Participation and approvaI of education and outreach progranis oz rnaterials; b. Provision of appz•opria�e directives and guzdance faz case processing; 7. Assistance in the investigation, conciliation, and/or enforcemem of fair housing cases cognizable under the Fair Housixzg Act; 8. Requests for updates on ihe final staius of cause detezminafiions; and 9. Review and analysis o:f agency's fair housing law for deteixn.inations of continued substantial equivalence to the Fair Housing Act. 12. ASSUI2ANCES As a condition for the receipt of FHAP funds, the Recipient assures HUD that ii will: A. Provide a drug-free workplace; B. Cornply with #he provision af the Hatch Act {5 U.S.C. Sections I501-1 SO8 and 7324-7328} .which_liini�s.the.political activities-of-employees whose principle-employment-actiuities-are -- -- funded in whole or part with� �'ederal funds; C. Establzsh safeguards to prohibit employees from using their positions fox a purpose that constztiates or presents the appearance of personai ar organizational conflict of interest, or person�al gain; . D. Comply vvith the lntergoven�txlental Personnel Act af 1970 (42 U.S.C. Sections 4728�4763} relating to prescribed standards for merit systems for programs funded under one af the nineteen statutes or re;uIa�iozis specified in Appendix A of OPM's Standards for a Merit System of Persorn�el Admiiiistrafiion (5 C.F.R. 900, Subpart F); E. Comply wi#.� aIi federal nondiscrimination laws including, but not necessarily limited to: (a) Titie VI of the CiviI Rights Act of 1964, which prohibits discrimination an tl�e basis of race, color, or national origin by recipients of federal fii�aracial assistance (b) Title IX of the Education Amendments of 1972, as amended, vt�hich prohibits discrimination on the basis of sex by recipients of federaI �nancial assistance ;(c} Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on ihe basis of disability by recipienis of federal financial assistance, and (d) the Age Discrimination Act of 1975, as amended, uThich prohibits discrimination an the basis of age by recipients of federal fzqanciai assis#ance; F. Comply wit1� all appIicable requirements of federaI laws, executive orders, regula#ions, and policies goveming this program; ant� - G. Comply with fihe requirements of the Resource Conservation and Recovery Act which mandates that state agencies using federal funds for procurement programs give preference to products containing recycled materials when purchasing speciiic products identified in guidelines developed by the Environmental Protection Agency (40 CFR 247-253). 13. USE OF CONSULTANTS Salary payments to consul�arzts under this instrument sha11 not exceed the equivalent of ihe maximum dazly rate paid to level N of the Execuiive ScheduIe, as evidenced by current pay vouc�ers. . 14. PUBLICATION� AND NEWS RELEASES A. Defmitian. For the putpose of this clause, "publicaiion" includes: (1} Any document containing in#'onnation far public consumption; (2} The act of, or any act tliat may result in, disclosing information to the public; or (3) Any products resulting from the educafion and outreach efforts of the Recipient that are planned to be made available to tlie public thraugh dedication, assignment by the Government, or otl7er such means as HUD shaIl determine. -- -- -- - - B: Gavernmeni Ownership of-Official-Products-of Work---- _ . - - - - - All interim and final reports and information, data analyses, special rnethadology, findings, and their related documents and work products, including reports, work sheets, survey instruments, camputer tapes, and any other physical materials and products produced directly under the SOW oiihis inst�rument are considered Official Products of Work, owned by fihe U.S. Gavernnaent and held for the benefit of the public. C. Publication of Official Products of Wo;rk Official Products of Work, quotations tY�ere from, parapl�rasing, or disclosures of interim f ndings �nay not be pubIished without the approval ofthe GTR for a period of sixty (60) days a$er accepiance of �lie product by the GTR. Thereafter, the Recipient shall be free to publish without HLTD approval. D. Acknowledgeinent and Disclai�ner AII O�cia1 Products of Work, or any part ihereo£, and any Independent Produc�.s and � Special Prodvcts arising out of this inst�-�znent, v�Tk�en published by Recipient or other participa�rts in ihe worlc, shall contain the following acknowledgment and disctaitn ez': "The work tl�at provid�d the basis for this publication was supported by funding under a Cooperative Agceement with �he U.S. Departinent of Housing and Urban Development, The substance and findings of the work are dedicated io the public. The author and pnblisher are solely responsible for the accuracy of the statements and interpretations contained zn this pubfication. Such interpretations do not necessarily z�eflect the views of the Govez-�unent " E. Notice ofNews Release and Public Announcements Copies of all press z-eleases, forma] atitaouncements, an�l o�her pianned, written issuances containing news or infon�nation concerning this instrument that may be made by the Recipient or its staf�', or any subcontractor or other person or organiza�ion participating in the work of this znstrunnent shall be provided to the GTR at the earliest possible izme. News releases and other public announcernents may not disclose any interim finding or quote or paraphrase any part of any Official Praduct of Work without complying wifih paragxaph D above, eniitled Acknowledgemeni and Disclaimer. The Recipient agrees that no ner�s releases ar pubiic announcements involving FHAP funded activities will be released to the public without prior HUD approval. The Recipient further agrees �liat it wil] submit any and all press releaseslnews announcements, siudies and/or other products developed with FHAP funds to the . GTR for review and approval af at least two weeks prior ta its release, unless H Ull agrees to waive Ylle two-vveek submission requirements. Publication £�yers, and other routine documents previously approved by the GTR. and/or the Department, may be published wiihout further IIUL} approval. 15. REPRODUCTION OF REPORTS Tn accardance with Government Printing and Sinding Regulations, reproduction of reports, data or other written rn.aterials, i�required herein, is authorized, provided thatthe matez'ials produced do not exceed 5,004 production uniis of any page and the i#ems cansisting of multiple pages do not exceed 25,000 production uni�s in aggregate. 