DAR File No. 28126

Labor Commission, Antidiscrimination and Labor, Fair Housing

R608-1-8

Response to Complaint

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 28126
Filed: 08/02/2005, 02:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to conform Utah Fair Housing procedures with federal requirements. Specifically, this amendment changes the period allowed for filing a response to a Fair Housing complaint from 20 days to 10 days.

Summary of the rule or change:

The only change made by this amendment to Subsection R608-1-8(A) is to reduce from 20 days to 10 days the time allowed for filing a response to a Fair Housing complaint. (DAR NOTE: A corresponding proposed amendment is under DAR No. 28127 in this issue.)

State statutory or constitutional authorization for this rule:

Subsection 57-21-9(2)(a)(ii)

Anticipated cost or savings to:

the state budget:

This amendment will not produce either a cost or savings in the administration of the Fair Housing program and will have no effect on the state budget.

local governments:

This rule will apply to some local government entities in their role as housing providers. Under the existing rule, a respondent to a Fair Housing complaint is required to file a response within 20 days. Under the amended rule, the response must be filed within 10 days. In all other respects, the response requirement remains the same. Consequently, the Commission anticipates no cost or savings to local government.

other persons:

This rule will apply to landlords and others engaged in housing-related services. Under the existing rule, a respondent to a Fair Housing complaint is required to file a response within 20 days. Under the amended rule, the response must be filed within 10 days. In all other respects, the response requirement remains the same. Consequently, the Commission anticipates no cost or savings to other persons subject to this rule.

Compliance costs for affected persons:

This rule imposes no new requirements but only changes the timing of existing requirements. The Commission anticipates no additional compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

While this amendment shortens the response period in Fair Housing proceedings, it does not impose any other procedural or substantive requirements. Businesses that have been subject to the response requirement in Subsection R608-1-8(A) in the past can continue to submit the same types of response in the future. This amendment's change to the timing of such responses is not anticipated to have any fiscal impact on buisness. R. Lee Ellertson, Commissioner

Emergency rule reason and justification:

Subsection 57-21-9(2)(a) of the Utah Fair Housing Act requires the Commission to "adopt rules consistent with the provisions of 24 C.F.R. Sec. 115.3(1990), relating to procedures under related federal law, to govern:...the form of any answer...." Furthermore, the federal Department of Housing and Urban Development (H.U.D.) provides substantial funding of Utah's Fair Housing program, provided that Utah's program is consistent with the procedural and substantive requirements of federal Fair Housing law. A recent performance audit of Utah's Fair Housing Program by H.U.D. disclosed that the 20-day response period allowed under the current version of Subsection R608-1-8(A) is inconsistent with the 10-day response period established by federal law. Thus, unless this part of Subsection R608-1-8(A) is amended to conform to federal law, the rule will violate the mandate of state law found in Subsection 57-21-9(2)(a) of the Utah Fair Housing Act and could result in loss of federal funds.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Sherrie M. Hayashi at the above address, by phone at 801-530-6921, by FAX at 801-530-7609, or by Internet E-mail at shayashi@utah.gov

This rule is effective on:

08/02/2005

Authorized by:

R Lee Ellertson, Commissioner

RULE TEXT

R608. Labor Commission, Antidiscrimination and Labor, Fair Housing.

R608-1. Utah Fair Housing Rules.

R608-1-8. Response to Complaint.

A. A respondent shall file a signed response to the complaint with the Division within [20]10 days from the date of the notice required by R608-1-7.B.

B. The response must address each allegation contained in the complaint, including any available and relevant data and information regarding respondent's business practices.

C. Division staff shall be available during normal business hours to provide reasonable assistance to respondents in completing and filing responses.

D. Failure to file a response may result in the Division concluding its investigation based on information provided by the complainant and such other information as is reasonably available to the Division. Alternatively, the Commission may use its subpoena powers to compel production of the information required by this rule.

KEY: housing, fair housing, discrimination, time

August 2, 2005

Notice of Continuation January 2, 2002

57-21-1 et seq.

63-46b-1 et seq.

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Sherrie M. Hayashi at the above address, by phone at 801-530-6921, by FAX at 801-530-7609, or by Internet E-mail at shayashi@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.