RD Instruction 2000-GGG

Table of Contents

Page 1

PART 2000 - GENERAL

Subpart GGG - Memorandum of Understanding (MOU) between the United
States\
Department of Agriculture (USDA) and the United States\
Department of Housing and Urban Development (HUD)

## [TABLE OF CONTENTS]{.underline}

[Sec]{.underline}. [Page]{.underline}

2000.2901 Purpose. 1

2000.2902 Scope. 1

\(a\) Coverage provided by the Fair Housing Act. 1

\(b\) USDA programs covered. 3

\(c\) Type of complaints covered. 3

\(d\) Stages of complaint processing covered. 3

\(e\) Allegations of discrimination by USDA not covered. 3

2000.2903 Implementation. 4

\(a\) HUD's responsibility. 4

\(b\) USDA's responsibility. 4

\(c\) Determination of jurisdiction. 4

2000.2904 Receipt of allegations by USDA. 4

\(a\) Description of information to be collected. 4

\(b\) Communication within USDA by USDA personnel. 6

\(c\) Communication by USDA with HUD. 6

\(d\) Communication by USDA with the complainant. 7

2000.2905 Receipt of information by HUD. 8

\(a\) When HUD receives a claim of housing\
discrimination which involves a USDA program. 8

\(b\) HUD field staff and communication with USDA. 8

\(c\) HUD's communication with parties to\
USDA-involved complaints. 9

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[Sec]{.underline}. [Page]{.underline}

2000.2906 Conducting the investigation. 9

\(a\) Filing dates. 9

\(b\) Notification that a housing discrimination\
complaint has been received and will be\
investigated by HUD. 9

\(c\) Notification that the investigation will be\
conducted by a substantially equivalent\
State or local agency. 10

\(d\) Information sharing in furthering the\
investigation. 10

\(e\) Conduct of the investigation by USDA staff. 11

2000.2907 Issuing a Determination or a Finding in a

USDA-involved complaint. 11

\(a\) Fair Housing Act complaints investigated by HUD. 11

\(b\) Actions to be taken by USDA after\
receiving Notification of a Determination or\
other case closure from HUD. 12

\(c\) Complaints investigated by USDA. 12

\(d\) Enforcement after issuance of a Charge and/or\
findings of non-compliance. 12

2000.2908 Conciliation of USDA-involved complaints. 13

\(a\) Conciliation of Fair Housing Act cases by HUD. 13

\(b\) Conciliation of cases involving violations of\
the Fair Housing Act and non-compliance with\
regulatory requirements. 13

\(c\) HUD not to resolve Title VI, Section 504, or\
Age Discrimination non-compliance. 14

\(d\) Notification of settlement. 14

2000.2909 Monitoring. 14

\(a\) Monitoring open cases and case disposition. 14

\(b\) Monitoring conciliated settlements. 15

\(c\) Monitoring program progress. 15

RD Instruction 2000-GGG

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[Sec]{.underline}. [Page]{.underline}

2000.2910 Training. 15

2000.2911 Interpretations. 15

\(a\) USDA questions. 15

\(b\) HUD questions. 15

2000.2912 - 2000.2950 \[Reserved\]

Exhibit A - Memorandum of Understanding between the\
U.S. Department of Agriculture and the\
U.S. Department of Housing and Urban Development

Exhibit B - U.S. Department of Housing and Urban Development (HUD)\
Fair Housing Enforcement Centers

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RD Instruction 2000-GGG

PART 2000 - GENERAL

Subpart GGG - Memorandum of Understanding (MOU) between the United
States Department of Agriculture (USDA) and the United States Department
of Housing and Urban Development (HUD)

§ 2000.2901 [Purpose]{.underline}.

The purpose of this Instruction is to define the role of USDA, acting
through Rural Development (hereinafter referred to as USDA) for the
implementation of policies and procedures in accordance with the MOU\
(see Exhibit A) in effect between USDA and HUD. This Instruction will
provide guidance in coordinating the investigation, conciliation or
mediation, and resolution of fair housing complaints.

§ 2000.2902 [Scope]{.underline}.

\(a\) [Coverage provided by the Fair Housing Act (the
"Act")]{.underline}. This Instruction describes how USDA will respond to
allegations of housing discrimination which, if true, violate the Act.
The Act explicitly prohibits denial of housing, or of a housing related
service, or the provision of inferior terms and conditions of housing or
of a housing related service because of race, color, religion, sex,
national origin, familial status, or handicap. These prohibitions have
been interpreted to apply to a wide range of housing transactions. Some
examples of situations in which the Act applies are listed below:

\(1\) [Making discriminatory statements, including
advertising]{.underline}. The Act prohibits the making, printing, or
publishing of statements or advertisements which indicate a limitation,
discrimination or preference based on race, color, religion, sex,
national origin, familial status, or handicap.

\(2\) [The denial of housing-related financing]{.underline}. The Act
prohibits the denial of housing-related financing because of the race,
color, religion, sex, national origin, familial status, or handicap of
the individual seeking financing or any person associated with that
individual. The denial of housing-related financing because of the
predominate race or national origin in the surrounding neighborhood is
also prohibited.

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DISTRIBUTION: WSDC Administration

General

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§ 2000.2902(a) (Con.)

\(3\) [The denial of housing-related insurance]{.underline}. The denial
of mortgage, homeowners, or other housing-related insurance based on the
race, color, religion, sex, national origin, familial status, or
handicap of the applicant or any person associated with the applicant is
prohibited. The denial of mortgage, homeowner's, or housing-related
insurance based upon the race, color, religion, national origin,
familial status, or handicap status of persons residing in the
neighborhood surrounding the affected property is also prohibited.

\(4\) [The provision of inferior maintenance and repair
services]{.underline}. The Act prohibits the provision of inferior
maintenance and repair services based on the race, color, religion sex,
national origin, familial status, or handicap of the person requesting
the service or of the majority of residents of a particular building or
development.

\(5\) [Sexual or racial harassment]{.underline}. The Act prohibits
making housing, or the receipt of housing-related privileges,
conditional upon the granting of sexual favors. The Act also prohibits
the creation of a hostile environment based upon sex by the use of
sexually-oriented language or by engaging in sexually-oriented behavior
which is unwelcome and offensive. The Act also prohibits harassment of a
person because of race or national origin.