16. FLOW DOWN PROVISIONS The Recipient shaIl include provisions of this insfrument in aI1 coniracts of employment wiih persons �who perfonn any part of the work under this instrument, and with all subcontrac�ors and other persons or organizations participating in any part of the work cander iUis instcl.unent. There shaII be provisions for a further flow down of such requirements to each sub-tier of employees and subcontractars to the eatent feasibie. If the Recipie��t subcontracts to a public or private arganization any activity for which it receives FH�P funds, zt must ensure in writing that the o a�anization is complying with all relevant civil rights ]aws including: (a} Title VI of the Civil Rights Act of 1964; (b) Title IX of the Education Amei7dments of 1972, as amended; (c) Sec�ion 504 of the Rehabilitation Act of 1973; and (d) the Age Discrimination Act of ] 975. 17. DISPITTES Di.u'ingperformance ofthe insttumen�, disagreements may arise between the Recipient and the GTR on various issues, such as the acceptability of coznplaints forwarded for reimbursement. If a dzspute arises, the CAO shalI be the final authority on the matter and sha11 prepare a finaI decision, taking into account all facfs and documentafion presented, The CAO's decision shalI be mailed, emailed, faxed, or telephonically provided to the Recipient. IS. A�LAiNTENANCE OF RECORDS The GTR and CAO are to rnaintain all appropriate recorcls reiating to ihe implementation of this cooperative agreement for a peziod of 5 years for the GTR files and a period of l years for the CA� files. Tl�ze files for the CAO are to be kept in a secure place and should be accessible to others only with the CAO's petmission. After 7 and 5 years respectively, the records may be archived at ihe records center. The Reczpient agreas to maintain recards demonstrating its financiai admuiistration of FHAP fvnds. The Recipient aiso agrees to maintain records of its performance tznder FHAP, including a11 past performance assessment reports, performazice improvement plans, and other documents relative to the R.ecipient's pei�ormance. The Recipient agrees to permit reasonable public access ta its records as required at 24 CFR __ __ § 115308(c}_(i.e., records are made ayailable at the agenc�'s off ce during normal.working hours for. _ public review). The Recipient agrees to pem�it the Secre�ary of HUD, Tnspector General of HCJD, Comptrol]er General of the United States, and any of their authorized representa.tives, access to a1J the �ez�snent books, accounts, reports, files, and other payments for surveys, audits, examinations, excerp#s and transcripts as they relate io i11e agency's participation in the FHAP. The Recipienf agrees to keep files in such a fashionn as to permit the audiYs under appiicable Office of Management and Budgei circulaz's, procurernent regulations and guidelines, and the Single Audri requirements for state and local agencies. 1.9. .CUSTOMER SERVICE STANDAR.DS The Recipient agrees to ensure that any and aI] individuals associated wzth fair liousing complaints, including aggrieved persons, carriplainants, respondents, and representatives, are treated with dignzty and respect. The Recipient agrees to maintain regular contaci with parties to a coznplaint, including not ailouring more than 30 business ciays to pass with�ut some form of contact with paziies_ The Recipient agrees that its staffwill not communicate disinterest or distiltst ua the cornplaint process Yo any of the parties to the complaint. Complaints to HtTD from individuals associated with FHI�I' fair I�ousing complaints 'wilI be reviewed by the GTR, The GTR wiil work with the Recipient and the individual to resolve the mat�er. In addition, customer satisfaction issues identified that may impact the tiunely and effective processing of fair housing complau�ts will be considered when �ILTD conducts performance assesstnents of tl�e Recipie�t in accordance with 24 CFR � 115.206. 20. REPORTFNG REQUIl2EMENTS The Recipient agrees to provide the GTR timely zn�formation on all fair housing cornplaints cognizable under #he Fair Housing Act, from receipt to closure, regardless of whethez payment has been received by the Recipient. The Reczpient agrees to fully utilize the IIUD Enforcexnent Management Spstems (I�EMS). and input information in HEMS in a iimely manner. Failure to meet this requireznent shall result in HUD identifying such faiIure as a deficiency in the FHAP agency's performance assessment, thereby authorizing �ICTD ta proceed with perfoz�nance deficiency procedures enumerated in the FT�P re,guIation at 24 CFR § 115.210. 21. TRAINiNG The Recipient agrees to send staffto mandatory training sponsored by I3LlD, including, but not necessarzty limited to, the National Fair Housing TrainingAcademy and the National Fair Housing Policy Conference. 22. INITIAL CONTACT DATE The Recipient must use the Ir�itial Contaci Date field in HEMS to record the actuaI date on which a complainant firsi contacts the Recipient or FI�EO to inquzre about filing a housing � d'zscrimination complaint, or to report an aileged discrimin.aiory housing practice. The Recipient will be required to compiy with the following procedures with respect to documenting a --- - - - . - .. _.... - - - - - .. --_.—_.----. . _. ---... � compiainant's initial contact. For cases initially iiled with the Recipient, the Recipieni must: A) Maintain records of each compiainant's initial contacf with the Recipient, incIuding records of aIl teIephone, e-mail, Ietters, and in-person cantacts; � B} Place the oz•i�inal record of a complainant's initial contact, or a copy of tha# racord, in ihe case fi1e under ihe coznplainant's evidence saction of the file, consistent with the requiremants af C1lapter 1 Q of the Title VIII Manual; and C) Ensure that tIte I�iitial Contact Date fieid 'uz HEMS reflects the earliest date of contact referenced in the case file. For cases initiaily fzled with FHEO, the Recipient: A) Must ensure thaf the Initial Contact Date filed in HEMS reflects the earliest date af contact referenced in ihe case fite referred to the Recipient by FHEO; B) Must not change the date that FHEO entered in the I�Zitial Contact Date field in HEMS even if records contazned in tl�e case file received from FHEO reflect a Iater date of contact by the complainant. I� F�IEO has entered an initial date of contact in HEMS t1�at is earIier than any contact date referenced in the case file, the Recipient xx�ust contact the FHEO regional office to obtain any records of contact tl�at may have been ainitted fronn the case file. 23. CI�NGES LIlIZITING EFFECTIVENESS OF RECIPIENT'S IIAW Pursuant to 24 C.F.R ] 15.211(a}, if a state or local fair housing law that a Recipient enf'orces zs arnended, or rules or procednres concerning the fair housing law are adapted, or judicial or other authoritative mterpretations of the fair housing law are issued, the Recipient nnust notify HI.