24 C.F.R. § 115.202

Request for interim certification

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(a) A request for interim certification under this subpart shall be filed with the Assistant Secretary by the state or local official having principal responsibility for the administration of the state or local fair housing law. The request shall be supported by the text of the jurisdiction's fair housing law, the law creating and empowering the agency, all laws referenced in the jurisdiction's fair housing law, any regulations and directives issued under the law, and any formal opinions of the State Attorney General or the chief legal officer of the jurisdiction that pertain to the jurisdiction's fair housing law. A request shall also include organizational information of the agency responsible for administering and enforcing the law.

(b) The request and supporting materials shall be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-2000. The Assistant Secretary shall forward a copy of the request and supporting materials to the appropriate FHEO regional director. A copy of the request and supporting materials will be kept available for public examination and copying at:

(1) The office of the Assistant Secretary; and

(2) The office of the state or local agency charged with administration and enforcement of the state or local fair housing law.

(c) Upon receipt of a request, HUD will analyze the agency's fair housing law to determine whether it meets the criteria identified in § 115.204.

(d) HUD shall review a request for interim certification from a local agency located in a state with an interim certified or certified substantially equivalent state agency. However, in the request for interim certification, the local agency must certify that the substantially equivalent state law does not prohibit the local agency from administering and enforcing its own fair housing law within the locality.

Notes of Decisions

Cited in 3 cases, 1998–2000 · leading case: Fair Hous. Advocates Assn. v. City of Richmond Heights, 998 F. Supp. 825 (N.D. Ohio 1998).

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Fair Hous. Advocates Assn. v. City of Richmond Heights, 998 F. Supp. 825 (N.D. Ohio 1998). “” 24 C.F.R. § 115.202 (c) provides that “[t]he requirement that the state or local law prohibit discrimination on the basis of familial status does not require that the state or local law limit the applicability of any reasonable local, State or Federal restrictions regarding…”

Reeves v. Rose, 108 F. Supp. 2d 720 (E.D. Mich. 2000). “” 24 C.F.R. § 115.202 (c) (1999) provides that “[t]he requirement that the state or local law prohibit discrimination on the basis of familial status does not require that the state or local law limit the applicability of any reasonable local, State or Federal restrictions…”

Fair Hous. Advocates Ass'n v. City of Richmond Heights, 209 F.3d 626 (6th Cir. 2000). · cites it 2× “at 3253; see also 24 C.F.R. § 115.202 (c)(1999)(“The (1977) (upholding denial of building permit for multi-family, requirement that the state or local law prohibit discrimination low income housing as part of rational zoning plan); Memphis on the basis of familial status does…”

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