HUD’s oversight and coordination of the FHAP program must be strengthened to ensure that the rights and remedies available through state and local fair housing enforcement are consistent with the leadership in a reformed federal enforcement initiative and equivalent in practice to the Fair Housing Act.
Corrective action is needed to ensure that the rights available under state and local law are truly equivalent to rights under federal law and that the administrative process is properly funded to support case processing and litigation, where necessary. Existing authority, including the use of Performance Improvement Plans and suspension or termination of substantial equivalency status should be used when the performance of FHAP agencies and the laws which they enforce are not substantially equivalent to the reformed fair housing enforcement process. The reformed fair housing office should impose sanctions when enforcement is not undertaken in cases where a reasonable cause determination has been made.
Training, binding guidance, and technical assistance must be provided to FHAP agencies to improve their capacity to handle all cases. All of the enforcement improvements recommended for HUD apply with equal force to FHAP agencies. Joint training with HUD, DOJ and FHIP-funded organizations should be conducted routinely. There are good models for HUD, FHIP and FHAP cooperation on investigations and on other operational strategies, such as that facilitated by HUD in its Seattle HUB office. [173]
At the same time, performance standards directed at high quality performance must be applicable to FHAP agencies, HUD must monitor performance consistently to ensure that the parties’ rights to notice, conciliation opportunities, and a prompt effective investigation are protected. There must be adequate funding for equivalent FHAP agencies to ensure effective enforcement.
There should be targeted funding for appropriate education and enforcement efforts, in coordination with private fair housing organizations, the housing industry, and the federal fair housing education efforts.
Next Section: Fair Housing and the Foreclosure Crisis
Footnotes
[173] Oral Testimony of Lauren Walker (Los Angeles).