(a) Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent State or local agency and the agency is certified or may accept interim referrals under 24 CFR part 115 with regard to the alleged discriminatory housing practice, the Assistant Secretary will notify the agency of the filing of the complaint and refer the complaint to the agency for further processing before HUD takes any action with respect to the complaint. The Assistant Secretary will notify the State or local agency of the referral by certified mail.
(b) The Assistant Secretary will notify the aggrieved person and the respondent, by certified mail or personal service, of the notification and referral under paragraph (a) of this section. The notice will advise the aggrieved person and the respondent of the aggrieved person's right to commence a civil action under section 813 of the Fair Housing Act in an appropriate United States District Court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two-year period excludes any time during which a proceeding is pending under this part or part 180 with respect to complaint or charge based on the alleged discriminatory housing practice. The notice will also state that the time period includes the time during which an action arising from a breach of a conciliation agreement under section 814(b)(2) of the Fair Housing Act is pending.
[54 FR 3292, Jan. 23, 1989, as amended at 61 FR 52218, Oct. 4, 1996]
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1999–2023 · leading case:
Boykin v. KeyCorp, 521 F.3d 202 (2d Cir. 2008).
Boykin v. KeyCorp, 521 F.3d 202 (2d Cir. 2008).
· cites it 4× “See 24 C.F.R. § 103.100 (requiring notice to complainant of referral of the complaint, of his or her right to commence a civil action under § 3613 within two years, and "that the computation of this two-year period excludes any time during which a proceeding is pending under…”
United States v. East River Hous. Corp., 90 F. Supp. 3d 118 (S.D.N.Y. 2015).
· cites it 2× “§ 1310 (f); 24 C.F.R. § 103.100 (a). Upon such a referral, the Assistant Secretary is required to notify the aggrieved person of her right to commence a civil action in federal district court under 42 U.”
Toledo Fair Hous. Ctr. v. Farmers Ins. Grp. of Companies, 61 F. Supp. 2d 681 (N.D. Ohio 1999).
· cites it 3× “” 24 C.F.R. § 103.100 (b). The plain language of the regulation states that the Assistant Secretary must advise the aggrieved person and the respondent of the aggrieved person’s right to file suit in federal district court.”
Guion v. United States (D. Idaho 2022).
“As for the location of her alleged injury, Plaintiff provides that “the 21 resulting irreparable injury complained of in the FTCA Complaint occurred in the State of 22 Idaho, which arose from [HUD’s] Seattle Regional HUD Office where the alleged 23 negligent or wrongful acts or…”
Guion v. United States (D. Idaho 2023).
“§ 3610 (f)(1) and 24 C.F.R. § 103.100 , but 19 she has not cited any analogous state law duty.”
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