�D's Fair Housing Assistanca �'rog,ram Division within 60 days of its discovery. This requirement also applies to the amenclmexzt, adoptian, flx• inierpretatzon of anv related law that bears on any aspect of tI�e effectiveness of the FHAP agency's fair housing law. Send carrespondence ta: Director, Fair Houszng Assisiance Progxam Division O�ce of Fair Housi�zg and EquaI Opportunity U.S. Department of Housing and Urban Development 451 Seventh Street, SW, Roorn 5206 Washington, DC 2�4J.0 24. FHAP AND THE �`IRST AMENDMENT . . _. _ _ . None_of the_fttnding.made available. under._the.FHAE may be used to..investigate_or_prosecute any. - --- --- - - --- - activity engaged in by one ar more persons that may be protected by the First Amendment of the United States Constitution. 25. TEST�NG The following requirements apply to iesting activities :funded under the FHAP: A. Testing znust be done in accordance with a HUD-approved testing methodology; 11 B. Testers must not have prior felony convictions oz� conviceions of any crimes invoIving fraud or perfuzy; C. Testexs must receive training or be experienced in testzng procedures and techniques; D. Testers and the arganizations conducting tests, and the empioyees and agents of these organizations, may not: 1) have an economic interest in the autcome of the test, wi�llout prejudice to the right of any person ar entity to recover damages for any cognizable injury; 2) be a relative or acquaintance of any party in a case; 3) have had any employinent or other aff liation, within �ve years, wiih the person oz' organization; or 4) or be a competitoz' of the person or organization to be tested in the listing, rentaI, sale or ftnaaicing af real estate. 26. RELEASE OF INFORMATION WHILE COMPLAINT IS OPEN As a genaral ri.�le, the Recipient will not reIease izzformatian collected durzng the course of the investigation while the complaint is open. There az�e three exceptions. First, the Recipzezat will provide infannation to HUD, consistent with Section 11 of this document. Second, a paz-ty to a cornplaznt being investigated by the Recipient is entitled to receive a copy af any document it subnnztted during the investigation of the carnplaint. Third, during conciliaiion, a conciIiator may opt to use the sirategy of revealing portions of the evidentzary section of the investigative fiIe to the parties. This type of disclosure rr�ay also occur during an investigation when a Recipient investigator questions a parry or a�vvitness about a documeni or a statement in a document. 27. SEXUAL ORIENTATION, GENDER IDENTITY, MARITAL STATUS, AND SOURCE OF INCOME CAUSE DETEI2MrNATIONS Recipient znust submit to the Fair Housing Assistance Program (FHAP) Division copies of sexual ozientation, gex�der identiry, marital status, and source of income cause de�erminations. The General Seciion of HUD's Notice of Funding Availability (NOFA) deems ineligible applicants thai have not satisfactorily resolved a cause detennination from a FHAP agency for a systemic violation of a state or lacai prohibition of sexual orientation, gender identity, and source of income housing discrimination. Additionally, on Februaty 3, 2012, HIID issued a iinal ru�e entitled Equal Access ta Housing in HUD Programs RegardIess of Sexual Orientation and Gender ldentity, which mandates recipients of HUD funds, FHA-insured lenders, and FHA-mortgagors to provide access to HUD programs without regard to sexual orientation, gender• ideniity, and marital status. Receipt of cause detenninations from FHAP agencies on these issues will assist HUD-in-deter-mining whether an applicant is ineligible #'ox fi�nding-u�.der- ----- --�-- -- the NOFA and/or has violated the Equal Access Ru1e. FH�I' agencies should submit such determinaiions elecit•onical]y ta T,GBT�tairhouSin��aEiud.�ev, or send hardcopies to: Director, Fair Housing Assistance Prograzxz Division Office of Fair Housing and Equal Qppottunity U.S. Department of Housing and Urban Developrnent 451 Seventh Street, SW, Room 5206 Washington, DC 2041� 12 APPENDIX A- CONTHIBUTIONS AGREEMENT STATEMENT OF WORK FY 201b 1. The Recipient a;rees to pz'ocess housing discrimination complaints cognizable uncier the Fait Honsing Act in accordance with the Agreement for ihe Interitn Referral ai Complaints and Other Utilization of Services (Interinn Agt-eemant) or Meinorandum of Understanding (MOU} between tl�e Recipient aY�d I ND, il�e Schedule of Articles, the Criteria for Processing, and 24 C.F.R, Part 1 l 5. 2. The Recipient agrees io cooperate with �-IUD in the processing o�hausing discrimination complaints cognizable under the Fair Housing Act in accordance wit%x t�e Tnterim Agreement, MOU, the Schedule of Articles, the Criteria for Processing, and 24 C.F.R. Part 115. 3. The Recipient agrees to augment its fair I�ousing enforcement efforts by engaging in auireach and education, and enga,ging and participating in training and technical assistance pursuant to the Interim Agreement and M�U. 4. T.he Recipient agrees to foIlow �iUA's guidance in processing coxnplaints cognizable under the Fair Housing Act unless and until the Departmeni rescinds such requirement in un•iting to ihe Reczpzent. S. The Recipient agrees to identify to I1C)D all staff assigned to carry out fair housing activifies by name, position, salary, relevant experience, and percentage ofiime spent carrying oui fair houstng respansibilities. 6. The Reczpient may be required to participate in custonr�er satisfaction evaivation actzvities under this agreament_ The Recipient agrees to furnish to HCJD all information coilected from its customers in the fo�m specified by HUD. 7. If the Recipient has aged cases, upon request from HUD, the Recipient must �rovide npdates to HTJl7 on its handling of aged cases and submit a pIan to the GTRIGTM for clasing such cases, ATTACHMENT A FY2016 Criteria for Pxocessing The Criteria fox Processil�g (Criteria) are the standards by which HIJD determines whether a complaint, cognizable under the federai Fair Housxng Act and processed by a substantially equivalent state or local agency, meets the minimum requireinents for qualiiy and timeIiness, and identify the documents that must be submitted to HUD in order fo receive reimbtzrsement, The Criteria are designed to assure the unifarm, timely, and quality processing of housing discrimination complaints processed under substantially equivalent fair housing laws. The Criteria are enumerated under nnajor subheadings, most of which describe the type of ctostzre, (e.g., cause, no