\(6\) [Reasonable accommodations]{.underline}. The Act requires that
housing providers make reasonable accommodations in policies and
procedures which are necessary to allow a person with a disability fair
housing opportunity. The Act also requires that housing providers allow
reasonable modifications to dwelling units which are necessary because
of an individual\'s handicap. **Note:** Under its authority under
section 504 of the Rehabilitation Act of 1973 ("Section 504"), USDA must
ensure that recipients of federal financial assistance
[provide]{.underline} reasonable accommodations.

\(7\) [Zoning and land use]{.underline}. The Act prohibits
municipalities from adopting or implementing zoning and land use
ordinances which are intended to prevent construction of housing likely
to attract a particular racial or ethnic group into a community. The Act
prohibits the adoption or implementation of land use ordinances which
have the effect of denying housing to a particular racial or ethnic
group. The Act prohibits municipalities from refusing to make a
necessary and reasonable accommodation to the disability of home-seekers
where the requested accommodation is a zoning variance or a conditional
use permit.

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RD Instruction 2000-GGG

§ 2000.2902(a) (Con.)

\(8\) [Steering]{.underline}. The Act prohibits \"steering,\" which is
defined as referring home seekers to residences in a particular
neighborhood or development based upon their protected class status. For
example, if a Realtor showed Hispanic home buyers only available houses
in Hispanic neighborhoods and did not make the Realtor's clients aware
of other suitable and affordable homes available in non-Hispanic
neighborhoods, the Realtor would be \"steering\" clients.

\(b\) [USDA programs covered]{.underline}. This Instruction applies to
processing discrimination complaints **involving housing** **financed**
in whole or part **through third parties**, *[e.g.]{.underline},*
borrowers or recipients, of USDA funds by Rural Development of the USDA,
including, but not limited to, the programs below:

Multi-Family Housing

Rental Assistance

Community Facilities

Community Fire Protection

Supervision and Technical Assistance

Farm Labor Housing

Housing Site Development

Housing Preservation

Water and Waste Disposal

Intermediary Relending

Rural Development Loan Fund

Business and Industry Direct Loans

Rural Business Enterprise Grants

\(c\) [Type of complaints covered]{.underline}. This Instruction applies
to complaints which are processed only as violations of title VIII of
the Act

("Title VIII"), as well as those processed both as potential violations
of Title VIII, title VI of the Civil Rights Act of 1964 ("Title VI"),
Section 504, and the Age Discrimination Act of 1975.

\(d\) [Stages of complaint processing covered]{.underline}. This
Instruction applies to each stage of complaint processing, from receipt
of the complainant\'s statement and establishment of jurisdiction,
conduct of the investigation, conciliation negotiations and through the
issuance of a determination or other closure of the complaint.

\(e\) [Allegations of discrimination by USDA not covered]{.underline}.
This Instruction does not apply to allegations that the USDA has
violated the Act. This situation will be addressed in separate guidance.

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§ 2000.2903 [Implementation]{.underline}.

\(a\) [HUD's responsibility]{.underline}. The Act assigns HUD primary
responsibility for enforcing the non-criminal sections of the Act, and
sole responsibility for making determinations, after investigation, of
whether there is reasonable cause to believe that the Act has been
violated. HUD\'s responsibilities include:

\(1\) Investigating allegations of housing discrimination;

\(2\) Attempting to conciliate discrimination complaints; and,

\(3\) Determining whether or not there is reasonable cause to believe
that the Act has been violated.

\(b\) [USDA's responsibility]{.underline}. Under Title VI, Section 504,
and the Age Discrimination Act of 1975, USDA is responsible for
investigation, conciliation or mediation, and resolution of complaints
of discrimination, and for referring unresolved complaints of
discrimination to the Department of Justice for appropriate action. As
used within this Instruction, all references to Rural Development Civil
Rights Staff refer to the staff of the Headquarters Office, in
Washington, DC.

\(c\) [Determination of jurisdiction]{.underline}. The initial
determination that USDA and HUD have jurisdiction over the particular
persons and issues involved in a given complaint is the first step of
the process that also includes investigating, conciliating, and
resolving fair housing complaints.

§ 2000.2904 [Receipt of allegations by USDA]{.underline}.

To the greatest extent possible, USDA staff will determine whether there
is apparent jurisdiction under the Act to investigate and resolve a
given complaint before forwarding the complaint to HUD.

\(a\) [Description of information to be collected]{.underline}. When
USDA receives a claim alleging conduct which, if true, could constitute
a violation of the Fair Housing Act, USDA staff will refer it to the
appropriate Rural Development State Civil Rights Coordinator or Manager.
He or she will interview the complainant to elicit the information
necessary for a

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RD Instruction 2000-GGG

§ 2000.2904(a) (Con.)

determination as to whether the complaint is jurisdictional. This
information gathering may be accomplished in person, by telephone or
facsimile, electronically, or by other appropriate means. The
information which must be gathered must answer the following questions:

\(1\) Who has been harmed by the alleged discrimination?

\(i\) The identity and address of the aggrieved person or persons must
be included. Each person harmed by the alleged discrimination should be
named. The list may include minor members of the affected household.

\(ii\) The complainant must articulate the injury upon which the
complaint is based. This injury may be monetary, as in the case of a
Realtor who says: \"I lost a commission for sale of the house because
the sellers would not accept an offer from my Hispanic clients.\" An
injury may also be emotional, as in the case of a woman who says \"My
landlord put his arms around me and tried to kiss me in front of my
children. I was humiliated and my children were upset.\" Or an injury
may involve a loss of housing, as in the case of a man who says
\"Because the landlord would not allow the ramp we needed after my
wife\'s stroke, we were forced to leave the building where we had lived
for twenty years.\"

\(2\) Who is responsible for the alleged discrimination?

\(i\) The name and address of the respondent or respondents, if known or
discoverable, must be included. This will be the person or persons who
are alleged to have committed the act, or the person in authority to
make the decision which are alleged to have harmed the complainant, as
well as the owner of the building involved if an agent was acting on the
owner's behalf.

\(ii\) Where complainants have been harmed by acts of violence related
to their exercise of fair housing rights and the respondents are
unknown, complaints can be accepted, at least initially, as filed
against "John Doe".

