(a) Periodic compliance reviews. The responsible Department official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part 1.
(b) Complaints. Any person who believes himself or any specific class of persons to be subjected to discrimination prohibited by this part 1 may by himself or by a representative file with the responsible Department official or his designee a written complaint. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Department official or his designee.
(c) Investigations. The responsible Department official or his designee shall make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part 1. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part 1 occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part .
(d) Resolution of matters. (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part 1, the responsible Department official or his designee will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 1.8.
(2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section the responsible Department official or his designee will so inform the recipient and the complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Act or this part 1, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.
Notes of Decisions
Blackshear Res. Org. v. Hous. Auth. of City of Austin, 347 F. Supp. 1138 (W.D. Tex. 1972).
· cites it 3× “Neither the Housing Act of 1937 nor the Civil Rights Acts of 1949 or 1964 require the agency even to receive and act on “civil rights complaints”, see Shannon v. HUD, supra, much less make formal fact findings when ruling on such complaints.”
Young v. Pierce, 628 F. Supp. 1037 (E.D. Tex. 1985).
· cites it 2× “HUD argues, however, that plaintiffs cannot pursue their Title VI claim in this forum because they have failed to exhaust their administrative remedies, set out in HUD regulations, 24 CFR § 1.7 . That regulation reads, in pertinent part: § 1.”
Johnson v. Cnty. of Chester, 413 F. Supp. 1299 (E.D. Pa. 1976).
“Pursuant to this mandate, HUD has promulgated an extensive regulatory scheme to ensure compliance with Title VI.”
Jones v. Tully, 378 F. Supp. 286 (E.D.N.Y 1974).
· cites it 2× “Complaint and Investigation After approval of the first year NDP application in September, 1972, petitioners had 90 days to file a complaint under HUD’s administrative complaint procedure, 24 CFR § 1.7 . They did not do so. Instead, petitioners waited until July, 1973, to file…”
McGrath v. Dep't of Hous. & Urban Dev., 722 F. Supp. 902 (D. Mass. 1989).
· cites it 2× “Defendants HUD and BHA entered negotiations and signed the VCA pursuant to 24 C.F.R. §§ 1.7 (d) and 1.8(d), in an attempt to bring the BHA into Title VI compliance through a cooperative, non-litigious process.”
Munoz-Mendoza v. Pierce, 520 F. Supp. 180 (D. Mass. 1981).
· cites it 3× “24 C.F.R. § 1.7 (c) states that HUD “shall make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply” with Title VI.”
Shannon v. United States Dep't of Hous. & Urban Dev., 436 F.2d 809 (3rd Cir. 1970).
“§ 2000d-1; 24 C.F.R. § 1.7 (b). The Report on Minority Group Considerations (R-215) as specified in the Urban Renewal Manual which was in effect at the time of the agency action here challenged is not in our judgment adequate to the purpose.”
Texas Low Income Hous. Info. Serv. v. Carson (D.D.C. 2019).
“” 24 C.F.R. § 1.7 . Only if “noncompliance cannot be corrected by informal means” may HUD effect compliance “by the suspension or termination of or refusal to grant or to continue Federal financial assistance.”
— 24 C.F.R. § 1.7(b) — 1 case
Blackshear Res. Org. v. Hous. Auth. of City of Austin, 347 F. Supp. 1138 (W.D. Tex. 1972).
“Neither the Housing Act of 1937 nor the Civil Rights Acts of 1949 or 1964 require the agency even to receive and act on “civil rights complaints”, see Shannon v. HUD, supra, much less make formal fact findings when ruling on such complaints.”
— 24 C.F.R. § 1.7(c) — 1 case
Munoz-Mendoza v. Pierce, 520 F. Supp. 180 (D. Mass. 1981).
“24 C.F.R. § 1.7 (c) states that HUD “shall make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply” with Title VI.”
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