canse, conciliation, etc.). Subheadings I through III set out oriteria that apply to most complaints. Subheadings N through VII set forth additional criteria specific to particular types of coxraplaint closure. For example, to meet the criteria for an administrative closure, criteria under subheadings I{Complaint Filing), II(Noti�cation), III (Cause and No Cause Determinations), VII {Adrninistrative CZosures) xr�ay need to be met. An agenc� znust rneet the Criteria for each complaint processed and provide all complaint-related doci.unentation identif'ied in �the Criteria to HUD within 30 days of co.mpletion af complaint processing. Such documentation must be submitted to HUD via the H�CJD Enforcement Managezn�ent System (HEMS). An agency's faiIure to input alI requireci information in HEMS in a tunely manner wz11 negatively impact an agency's performance rating. I-IC7D will addxess a failure to meet the Criteria through performance deficzency pracedures including, but not limited to, technicaI assistance, perfarmance it�pro�vement plans, and suspension from FHAP participaiion. See 24 C.F.R. § 1 J. 5.307(a)(3) and 24 C.F.R. § 115.21.0. HUD utilizes coznplaint closure review forms which combine the Criteria far Processing and the Standards for Timeliness iz�to checkIzsts for each type of complaint closure. These forms are available to FHAk' agencies as an additional technical assistance tool to support high quality case �rocessing. I. COMPLA.�NT FILING A, Qualit,y Requirements: AII coznplaints must be timely filed zn accordance with the subsfantially equivalent state or �ocal fair housing iaw. 2. All complaints must be in writing, signed by the compIainant, and cantain the follovaing information: a. The name and address of coxri.plainant; b. Tkie name and address of each respondent; c. If a specific properry is invoived, the properry's address and physical descziption, such as apartment, condominium, house or vacant Iot; and d. A concise statement of the facts, including pertinent dates, constztUtix�g the alleged discriminatory housing practice. 3. Where the agency determines that �ere is znsuff'icient infarmation in the complaint to cominence an investigation, the agency must notify the carnplainant in writzng by na later than the 5�' da� after receipt of the coxnplaint and inform the complaznant what informaiion he or she must provide in order to commence an investigation, and identify a reasonable timeframe for submit�ing such informaiion. The agency must notify the complainant that unless he or she provides the required information wzthin the specif'ied timeframe, the agenc� may dismiss the complaint. 4. The FHAP agency tnust permit complaints to be f led wiih the assistance of an authorized representative or organization af the complainant. 5. The FHAP agency must permii complaints to be reasanably and fairly _.._ . amended at any time. Such amendrnents may. inciude, but-are not .lirnited to: a} amendments fo cure technical defects or omissions; b) clari�cation, amplifications, or amendnnents of allegations in a complaint; or c) joinder of additional or substitute respondeuts. The FHAP agency should consider � amended complaints as ha�ving been filed on the date tk�e ariginal complaini was filed. 6. If a FHAP agency requires complaints to be natarized, HCTD will not reimburse the agency for a complaint not filed because the complainant did nofi get the complaini notarized. To preserve the rights of aggrieved 2 persons, a FHA.P agency must refer such complaints to HUD far ixlvestigation under the federal Fair H'ousing Act as soon as practicable and, where necessaty, consent fo their reactivation. 7, Pursuant to 24 CFR Section 115.210, and the March 7, 2001 memorandurn entitled Linaitations on Acceptrng as Dual-Filings FHAP Cases That Itnplicate Fzrst Amendment, I3IJD will not reimburse FHAk' agencies for cornplaints ihat irrzpIicate the First AmendXnent of �1�e U.S. Consiitution. The FHAP agency must aiert H[1D to complaints tbai it receives that may impiicate the First Amendment so that HUD may anaIyze the cornplaint and determine if reimburt'sement is appropz�iate. Pursuant to a Memorandutn of Understanding between HUD and the Internal Revenue Service, the FHA.P agency must identify in HEMS whether the praperty named in a complaint receives Low Income Housing Tax Credits. This is required for every cornplaini. 9. The FHAP agency must refer complaznts to T-IUD when the agency receives allegaiions inv�lving a practice ihat is not prohihited by the substantially equivalent State or local law, bnt which is proktibited by th� federal Fair Housing Aci. 10_ If a housing discri�nination complaint is filed against a recipient of fedexal financial assisiance and therefore implicates civil righ�s laws that FHEO enforces other than the federal Fair Housing Act {multi jurisdictional), the FHAP agency shall notify FHEO so tllat FHEO may process that portion of the complaint. Other civil righis Iaws enforced by FHEO iz�clude: a. Title VI af ihe Civil Rights Act of 1964, 42 U.S.C. § 2000d (prohibiting discrimination on the basis of race, color or national origin in pxograms or activzties receiving federal financial assistance); b. Section 504 ofthe Rehabilztation Act of 1973, 29 U.S.C. § 794 _ (prolaibzting discrimination .based on disability in progeams or activities receiving federal financial assistance); c. Section 1 Q9 of the Housing and Community DeveIopment Act of 1974, 42 U.S.C. § 5349 (prohibiting discrimination on th.e basis af race, color, national origin, religion or sex in any prograrn or activity fzmded in whole or in part by the cornmunity development block grant progeams}; d. Titie TT of the Americans with Disabilities Act, 42 U.S.C. § 12101 �3 et seq. (prohibiting discrimination based on disability in pz'ograzz�►s, services and activiiies made a�ailable by public entifiies); e. Architectural Barriers Act, 42 U.S.C. § 4151 et seq. (providir�g ihat buiidings, incIuding pubIicly owned residences, designed consiructed, leased or altered with certain fedez'aI funds zx►ust be accessible to persons with disabilities}; and f. Age Discriminaiion Act of 1975, 42 U.S.C. § 610I (prohibiting discrinnination based on age in progxams or activities receiving federal financial assistance). B. Required Documents: A signed, dated copy of the camplaint, any requests for amendment(s) to the complaint, and evidence of compliance t�vith the timeframes and requirements identified above. C. Complaini Filin.