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§ 2000.2904(a) (Con.)

\(3\) Where did the alleged discrimination occur? A description and
address of the dwelling which was involved must be included. Information
about the size and configuration of the dwelling involved in the
complaint ([i.e.]{.underline}, \"a side-by-side duplex, a unit in a
200-unit apartment complex, a newly constructed single-family home,
etc.), may be critical to determining jurisdiction in the complaint.

\(4\) What happened that was discriminatory? A concise statement of the
allegations, including pertinent facts constituting the alleged
discriminatory housing practice.

\(5\) When did the discrimination occur? Complaints filed under the Act
must be filed within one year (365 days) of the alleged discrimination.
When a complaint involves a continuing series of related acts of
discrimination, the complaint must be filed within one year of the LAST
instance of the discriminatory behavior to be timely.

\(6\) All of the above information must be reduced to writing and
attached to any supporting documents provided by the complainant. In
addition, information on a contact person (such as a mother, sibling, or
friend) who will always know how to reach the complainant should be
included.

\(b\) [Communication within USDA by USDA personnel]{.underline}.

\(1\) The Civil Rights Coordinator or Manager will pass on the
information described above through to the Rural Development Civil
Rights Staff of USDA, and to USDA's National Office of Civil Rights.

\(2\) Rural Development Civil Rights Staff will verify that the
complaint is jurisdictional and assign a tracking number (such number
will conform with the National Office of Civil Rights' Program complaint
tracking system).

\(c\) [Communication by USDA with HUD]{.underline}.

\(1\) Rural Development Civil Rights Staff of USDA is responsible for
forwarding materials related to fair housing claims to the appropriate
HUD enforcement center (see Exhibit B for addresses and RD Guide Letter
2000-GGG-1 for the letter format). Each packet of materials forwarding
an allegation to HUD will include:

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RD Instruction 2000-GGG

§ 2000.2904(c) (Con.)

\(i\) [The complainant\'s information]{.underline}. Copies of any
statements and supporting documents made by the complainant to USDA
regarding his or her claim. USDA should maintain its own copy of these
materials in the field office for the period during which the complaint
is open and under investigation.

\(ii\) [A USDA case number]{.underline}. A tracking number will have
been assigned by the Rural Development Civil Rights Staff.

\(iii\) [A copy of the notification letter sent to the
complainant]{.underline}.

\(2\) Concurrent with the forwarding of materials to HUD, Rural
Development Civil Rights Staff will notify the appropriate USDA State
Civil Rights Coordinator or Manager, through the State Director, that
the complaint has been accepted and referred to HUD for investigation.

\(d\) [Communication by USDA with the complainant]{.underline}. Rural
Development's Civil Rights Staff will be responsible for notifying the
complainant, by certified letter (see RD Guide Letter 2000-GGG-2) that
the complaint of discrimination has been forwarded to HUD. Notification
letters will:

\(1\) Include a brief explanation of the complainant\'s rights under the
Act;

\(2\) Explain that the complaint is being reviewed for investigation by
both HUD and USDA;

\(3\) Report USDA\'s preliminary determination whether the complaint
should be handled solely by HUD or whether, due to the nature of the
complaint and applicable law, USDA will investigate the claim or
complaint concurrently under its authority under Title VI, or any other
relevant authority; and

\(4\) Include the address and toll-free telephone number of the HUD
office which will be responsible for investigating the claim.

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§ 2000.2905 [Receipt of information by HUD]{.underline}.

\(a\) [When HUD receives a claim of housing discrimination which
involves a USDA program]{.underline}. HUD field staff receiving notice
of alleged housing discrimination which, if true, would violate the Act,
and which involves a program administered by USDA, will:

\(1\) Follow HUD's normal "Assess" process, collecting the information
described in section 2000.2904(a) of this Instruction. Upon conclusion
of the Assess process, HUD field staff will determine, in a preliminary
fashion, which Federal statutes other than the Act may have been
violated by the alleged discrimination.

\(2\) HUD field staff will assign a tracking number and a filing date to
the subject complaint. IMPORTANT: All complaints involving USDA programs
will be "flagged" in the "Integrated Title Eight Tracking System"
(ITTS). This will be done, effective immediately, by checking a box in
the area of the ITTS system where HUD staff had previously noted
concurrent processing by State and local agencies. As HUD data tracking
systems are upgraded, further information on how to attach a data
identification tag to USDA-involved complaints will be provided.

\(b\) [HUD field staff and communication with USDA]{.underline}. Upon
receipt of an Act complaint, or upon becoming aware of a possible
violation of the Act involving a housing-related program or activity
administered by USDA, HUD will:

\(1\) Forward to Rural Development's Civil Rights Staff, and through
that staff to the National Office of Civil Rights of USDA, a copy of the
HUD complaint form, with a case number for tracking purposes, and the
location, address, and phone number of the HUD enforcement center where
the complaint will most likely be investigated. USDA will acknowledge
receipt of the referral and provide HUD with similar information
utilizing RD Guide Letter

2000-GGG-3.

\(2\) Advise USDA of other civil rights statutes that may apply. The
letter of notification sent by HUD to USDA will include information on
other anti-discrimination laws that may apply, including Title VI,
Section 504, and the Age Discrimination Act.

\(3\) Provide USDA with a copy of the notification letter sent to the
parties.

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RD Instruction 2000-GGG

§ 2000.2905 (Con.)

\(c\) [HUD\'s communication with parties to USDA-involved
complaints]{.underline}. Within 10 days of determining that the subject
matter and parties of the complaint are jurisdictional under the Act,
HUD will notify the parties in writing of their rights under the Act,
including the right to conciliation. In addition, the notification will
explain that the claim or complaint may also be investigated as a
violation of other civil rights statutes by USDA.

§ 2000.2906 [Conducting investigations]{.underline}.

\(a\) [Filing dates]{.underline}.

\(1\) Regardless of which Department serves as first point of contact
for the complainant, the filing date for Act complaints will be the day
upon which HUD determines that sufficient information has been received.

\(2\) For purposes of the time limitations to file claims or complaints
of housing discrimination under the Act, (42 U.S.C. 3610(a)), such
limitation shall be met upon the receipt of a claim or complaint by
either Department.