� with Mulkiple Com�alaznants or Respondents: FHAP agencies will be reirnbursed only for complaints that involve separate, distinct discriruinatory actions that require a separate investigation. Where allegations may be made against two or tz�oxe respondenis, separa% complaints should be filed against each respondent onlv when each respondent's conduct stands alone as a separate violation of the Act. Furthermore, zf complainants are married and both are aggrieved persons, a single, joint complaint should be filed. Tf tlaere are children under age 18 who reside in the household who may have been injured by the alIeged discriminatory housing practice(s}, they should be Iisted as "Other�Aggrieved Persons" on that same complaint. FHAP agencies should not typically file separate compIaints for spouses or children under 18 residing in the household. 1�1. N4T�F'ICATION A. Qualiiv Requirements: The FHAP agency m.ust notify HUD within 5 days of receiving complaints that are cognizable under the federa] �'air Housing Act_ In -- addition, the-�HAP--agency must serve notice-af-ihe connplaint io each - - conaplainant and respondent in accordance with the timeframes identified in the substantially equivalent Iaw and the following requirements. The notification letter to the coznplainant mast �onsist af an acknawIedgement of receipt of the complaint for filing, the designation of a complaint number, infarmation i-elated to the agency's processing procedures including the name and telephone number of a FHAP agency contact, and the complain.ant's rights and obligations under the substantially equivalent Iaw, inciuding time limits and choice of foz•ums. 2. The notifzcatio�lletter to each of the respondents inust consist of a description of the alleged housing discrimznation practice upon which the complaint is based, inciude a copy of the coznplaint, and idenizfy the narne and telephone number of a FHAP agency con.tact, The notice to each respondent rnust advise respondent of his or her procedural rigiats and obIigations, including the right to �le an answer within the tiineframe ideniified in the substantiaily equivalent law. A person who is not named as a respondealt in a complaiut, but who is identified as a respondent in the course of the investigation, nnay be joined as an additional or substitute respondent by service of a written notice. The notice znnst e�plain the basis for the agency's belief that the joined person is praperly joined as a respondent and include infannation identified in paragraph 2 above. B. Required Documents: For compIaints that are filed dzrectly with the FHAP agency, the agency must enter information in HEMS regarding ihe compIaint within five days oi receiving the complaint, sufficientIy notifying HUD of the com.plaint. In addition, the agency must provide IIU;D witla a copy of the notification letters sent to the parties and must update HEMS to indicaie when the agency sent the natzficatian letters. III. CRTI`ERTA FOR CAUSE AND ND CAUSE DETERMINATION Evezy cause or no cause determination must be based on an investigation that includes sufficienf coz�szderation of the complainant's and respandent's evidence, and a sufficzent evaIuation of any and aII conflicting evidence. A cause or no cause determination must be based on a review of all relevant evidence the agency obtained during the investigation. The agency shall not act as an advocate for either ihe complainant ox respondent and shall weigh ihe evidence objectiveIy in light of the relevant substantiaiI� equivalent law. The basis far the cause ar no cause dete;rnnination must be well- docurnerited. • _ A.. QualitvRe�uirements: - -- - - - -_ -. ... _ . _ .. . . . In addition to the criteria set forth in subheadings I and II above: Before the end of the 30th day a$er the complaint is filed, the FHAP agency must initiate a camprehensive investigation of issues raised in the complaint. Respondent's defenses, relevant policies and practices, as well as all other reIevant data, must be identified and analyzed and tbe compiainant, respondent, and all relevant witnesses must be interviewed. Contradiciions between cono.plainant's allegations and respondeni's �� response must be investigated and when applicabte, comparative data mus# be obtaiz�ed. Informaiion must be independently corraborated. SimpI� obtainin� res�ondents' statements rebuttin complainant's alle�ations is insuff cient to �resolve dis�uted issues of �act. 2. HLTD recommends that FHA.P agencies deveIap investigative plans for every compiaint processed that is cob izable undex the Fair Housing Act. Faz' guidance on development of an investigative pian, PHA�' agencies should xefer to Chapter 7 of HUD Handbook 8024.01 REV-2 (TitIe VIII Complaint Intalce, Investigatian, and Conciliatian Handbook}. 3. In pIannixig the investzgation, ihe investigator and hislher supervisor must deterrnine, on a conaplaint-by-complaint basis, whether on-site inspections andlaz interviews are required. For most complaints, on-site inspecfions and/or interviews are the most tharough way to conduct a.t� znvestigation. . Soine cases, e.g., where the com.plaint does not involve facival disputes or where evidence clearly demonstrates the allegatians do not have merit, may not require an onsiie visit. •- 4. During the period beginning vc>ith the filing af a complarnt and ending with the FHAP agency's determinatian or charge of discrimination, the agency, to the exient feasib]e, must atte�npt to conciliate the complaint (see more de�ail on crzteria for conciliation at�empts and coneilzation agreeznents in Sectian N of ihis document). 5. If the agency does not complete the investigatrve activities with respect to a compIaint within 100 days from the date of receipt, it musf noiify tlae parties in writing of the reason(s} for the delay. Such notification letters nnust be sent within 110 days of the filzng of the complaint. At ihe end of each investigation, ihe agency shaIl prepare a Final Investigative Report (FIR). An FIR shalI be dated and signed by at least one supervisor: The FIlZ shall contain: a: -- The names and daies of contacts with the parties and-witz�esses, except that the report will not disclose the names af witnesses who request anonymity; b. A summary of carrespondence and ather contacts ve�ith the complainani and the respondeni; c. A summary description ide�tifying othez' pertinent records examined; A sumz�ary of statements by witnesses, if applicable; and/or e. Interrogatories and ansv,�ers provided, if appIicable. 7. Each Determination sha11 be signed and dated by an authorized F�IAP official. The FHAP agency shaII send the closure package to HUD within 30 days of closure. (See B below). 