\(b\) [Notification that a housing discrimination complaint has been
received and will be investigated by HUD]{.underline}. HUD will promptly
acknowledge receipt of complaints referred by USDA. This acknowledgment
will provide USDA with the following information:

\(1\) HUD filing date

\(2\) HUD case number

\(3\) The name, address, and telephone number of the investigator and
the supervisor responsible for conducting the investigation.

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§ 2000.2906 (c) (Con.)

\(c\) [Notification that the investigation will be conducted by a
substantially equivalent State or local agency]{.underline}. If a
complaint referred to HUD by USDA involves alleged discrimination
occurring within a State or municipality recognized by HUD as
substantially equivalent, HUD field staff will:

\(1\) Refer the complaint according to normal processes;

\(2\) Dispatch notification that the complaint is to be investigated by
a State or local agency to USDA;

\(3\) Provide both an agency and a HUD contact to USDA investigators;
and

\(4\) Continue to serve as the primary source of information to USDA
about cases being processed by state and local agencies.

\(d\) [Information sharing in furthering the investigation]{.underline}.

\(1\) HUD and USDA agree to cooperate in the collection of information
necessary to determine whether the Act, Title VI, Section 504, or the
Age Discrimination Act have been violated. To this end, each HUD field
staff will notify the USDA field staff, in a timely fashion, of on-site
visits scheduled during the investigation.

\(2\) When a fair housing complaint is filed against a participant in a
USDA sponsored program, USDA may possess records of on-site visits,
tenant certifications, fair housing marketing plans, and compliance
reviews which would greatly aid the conduct of a fair housing
investigation. Upon request, copies of relevant USDA site documents
shall be forwarded to HUD within 7 days. Relevant site documents may
include, but are not limited to, compliance reviews, tenant
certifications, and fair housing marketing plans.

\(3\) In addition, all USDA staff will make themselves available to the
greatest extent possible to provide technical assistance on programmatic
requirements to HUD fair housing staff.

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RD Instruction 2000-GGG

§ 2000.2906 (Con.)

\(e\) [Conduct of the investigation by USDA staff]{.underline}.

\(1\) HUD fair housing staff will share with USDA copies of
correspondence, summaries from interviews, investigative reports, and
other related information subject to relevant privacy provisions.

\(2\) USDA will notify HUD, in a timely fashion, of plans to go on-site
for record review, tenant interviews, and so on, as part of an
investigation.

\(3\) In addition, HUD staff will make themselves available, to the
greatest extent possible, to provide technical assistance on the
implementation of federal fair housing laws.

§ 2000.2907 [Issuing a Determination or a Finding in a USDA-involved
Complaint]{.underline}.

\(a\) [Act complaints investigated by HUD]{.underline}. When HUD staff
completes an investigation into a USDA-involved fair housing complaint,
USDA will be advised of the outcome as follows:

\(1\) Administrative Closure. If the complaint is closed because the
complainant cannot be located, or has withdrawn the claim, or for other
administrative reason, HUD will forward a copy of the closure letter
sent to the primary complainant to the Rural Development Civil Rights
Staff (National Office).

\(2\) Finding of No Reasonable Cause. If the complaint is closed with a
Finding of No Reasonable Cause to believe that the Act has been
violated, HUD will provide USDA, with a copy of the Determination issued
in the complaint and the Final Analysis and Investigative Report
("FAIR"). These documents will be sent to Rural Development Civil Rights
Staff.

\(3\) Complaints that are Charged. If a charge is issued in the
complaint, USDA will be notified immediately, and in advance of party
notification, by telephone or facsimile, of the issuance of the charge.
HUD will send a copy of the Determination, the Charge of Discrimination,
and the FAIR to the Rural Development Civil Rights Staff.

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§ 2000.2907 (Con.)

\(b\) [Actions to be taken by USDA after receiving Notification of a
Determination or other case closure from HUD]{.underline}.

\(1\) Upon receiving a copy of the Determination and investigative
report from HUD, USDA shall review the documents and other relevant
materials, and make a determination, if it has not already done so, as
to whether it will proceed with its own investigation or decision under
the appropriate civil rights provisions (Title VI, Section 504, and/or
the Age Discrimination Act).

\(2\) USDA shall notify HUD, the complainant, and the respondents
whether it is pursuing a concurrent investigation within two weeks of
making its decision. USDA shall provide HUD with a copy of the
preliminary investigation report within two weeks of filing the report
with the USDA Office of Civil Rights. USDA shall provide HUD, the
complainants, and the respondents with a copy of the findings within two
weeks of receipt of the final decision.

\(c\) [Complaints investigated by USDA]{.underline}.

\(1\) When the USDA concludes its inquiry into allegations of
discrimination filed under Title VI, Section 504, or the Age
Discrimination Act, USDA will notify HUD of the outcome.

\(2\) The Notification of Findings will be issued by USDA\'s Rural
Development Civil Rights Staff and will be mailed directly to the HUD
Enforcement Center responsible for the region in which the alleged
discrimination occurred.

\(d\) [Enforcement after issuance of a Charge and/or of findings of
non-compliance]{.underline}.

\(1\) HUD will cooperate in preparing for legal proceedings intended to
enforce the Act, Title VI, Section 504, and the Age Discrimination Act.
USDA will cooperate in providing testimony by all its relevant staff or
officials regarding the operation of programs or activities administered
by USDA, and assistance in preparing evidence relevant to the operations
of such programs and activities. HUD agrees to cooperate in providing
testimony by its staff or officials in USDA proceedings, and to assist
in preparing evidence relevant to such proceedings.

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RD Instruction 2000-GGG

§ 2000.2907(d) (Con.)

\(2\) It is recognized that the ability of HUD and USDA to share
information may be limited by legal considerations, including but not
limited to the Privacy Act, applicable privileges, federal law, court
orders, or special confidentiality agreements. In such cases, the
parties will confer for the purpose of determining what information can
be made available without compromising restrictions on the availability
of such information. To the greatest extent possible, HUD and USDA will
cooperate in investigating complaints of housing discrimination.

§ 2000.2908 [Conciliation of USDA-involved complaints]{.underline}.

\(a\) [Conciliation of Fair Housing Act cases by HUD]{.underline}. HUD
staff, and, when appropriate, staff of substantially equivalent State
and local agencies, will provide opportunities for conciliation to the
parties as required by statute during the investigation of USDA-involved
complaints. During the conciliation process, HUD will rely upon USDA
staff for technical assistance in crafting remedies that may impact on
the implementation of USDA programs.