9. The FHAP agency will cooperate with HUD by pxaviding infonnation at reguIar intervats or upon request related to individual complaint investigations. Upon request, the FHA�' agency shall provide stafus reports for each compIaant that is over l 00 days old. B. Requzred Documerzts: The case iile shall incIude ai1 evidence indicaiing that a comprehensive invesfiigation was caminenced and completed in accordance with the above requireinents includ'zng, but not limited to: a copy of a signed, dated - coznplaint; a copy of a FHAP agency determination, dated and signed by an au�orized FHAP official; proof that a FHAP agency sent its determination letter to a11 parties; an �'1R that meefs the above listed requirernents; an investigatzve plan (when such plan exists); a capy oithe 100-day lettexs and evidence that they were sent; and alI other information pertinent to the investigation, including but not limited to interview notes, docurnentation of conciIiation attempts and, when necessary, independent evidence corroborating respondent's defense(s). ZV. CRITERIA F�R POST-CAUSE COMPLAINTS HEARD 1N AN ADNIIIVISTRATxVE HEARING, CIVIL AC'TI4N, OR TAROUGH JUDICIA� REVIEW In addition ta the appropriate criteria set forth zn subheadings I, II, and III above: A. Oualztv Rec�uirements: After a cause determinaiion. and a charge of discrimination, or its equivalent, has been issued, and assuming the conciliation was attempied and failed, ihe camplaint r�ust-be-referred to appropriate counsel-to --- -- prosecute the charge on behaif of the complainant, at governmeni expense, before an administrative hearing body or crvil court. B. Documents Re uq ired: HUD wi21 accept sttch a complaint for reimbursement if tY►e agency provides documentation of such a referral in, for examp3e, correspondence, logs or pleadings. Additionally, the FHAP agency shall provide any finai administrative hearing decision, consent decree, or settlement agreement � entered to HUD within 30 days of such action: If the agency does not provide this information, HUD may request, and the agency will be required ta retnt�n, up to 50% of the reimburselnent previously paid to the agency for the complaint. St�ecial Note: While the agency may obtain reimbursement on these complaints prioz' to final disposition by azi admin.zstrative.heaz-ing body or a civiI court, the agency must subsequently report to HUD the fnal status of such coinpiaints. See 24 C.F.R. § 115.206(e)(8). FHAP agencies must znput final status information directly in HEMS within 30 days of the administrative or judicial determinatioz�. C. Post-Cause Adininzstrative Hearings or Judicial Filzn�s: An agency may receive additionai funds for engagi�g �n certain post-cause enforcernent aciioras. If, pursuant ia the substantially equivaIent Iaw, an agency either conducts an administrative hearing or files a civil action upon eIection to enforce a finding of reasonable cause, HUD may provide additional payment. VJhere fhe triggering event (z.e., conduct of adininistrative hearing or filing of civil action) for the supplementat payment does not occu�•, an agreement reached after a cause f�nding will not qualify as an enforcernent action for purposes of this supplemental payment. Such cases will be reimbUrsed as any oiher cause case unIess the disposition is a conci�iation agreeinent (i.e., an agreement signed by the parties and the FIIAP agency), in which case it will be reimbursed as any other case closed with a canciliation agreement. Where the triggering eveni has occurred, a FHAP agency will receive the supplemental payment even where the case is �asoJved by a subsequent agreeznent, e.g., through. a consent decree. A�encies will receive this increased supplemental pavment when the ag;encv has engaged in post-cause enforcement actions azzd has docurnented its actions in HEMS. This documet�tation must occur in order for the GTR/GTM to authorize payrnent. V. CRITERIA FOR CONCII,IATION During the per�od beginning with the f l'mg of a complaini and ending �with the agency's no cause determinafiion or charge of discriminatian, ihe agency, to the extent feasible, must attempt to conciliate the complaint. In concitiating a cor�plaint, agancies must attempt to achieve a just resolu�ion �f-the connplaint and obtain assurances that the - - respondent wi11 satisfactorily remedy any vialations of the rights of the complainant and take actions to ensure the elimination of alleged discrirninatory housing practices and ihe preventiQn of iheir occurrences in the future. These standards for conciliation remain zn effect even if canciliationlsettlement talces place afier the agency's cause deteimination. In addition to the apprapriate criterza set forth in subheadings I, II, and III above: A. Oualiiy Reguirements/Required Documenis: T11e FHAP agency znust pz'ovide HL7D witli a signed and dated coznplaint, a cliroz�oIogy of actions taken up io the conciliation, copies of closure ietters sent to the parties indicating that ihe complaint was closed due to a successful conciIiation, togetl�er with a copy of the executed conciliaiion agreement. Tlae conciliation agreert�ent zxiust be in writing, dated and signed by complainant, respondent, and tlle authoz'ized FHAP agency representative, and include: HUD and FHAP complaini numbers 2. Natnes of tl�e parties; 3. Address and description af the subject property; 4. An effective date and the fierm in which the agreement remains in effect; 5. Relief that remedies the d'zscrimination alleged in the complaint or is otherwise agreed upon by the parties and approprzate based on evidence obtained in the investigation of ihe matter; 6. As appropriate, relief ihat adequaiely vindicates the public inierest, and prohibits fu#ure discriminatory housing practices by respondent; A statement that the agreement canstitutes closure of the coinplaint at HUD and the FHEIP agency; 8. A statement that the agreement shall be made public unless the complainani and respondent otherwise agree, and an authorized representative of the agency determines that disclosure is not required to further the purposes of the substantially equivalene Iaw. Circumstances that may result in pat-�iat ar complete nondisclosure of a coziciliation agreeznent may include, but are not linnited to: - - - - -- --- ----- - - - ' . _. Sexual._harassment_claims;_ .. _.- -.-_....--.— --.---.-.-----.....- _- - - .. . . • A complainant's physical or mental condition, ar medical diagnoses; or � The fact thai a camplainant is a resident in a domesiic violence shelter or ather protected reszdence which complainant believes may, if discIosed, be a sat'ety risk. 9. Provisions that allow the FHAP agency to effectively monitor compliance 0 v��ith t11e a�reement. 