\(1\) In general, conciliation agreements shall be drafted by HUD and
signed by the parties and by the Secretary of HUD\'s designee
representing the public interest.

\(2\) When the proposed remedy has an affect on USDA\'s implementation
of a given program, USDA staff will be involved in crafting the remedy
and the Secretary of Agriculture\'s designee will be a signatory to the
agreement.

\(b\) [Conciliation of cases involving violations of the Act and
non-compliance with regulatory requirements]{.underline}. HUD and USDA
agree to cooperate in resolving complaints which, if true, would violate
both the Act, and Title VI, Section 504, or the Age Discrimination Act.

\(1\) If a complainant or respondent in an Act case or complaint handled
by HUD seeks to resolve any allegations of discrimination pending before
USDA under Title VI, Section 504, or the Age Discrimination Act, HUD
shall consult with USDA as to the terms in a conciliation, mediation ,
or settlement agreement.

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§ 2000.2908(b) (Con.)

\(2\) If a complainant or respondent in a case or complaint handled by
USDA under Title VI, Section 504, or the Age Discrimination Act, seeks
to resolve any claim or complaint, or allegation of discrimination also
pending before HUD under the Act, USDA shall consult with HUD as to the
terms of the conciliation, mediation, or settlement agreement.

\(c\) [HUD not to resolve Title VI, Section 504, or Age Discrimination
non-compliance]{.underline}. No allegation of discrimination pending
before USDA under Title VI, Section 504, or the Age Discrimination Act,
which is also pending before HUD pursuant to the Act, may be resolved by
HUD as to Title VI, Section 504, or the Age Discrimination Act, without
the express consent of the Under Secretary for Rural Development or the
Under Secretary's designee. However, HUD may conciliate cases or settle
complaints under the Act involving allegations of discrimination by a
participant in a program or activity assisted by USDA without the
express consent of USDA.

\(d\) [Notification of settlement]{.underline}. USDA and HUD will each
notify the other of any action taken regarding matters described in this
section within 14 calendar days after such action is taken.

\(1\) When HUD seeks to notify USDA of a settlement, the notification
will be sent by HUD\'s field enforcement staff to the Rural Development
Civil Rights Staff.

\(2\) When USDA seeks to notify HUD of a settlement, the notification
will be sent by the Rural Development Civil Rights Staff to the
appropriate field enforcement center for HUD.

§ 2000.2909 [Monitoring]{.underline}.

\(a\) [Monitoring open cases and case disposition]{.underline}.
Effective immediately:

\(1\) HUD personnel will begin tracking ("flagging") USDA-involved
complaints in the ITTS as described at § 2000.2905(a)(2) of this
Instruction.

\(2\) Upon request of the Assistant Secretary for Fair Housing, HUD will
provide the USDA with computer generated reports on the USDA-involved
cases presently under investigation by HUD. Such reports will include:

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RD Instruction 2000-GGG

§ 2000.2909(b) (Con.)

\(i\) The names and addresses of the leading complainant and the leading
respondent.

\(ii\) The HUD case number;

\(iii\) The status; and,

\(iv\) The date the complaint was filed.

\(b\) [Monitoring conciliated settlements]{.underline}. Monitoring
conciliated agreements resolving Title VIII complaints will be conducted
by HUD field enforcement staff. Allegations that a conciliation
agreement has been breached will be investigated by HUD field
enforcement staff. A brief report of evidence supportive of the
allegation of breach will be prepared and forwarded to HUD Headquarters
and to the Rural Development Civil Rights Staff (the Civil Rights Staff
will inform the USDA Office of Civil Rights). HUD Headquarters will
review the evidence and, if appropriate, refer the matter to the U.S.
Department of Justice for enforcement.

\(c\) [Monitoring program progress]{.underline}. HUD and USDA will meet,
not less than annually, to discuss the operation of the MOU, make
recommendations for improvements, and clarify the status of particular
investigations.

§ 2000.2910 [Training]{.underline}.

HUD and USDA will cooperate in staff training on the Act, relevant
activities related to housing or urban development, and on the operation
of USDA programs.

§ 2000.2911 [Interpretations]{.underline}.

\(a\) [USDA questions]{.underline}. Any questions within USDA concerning
this Instruction should be directed to the Program Compliance Chief of
the National Office Civil Rights Staff at (202) 690-9810 (Voice),\
(202)-690-9809 (TTY), or (202)-690-9803 (FAX).

\(b\) [HUD questions]{.underline}. Any questions within HUD should be
directed to Director, Office of Enforcement, the Office of Fair Housing
and Equal Opportunity at (202) 708-0836.

§§ 2000.2912 - 2000.2950 \[Reserved\]

Attachments: Exhibits A and B.

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## 

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 1

**MEMORANDUM OF UNDERSTANDING**

**BETWEEN THE**

**U.S. DEPARTMENT OF AGRICULTURE**

**AND THE**

**U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT**

**1. Purpose**

This agreement between the United States Department of Agriculture
(USDA) and the United States Department of Housing and Urban Development
(HUD) defines procedures to coordinate the investigation and resolution
of complaints alleging violations of the Fair Housing Act (Title VIII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act\
of 1988 (42 U.S.C. 3601‑3619)).

It is recognized that HUD is responsible under law for enforcing the
Fair Housing Act. In so doing, HUD is required to investigate
allegations of housing discrimination, attempt conciliation of fair
housing complaints, and determine whether there is reasonable cause to
believe discrimination has occurred under the Act. Upon finding
reasonable cause, HUD must bring the case before an administrative law
judge, or if any party elects to have claims or complaints decided in a
civil action, HUD must refer the complaint to the Department of Justice
for prosecution in U.S. District Court.

Further, it is recognized that USDA is required by Section 808 of the
Fair Housing Act and Executive Order 12892 to administer its programs
and activities relating to housing and urban development in a manner
affirmatively to further fair housing. In addition, it is recognized
that USDA, under Title VI of the Civil Rights Act of 1964 (Title VI),
the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973,
is responsible for ensuring that recipients of federal financial
assistance through USDA do not discriminate. In so doing, USDA is
required to investigate and conciliate complaints of discrimination and
to refer unresolved complaints of discrimination to the U.S. Attorney
General for appropriate action.

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 2

**2. Scope**

The scope of this MOU is limited to complaints of alleged discrimination
asserting a violation of the Fair Housing Act that are filed against
participants in housing-related programs and activities administered by
USDA.

For the purposes of this memorandum, the term \"complaint\" shall by
used as it is currently defined by both HUD and USDA in their respective
regulations. In the case of USDA, the term covers both formal and
informal complaints; for HUD, it covers both claims or complaints and
complaints.

This memorandum does not cover complaints alleging that USDA has
violated the Fair Housing Act. The disposition of such complaints will
be addressed at a future date in a separate Memorandum of Understanding.

**3. Affirmatively furthering fair housing.**

In accordance with section 808(d) and (e) of the Fair Housing Act and
Executive Order 12892, the Department of Agriculture affirms its
commitment to administer its programs and activities related to housing
and urban development in a manner affirmatively to further fair housing.
USDA shall make affirmative efforts to ensure that participants in
housing-related programs and activities do not discriminate in the sale
or rental of housing or in the provision of housing-related services in
violation of the Fair Housing Act. If USDA finds that discrimination in
the sale or rental of housing or in the provision of housing-related
services has occurred in its programs or activities, USDA shall take
action, to the fullest extent permitted by law, to remedy the effects of
such discrimination.

In addition, USDA shall make affirmative efforts to overcome the effects
of conditions that resulted in limiting participation by persons
protected by the Fair Housing Act in its programs related to housing and
urban development.

To implement this section, USDA will undertake a review of its programs
and activities related to housing or urban development, all relevant
practices and procedures, and its related regulations, handbooks, and
other written guidance materials, and revise them as necessary. The
review will also seek to identify and eliminate impediments to fair
housing choice that may be found in the design or operation of USDA
programs. Upon request by USDA, HUD\'s Office of Fair Housing and Equal
Opportunity (FHEO) will provide technical assistance in such a review
and suggest appropriate revisions.

RD Instruction 2000-GGG

Exhibit A

Page 3

Furthermore, USDA agrees to train its program administration staff
regarding nondiscrimination in the sale or rental of housing and the
provision of housing-related services and affirmatively furthering fair
housing requirements. HUD/FHEO will assist in such training upon
request.

**4. Receipt of Claims or Complaints of Alleged Discrimination - USDA as
Initial Contact**

When USDA receives a claim or complaint alleging conduct which, if true,
would constitute a violation of the Fair Housing Act, the parties shall
proceed as follows. (As used herein, \"upon receipt\" shall normally
mean within two weeks.)

> \(A\) Upon receipt of the allegation, USDA shall:

1\) Forward a copy to the HUD Fair Housing Enforcement Center in the
region where the alleged discrimination took place. Each allegation
shall be accompanied by a USDA case number for tracking purposes, a copy
of the letter sent to the complainant pursuant to (2) below, and an
initial determination by USDA as to whether the complaint should be
handled solely by HUD or whether, due to the nature of the complaint and
the applicable law(s), USDA will investigate the claim or complaint
concurrently under its authority under Title VI or any other relevant
authority.

> 2\) Mail a letter to the complainant notifying him or her that the
> allegation has been forwarded to HUD, explaining what his or her
> rights are under the Fair Housing Act, and explaining that the
> complaint is being reviewed for investigation by both HUD and USDA.
> The letter shall also:

\(a\) State that USDA and HUD may share copies of correspondence,
summaries from interviews, investigative reports, and other related
information, subject to the provisions of Section 7 of this Memorandum.

> \(b\) Include information on the other anti-discrimination laws that
> may apply, including Title VI, the Age Discrimination Act of 1975, and
> the Rehabilitation Act\
> of 1973.

\(c\) Indicate that the complaint may be investigated by HUD and/or
USDA, separately or jointly, depending on the nature of the complaint
and the applicable law.

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 4

\(B\) After receiving an allegation referred by USDA, HUD shall:

> 1\) Send a letter of acknowledgment to USDA that includes, but is not
> limited to, the HUD case number assigned to the claim or complaint,
> and the location, address, and telephone number of the office where
> the claim or complaint will most likely be investigated.

2\) Within 10 days, attempt to contact the complainant to begin the
development of a complaint that can be accepted by HUD for further
investigation.

3\) Upon determining that it has jurisdiction over the complaint, draft
and file a complaint. HUD will notify the complainant in writing of his
or her rights under the Fair Housing Act.

4\) Within 10 days of determining that it has jurisdiction over the
complaint, notify the respondent in writing of his or her rights under
the Fair Housing Act, including HUD\'s jurisdiction, and that the claim
or complaint may also be investigated as a violation of other civil
rights statutes by USDA.

**5. Receipt of Allegations of Discrimination \-- HUD as Initial
Contact**

When HUD receives a claim or complaint alleging conduct that, if true,
would constitute a violation of the Fair Housing Act, or upon HUD\'s
becoming aware that such alleged conduct involves a housing-related
program or activity administered by USDA, the parties shall proceed as
follows:

> \(A\) Upon receipt of a Fair Housing Act claim or complaint or upon
> becoming aware of a possible violation of the Fair Housing Act
> involving a housing-related program or activity administered by USDA,
> HUD shall:

1\) Forward to USDA a copy of the allegations made, with a case number
for tracking purposes, and the location, address, and phone number of
the HUD Fair Housing Enforcement Center where the complaint will most
likely be investigated.

2\) Within 10 days of receiving the claim or complaint, attempt to
contact the complainant to begin the process of determining whether a
claim or complaint or inquiry is jurisdictional.

RD Instruction 2000-GGG

Exhibit A

Page 5

3\) Upon determining that it has jurisdiction over the complaint, draft
and file a complaint. HUD will notify the complainant in writing of his
or her rights under the Fair Housing Act, including HUD\'s jurisdiction,
and inform the complainant that the claim or complaint may also be
investigated as a violation of other civil rights statutes by USDA. The
letter shall also:

\(a\) State that USDA and HUD may share copies of correspondence,
summaries from interviews, investigative reports, and other related
information, subject to Section 7 of this Memorandum.