10. A state�nent that vioiatiaz�s of other civil rights laws have been alleged (if app3icable). NOTE: A conciliatior� agreement does not prohibit HLTD fram taking action against respondent under other civil rtghts laws. When a complaint is subject to concurrent processing by HLTD under other civil z-igh�s laws, the FHAP agency may not eaeeute an agreement t11at resolves znatters in regard to these Iaws without HLTD's consent. VI. CRITERIA FOR CL{JSURES BY SETTLEMENT WITHOUT FHAP AGENCY INVOLVEMENT (A.KA., WITHDRAWALS WITH RESOLUfiION} If complaiziant and respondent �-esolve the complaint without the FHAP agency's involvexnent, the complainant may withdraw fihe complaint by subznitting a withdrawal requesi to the FI�Ap agency. In addition io the appropriate crzteria set forth in subheadings I, II, a��d III above: A. Quality Requixements. The withdrawal request must be written; it must be signed and dated by coxzzplainani or complainant's aufhorized representative; icie�ntify the respondent(s} to whom the withdrawal applies; contain the I�UD and FHAP agency conraplaint numbers; staie the reason(s) complainant seeks to withdraw the complaint; eontain a statement that the wi�hdrawal was not obtained by coercion ar threaf of reta.liation from any person, including but not limited to the respondent; and icientify the terms of the resolution. B. Required Documents: The FHAP agency must provide FHEO with: a signed and dated compIaint; a chronology af the FHAP agency actions prior to the withdrawal request; a copy of the signed and dated withdrawal request; documentation showing that the agency notified the complainant and respondent that the investigation would be terminated as a result of the withdrawal, and that the complainant could re-file the complaint if tbe terms of the resolution are not satzsfied and the re-filing is received within the time Iimit for filing a cornpIaint -_-.--- -under. the-substantial-l-y--equivalent Iaw; and a copy-of the-clos�re letter: - NOTE: The FHAP agency must not encourage or facilitate resalution withoui its invalvemeni in Jieu of proceeding vc+ith conciliaiion. If �IUD discovers that such accurred, it will be addressed through performance deficiency procedures. VII. CRITERIA FOR ADNIIlVISTRATIVE CLOSURES Performance Standard 2 in the FHAP regulations, at 24 C.�.R. § 115.206(e)(2}, requires that administrative closures only be utilized in lirnited and appropriaie circumstances. It is critical thai FHA.P agencies noi close complaints administratively except under the specific circumstances set forth below. A. Withdrawals without ResoIution. If complainant decides to withdraw a compiaint, even t�lough the coinplaint has not been xesolved, comptainant must subinit a withdrav�raI request. In addition ta the appropriate ci-iteria set forth in subheadings I, II, and III above: 1. Quaiity Requirements: The withdrawal request inust: be written; signed and dated by complainant or complainant's authorized representative; identify the respondez�t(s) to vvhom �he withdrawal applies; contain the HUD and FHAP agency complaini numbers; state the reason(s) comp�ainant seeks to withdraw the complaint; contain a statement ihat cozt�piainant is aware that the wiihdra�v✓al terminates the FHAP agency's investigation; contain a statement that the withdrawal was not obtained by coercion or threat of retalzation from any person, including but not limited to fihe respondent. 2. Requixed Documents: The FHA.P agency must provzde FHEO: a sib ed and dated comp�aznt; a chronology of FHAP agency actions prior to receipt of the withdrawal request; a copy of the signed and dated withdrawal request that meeis the Quality Requirements set out abo�ve; and a copy of the closure letter provided to all parties indicating closure due to withdrawal by complainant without resolution, NOTE: If the withdravval request indicates that there was coercion or threat of retaliation, F�TAP payment may be denied. B. Inabzlity to Locate Complainant. The FHAP agency may administratively close a complaint when additional information is needed frorn complainant and he or sh.e cannot be located. Zn addition io the appropriate criteria set forth in subheadings T, II, and III above: 4ualitv Requirements: If correspondence sent by �he agency is returned with an indication that the cornplainant moved and lefi no forwarding address, the agency must take the following progressive steps to locate the complainant befoxe administratively closing the complaint: a. PIace at least faur teiephone calls to com�lainant's residence, cell phone number, and place of employment, two during normal business hours to work number and iwo during non-business hours to a residential/cell number. If an email address is available, the 11 age�lcy xnusi attempt to emaiI the complainant at least two times. b. Attempt to cantact persans zdentified by campIainant at zntake to inquire as to complainamt's whereabouts. c. Check other sources in an effort to abtain complainant's current contact information (e.g., telephone directory, Internet searches, postal se�rvice, 411 information, utility company, or witnesses previously identified by complainani). d. Se�ad a Ietter to the complainant's last known address by cert�ed mail, advising complainant o�the agency's intent to close ihe case uniess complainaz�t contacts the agency withzn ten days. If the tenth day eIapses without a respanse, the case may be cIosed administratzvely by means of a vvritten notice sent ta ali parties, including complainant at camplainant's last lmown address. NOTE: If the �'IR. shows that the coznplaini was closed due to the inability to contact complainant without following the steps outlined above, the FHAP agency will not be reitnbursed for processing the camplaint. . 2. Required Documents: The FHAP agency must provide the following documentation to FHEO: a signed ax�d dated coznplaint; evidence that the above progressive steps were taken to locate camplaznant; evidence that fihe certified letter vc�as returned uncIaimed, and a copy of the closure letter sent to the parties indicaiing closure due to inability io locate coznplainant. C. Inabilit,�o Locate Respondent Tn addition to the ap�ropriate critexia set forth in subheadings I, II, and III above: 1. Oualitv Requirements: A FHAP agency must make every effort to identify the carrect name and address of each respondent in a complaint. However, there may be cixcumstances where a respondent cannot be identif ed or located. If tl�e complainf identifies multiple respondents and on]y one ---- - _ �_ -. . - . -cannot-be-adequately-identifed;-the agertcy must not close the complaint- adrninistrativeIy. Rather, the invest�gation must pxoceed and further efforts must be made during ihe investigation to identify the respondent whose correct narne or address remains unlcnown. The complaint may be amended to retnove those respandents who could not be located. If a sole respondent or all respondents cannoi be identified or located, the complaint nnay be closed administraiively if the agency first takes the following steps: 12 a. The FHAP agency must attempt to obfain additianal ixiformation frozn available sources that could resuIt in identifying or locating the respondent, including Internet searcIies, ce1] phone numbers, cross reference directories, or property tax records that nrtay identify the owner or prior residents of the property in questioa and provide enoUgh infartnation to identify ox locate the respondent, sezve the complainant, and begin the formal 'znvestiga�ion. b. If a saurce appears to know the identity or Iocation af a respondent that ihe FHAP agency seeks, but that source refuses to provide the information voluniarily, the FHAP agency must subpoena the infarmatian, c. As appropriate, the FHAP agency shouId attempt an on-site visit, which may help locate az�d identify the respondent. d. 7f the above efforis to Iocate ox identify the respondent are unsuccessful, a Ietter must be sent to the compIainant givin� him or her 10 days to provide znformation needed io locate or identify respondents. - NOTE: In the absence of sufficient infonnatzan, the case may be clased administrativeIy, and written notice by ragular and certified mail should be sent ta �-ie parties. Required Documents: The FHAP agency must provide the following documentation to FHEO: a signed and dated com.plaint; evidence tlaat the above progressive steps wexe taken to locate the respandeni, including the signed letters identified in 1(d} above giving notice io complainant or coznpIainant's representative, evidence that certified letters were returned unclaimed, and closure letters to complainant or complainant's rep�resentative indicating inability to locate respondent(s). D. Fail�tre of Complainant to Cooperate with ihe Investi�ation. A complaint may be administratively clased when complainant fails fa respond ta reasonable requests - � - - - for--information that is-needed-in-order- for-the �HAP agena� to make a - - - - - - --- - - determination. Tn addition to ihe appropriate criteria set forth in subheadings I, II, and III above: pualit�quirements: a. The F�-IAl' agency must inform fhe complainants and their representatives of their duty io cooperate with the investigation and the risk of the agency administratively closing the cornplaint if #hey fail ta 13 cooperate. The FHAP agency must make repeated atterz�pts to contact complainants and their representatives by telephane and mail z'equestin� il�►e needed infonnation. If these efforts are fruitless, the FHAP agency must send a Ietter to the cozr�pIainant by cez�ified mail return receipt giving complainani at least ten days from receipt of letter to provide ille needed information to the agency. c. If the camplainant's cooperation cannot be obtained using the above procedures, and the letter is not ret�zrned by the post office {i.e., inarked addressee unknown, moved, left no forwarding address, etc_), the complaint should then be closed fox failure to cooperate. d. If the coinplaint is closed for failure of complainant to coaperate with tlae investigat[on, a ciosure letter inust be sent to the compIainant. 2. Required Documents: The follawing documents must be provided to FHEO: a signed and dated coinplaint; evidence that the abo�ve progressive sieps were taken to obiain complainant's cooperation, including tiie signed letter identified in I(b} above giving notice to the complainant or the complainant's representative; and a copy of cIosure letter to the parties indicating closure because of faiIure of complainanf to cooperate with ihe investigation. E. Lack of Jurisdiction In addition to the appropriate criteria set forth in subheadings I, II, and III above: I. Quality Require�nents: Tn order to qualify for reimbursement, ihe lack of jurisdiction must noi have been apparent on the face of the complaint at the time of f�Iing, and must have become known only after furtber investigation. The following are examples of facts uncovered during an invesfigation that tnay justify 1•eimbuxsement for an admi.nistrative closure ..._._. for Iack of jurisdiction: _. a}_t�e complainant has not. suffered the alleged harm needed to establish standing; b) the subjectproperty qualifzes for an exemptian to coverage of both the Fair Housing Act and the substantially equivalent law. Note that iiHUD, but notthe agency, has jurisdictian over the cornplaint, ihe complaint must be referred to HUD for processing. 2. Required Documeniation: The FHAP agency must provide the following documentation to �HEO: reason(s) for closing the complaint for lack of jurisdiction that demonstrates why HUD does noi have jurisdiction, and that ihe Iack of jurisdiction could not have been determined at intake; 14 copies of closure Ieitex sent to the parties t�-►at indicate reason for lack of jurisdictian closure, identify FHAP and HUD complaint numbers, and are signed by auihorized FHAP agency official. F. Trial has Be�un A compIaint must not be closed xnerely because an aggrieved party has tiled a civil action with respectto the sazne alleged discritninatory housing practice(s). In addition to the appropriate criteria set forth in subheadings I, II, and TII above; 1. QuaIity Requireinents: No additionai criteria. 2. Required Documents: To receive reiLnbursement for an administrative closure due to the cammencement af a jndicial trial the FHA.P agency must produce: a document frorn the clerk of the court in the jurisdicrion that hears the campIaint or other sufficient dacumentation demonstrating that a trial has begcui. 15 A.TTACHMENT B FY2�01� Standards for '�'�imeliness Closures of InjTesti�ated Camt�Iaints 100 days or less: • Non-systennic cornplaints, not nove� or coznplex, that are settled or canciliaied. Includes witIldxawals with resalution. • Non-systemic complaints, not novel or complex, where a cause or no cause decision has been made, 304 days or less: • Systernic compZaints that az-e noveI or complex, that are settled ar conciliated. Includes withdrawals with resolution. 350 days or less • Systemic compIaints that are navei or complex, where a cause or no cause decision has been made. Adnr�inistrative Closures - Unable to tocate: I 00 days or less Lack of jurisdiction: 30 days or less Failure to cooperate: 60 days or less Withdrawal withoui resolution: 75 days or Iess Closed because trial comznenced: N/A Complaints that are reaciivated: N/A