\(b\) Include information on other anti-discrimination laws that may
apply including Title VI, the Rehabilitation Act\
of 1973, and the Age Discrimination Act of 1975.

> 4\) Within 10 days of determining that it has jurisdiction over the
> complaint, HUD will notify the respondent in writing of his or her
> rights under the Fair Housing Act, including HUD\'s jurisdiction, and
> that the claim or complaint may also be investigated as a violation of
> other civil rights statutes by USDA.
>
> \(B\) Upon receipt of a copy of a claim or complaint referred by HUD,
> USDA shall send a letter of acknowledgment to HUD that will include
> the case number assigned to the complaint by USDA; the location,
> address, and phone number of the USDA office where the complaint would
> most likely be investigated; and an initial determination as to
> whether, due to the nature of the claim or complaint, USDA will
> investigate the claim or complaint concurrently under its own
> authority or will investigate jointly with HUD.

**6. Response to Official Notice from Either HUD or USDA**

> \(A\) At any time that USDA or HUD closes a complaint subject to this
> agreement, the department closing the complaint will notify the other
> department, the complainant, and the respondent.
>
> \(B\) Upon request, each department shall send a copy of any materials
> subject to this Memorandum to the other department, subject to the
> provisions of Part 7, below.

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 6

**7. Sharing of Documents**

> \(A\) Except as provided in (D), copies of all communications from
> complainants, respondents, and witnesses (or potential witnesses) and
> letters from each department to such persons shall be shared by the
> departments during a joint investigation or upon request when joint
> investigations are not underway. Such a request may be prospective.
>
> \(B\) Copies of relevant USDA site documents shall be forwarded to HUD
> within 7 days of a request for such documents. Relevant site documents
> shall include, but not be limited to, compliance reviews, tenant
> certifications, and fair housing marketing plans.
>
> \(C\) USDA and HUD agree to cooperate in preparing for legal
> proceedings intended to enforce the Fair Housing Act, Title VI, the
> Age Discrimination Act of 1975, and the Rehabilitation Act of 1973.
> USDA agrees to cooperate in providing testimony by its staff or
> officials regarding the operations of programs or activities
> administered by USDA and assistance in preparing evidence relevant to
> the operations of such programs and activities. HUD agrees to
> cooperate in providing testimony by its staff or officials in USDA
> proceedings and to assist in preparing evidence relevant to such
> proceedings.
>
> \(D\) It is recognized that the ability of HUD and USDA to share
> information may be limited by legal considerations, including but not
> limited to the Privacy Act, applicable privileges, federal law, court
> order, or special confidentiality agreements. In such cases, the
> parties will confer for the purpose of determining what information
> can be made available without compromising restrictions on the
> availability of such information.

**8. Joint Investigations**

To the greatest extent possible, HUD and USDA shall cooperate in the
conduct of investigations involving alleged discrimination under the
Fair Housing Act. HUD shall coordinate any joint investigation. At a
minimum, such cooperation shall include:

> \(A\) Timely notice to the other department of any site visit;
>
> \(B\) Consultation with the other department regarding approaches to
> the investigation;

RD Instruction 2000-GGG

Exhibit A

Page 7

> \(C\) Forwarding to the other department a copy of the accepted
> complaint, together with notes from the interviews conducted in the
> development of the complaint and preliminary investigation, subject to
> the provisions of Part 7, above; and,
>
> \(D\) Technical assistance on how USDA programs and activities
> operate.

**9. Conciliation, Informal Resolution, and Sanctions**

> \(A\) HUD and USDA agree to cooperate in the resolution of complaints
> which, if true, would violate both the Fair Housing Act and Title VI
> of the 1964 Civil Rights Act, the Rehabilitation Act of 1973, or the
> Age Discrimination Act of 1975.
>
> \(B\) If a complainant or respondent in a Fair Housing Act case or
> complaint handled by HUD seeks to resolve any allegations of
> discrimination pending before USDA under Title VI, the Rehabilitation
> Act of 1973, or the Age Discrimination Act of 1975, HUD shall consult
> with USDA as to whether such terms can be included in a conciliation
> or settlement agreement, and if so, what the terms should be.
>
> \(C\) If a complainant or respondent in a case or complaint handled by
> USDA under Title VI, the Rehabilitation Act of 1973, or the Age
> Discrimination Act of 1975, seeks to resolve any claim or complaint or
> allegation of discrimination also pending before HUD under the Fair
> Housing Act, USDA shall consult with HUD as to whether such terms can
> be included in a conciliation or settlement agreement, and if so, what
> the terms should be.
>
> \(D\) No allegation of discrimination pending before USDA under Title
> VI, the Rehabilitation Act of 1973, or the Age Discrimination Act of
> 1975, which is also pending before HUD pursuant to the Fair Housing
> Act, may be resolved by HUD as to Title VI, the Rehabilitation Act of
> 1973, or the Age Discrimination Act of 1975, without the express
> consent of USDA.
>
> However, HUD may conciliate cases or settle complaints under the Fair
> Housing Act involving allegations of discrimination by a participant
> in a program or activity assisted by USDA without the express consent
> of USDA.
>
> \(E\) USDA and HUD shall each notify the other of any action taken
> regarding matters described in this section within two weeks of such
> action.

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 8

**10. Closings, Determinations, and Final Decisions**

> \(A\) Each party agrees to notify the other of:
>
> 1\) The date and the reason that a complaint is closed;
>
> 2\) Any determination that the Fair Housing Act, Title VI, the
> Rehabilitation Act of 1973, or the Age Discrimination Act of 1975, has
> or has not been violated, including copies of any documents on which
> that determination was based, to the extent available under the law
> and subject to the provisions of Part 7, above;
>
> 3\) Any referral of a claim or complaint by either department to the
> Department of Justice or other federal enforcement body or election by
> the complainant or respondent in a Fair Housing Act case to have the
> charges adjudicated in U.S. District Court;
>
> 4\) The issuance of a final decision after an administrative hearing
> or trial before a U.S. District Court; and,
>
> 5\) Any other matters concerning the closure of a complaint or
> relating to the reasonable cause determination, including conciliation
> or settlement of the complaint or the imposition of sanctions, as set
> forth in Part 9, above.
>
> \(B\) HUD shall forward to USDA any determination that the Fair
> Housing Act has or has not been violated within two weeks of making
> such determination. HUD shall attach the Final Investigative Report.
>
> \(C\) After receiving a copy of the determination and investigative
> report from HUD, USDA shall review the documents and other relevant
> materials and make a determination, if it has not already done so, as
> to whether it will proceed with its own investigation under the civil
> rights provisions cited in Section 1 of this agreement.
>
> \(D\) USDA shall notify HUD, the complainant, and the respondents
> whether it is pursuing a concurrent investigation within two weeks of
> making its decision. USDA shall provide HUD, the complainants, and the
> respondents with a copy of the preliminary investigation report within
> two weeks of filing the report with the USDA civil rights office.

RD Instruction 2000-GGG

Exhibit A

Page 9

**11. Monitoring**

> \(A\) HUD and USDA shall each maintain a cumulative list of complaints
> involving housing-related programs and activities administered by
> USDA, including:
>
> 1\) The name of the complainant
>
> 2\) The address and phone number of the complainant
>
> 3\) The case number of the complaint
>
> 4\) The status of the complaint
>
> 5\) The location, name and phone number of the staff person
> responsible for complaint.
>
> \(B\) HUD and USDA shall meet not less than annually to discuss the
> operation of the MOU, make recommendations for improvements, and
> clarify the status of particular investigations.

**12. Training**

HUD and USDA shall cooperate in staff training on the Fair Housing Act,
relevant activities related to housing or urban development, and on the
operation of USDA programs.

**13. Implementation**

> \(A\) This MOU becomes effective 90 days from the date of the last
> signature on the document.
>
> \(B\) Prior to the effective date, HUD and USDA shall develop internal
> procedures for implementation, including approval of standard letters
> for use by each party and guidelines for any joint investigations. A
> complete and final copy of those procedures shall be forwarded to the
> other party not less than 30 day prior to the effective date of this
> MOU.
>
> \(C\) The parties agree to confer on the interpretation and
> application of the memorandum as necessary and to conduct jointly an
> annual review of its operation.

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit A

Page 10

> \(D\) Nothing in this MOU shall be construed to impair HUD\'s
> authority to enforce the Fair Housing Act.
>
> \(E\) Nothing in this MOU shall be construed to impair USDA\'s
> authority to enforce Title VI, the Rehabilitation Act of 1973, or the
> Age Discrimination Act of 1975.

/s/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
/s/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DAN GLICKMAN ANDREW CUOMO

Secretary of Agriculture Secretary of Housing

And Urban Development

Note: This MOU was signed by both Secretaries on July 11, 1997.

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RD Instruction 2000-GGG

Exhibit B

Page 1

## U.S. Department of Housing and Urban Development (HUD)

##  Fair Housing Enforcement Centers

[ADDRESS]{.underline} [JURISDICTION]{.underline}

HUD - Fair Housing and Equal Opportunity NEW ENGLAND

Boston Federal Office Building (CT, ME, MA, NH, RI, VT)

10 Causeway Street, Room 375

Boston, Massachusetts 02222-1092

Commercial (617) 565-5236 FAX (617) 565-6558

Toll Free (800) 827-5005 TTY (617) 565-5453

HUD - Fair Housing and Equal Opportunity NEW YORK/NEW JERSEY

26 Federal Plaza (NY, NJ)

New York, New York 10278-0068

Commercial (212) 264-8068 FAX (212) 264-3068

Toll Free (800) 496-4294 TTY (212) 264-0927

HUD - Fair Housing and Equal Opportunity MID ATLANTIC

The Wanamaker Building (DE, DC, MD, PA, VA, WV)

100 Pennsylvania Square, East

Philadelphia, Pennsylvania 19107-3380

Commercial (215) 656-0606 FAX (215) 656-3445

Toll Free (800) 799-2085 TTY (215) 656-3450

HUD - Fair Housing and Equal Opportunity SOUTHEAST/CARIBBEAN

Richard B. Russell Federal Building (AL, FL, GA, KY, TN, MS,

75 Spring Street, SW NC, SC and the Caribbean)

Atlanta, Georgia 30303-3388

Commercial (404) 331-5136 FAX (404) 730-2365

Toll Free (800) 440-8091 TTY (404) 730-2654

HUD - Fair Housing and Equal Opportunity MIDWEST

Ralph Metcalfe Federal Building (OH, MI, IL, IN, MN, WI)

77 West Jackson Boulevard

Chicago, Illinois 60604-3507

Commercial (312) 353-5680 FAX (312) 886-2729

Toll Free (800) 765-9372 TTY (312) 353-7143

(01-07-98) PN 285

RD Instruction 2000-GGG

Exhibit B

Page 2

[ADDRESS]{.underline} [JURISDICTION]{.underline}

HUD - Fair Housing and Equal Opportunity SOUTHWEST

1600 Throckmorton (AR, TX, LA, NM, OK)

P.O. Box 2905

Fort Worth, Texas 76113-2905

Commercial (817) 978-9000 FAX (817) 978-9011

Toll Free (800) 498-9371 TTY (817) 978-9274

HUD - Fair Housing and Equal Opportunity GREAT PLAINS

400 State Avenue, Room 200 (IA, KS, NE, MO)

Kansas City, Kansas 66101-2406

Commercial (913) 551-5462 FAX (913) 551-5469

Toll Free (800) 743-5323 TTY (913) 551-6972

HUD - Fair Housing and Equal Opportunity ROCKY MOUNTAIN

633 17th Street, FITN (CO, MT, ND, SD, UT, WY)

Denver, Colorado 80202-3607

Commercial (303) 672-5440 FAX (303) 672-5004

Toll Free (800) 877-7353 TTY 672-5248

HUD - Fair Housing and Equal Opportunity PACIFIC/HAWAII

450 Golden Gate Avenue (AZ, CA, HI, NV)

P.O. Box 36003

San Francisco, California 94102-3448

Commercial (415) 436-6532 FAX (415) 436-6446

Toll Free (800) 347-3739 TTY (415) 436-6594

HUD - Fair Housing and Equal Opportunity NORTHWEST/ALASKA

909 First Avenue, Suite 200 (AK, ID, OR, WA)

Seattle, Washington 98104-1000

Commercial (206) 220-5101 FAX (206) 220-5108

Toll Free (800) 877-0246 TTY (206) 220-5185

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