Proposed Rule2023-27025
Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs; Extension of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2023
Effective
October 31, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
On October 31, 2023, HUD published in the Federal Register a notice of proposed rulemaking entitled "Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs," proposing to eliminate the tester restrictions for Fair Housing Initiatives Program (FHIP) grantees and for Fair Housing Assistance Program (FHAP) agencies that forbid FHIP and FHAP recipients from using fair housing testers with prior felony convictions or convictions of crimes involving fraud or perjury. The proposed rule provided for a 60- day comment period, which would have ended January 2, 2024. HUD has determined that a 9-day extension of the comment period, until January 11, 2024, is appropriate. This extension will allow interested persons additional time to analyze the proposal and prepare their comments.
Full Text
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<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Proposed Rules]
[Pages 85529-85530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27025]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 115 and 125
[Docket No. FR-6355-N-02]
RIN 2529-AB07
Removing Criminal Conviction Restrictions for Testers in FHIP-
and FHAP-Funded Testing Programs; Extension of Comment Period
AGENCY: Office of Fair Housing and Equal Opportunity, HUD.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On October 31, 2023, HUD published in the Federal Register a
notice of proposed rulemaking entitled ``Removing Criminal Conviction
Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs,''
proposing to eliminate the tester restrictions for Fair Housing
Initiatives Program (FHIP) grantees and for Fair Housing Assistance
Program (FHAP) agencies that forbid FHIP and FHAP recipients from using
fair housing testers with prior felony convictions or convictions of
crimes involving fraud or perjury. The proposed rule provided for a 60-
day comment period, which would have ended January 2, 2024. HUD has
determined that a 9-day extension of the comment period, until January
11, 2024, is appropriate. This extension will allow interested persons
additional time to analyze the proposal and prepare their comments.
DATES: The comment period for the proposed rule published on October
31, 2023, at 88 FR 74381, is extended. Comments should be received on
or before January 11, 2024.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule. There are two methods for submitting public
comments. All submissions must refer to the above docket number and
title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
<a href="http://www.regulations.gov">www.regulations.gov</a> website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
rule.
No Facsimile Comments: Facsimile (FAX) comments are not acceptable.
Public Inspection of Comments. All properly submitted comments and
communications submitted to HUD will be available for public inspection
and copying between 8 a.m. and 5 p.m. weekdays at the above address.
Due to security measures at the HUD Headquarters building, an advance
appointment to review the public comments must be scheduled by calling
the Regulations Division at 202-402-3055 (this is not a toll-free
number). HUD welcomes and is prepared to receive calls from individuals
who are deaf or hard of hearing, as well as individuals with
communication disabilities. To learn more about how to make an
accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all comments
submitted are available for inspection and downloading at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Demetria McCain, Principal Deputy
Assistant Secretary for Fair Housing and Equal Opportunity, Department
of Housing and Urban Development, Office of Fair Housing and Equal
Opportunity, 451 7th Street SW, Room 5250, Washington, DC 20410-8000,
telephone number 202-402-7861 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
calls, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: On October 31, 2023, at 88 FR 74381, HUD
published a notice of proposed rulemaking entitled ``Removing Criminal
Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing
Programs,'' which proposes to eliminate restrictions for Fair Housing
Initiatives Program (FHIP) grantees and
[[Page 85530]]
for Fair Housing Assistance Program (FHAP) agencies that forbid FHIP
and FHAP recipients from using fair housing testers with prior felony
convictions or convictions of crimes involving fraud or perjury. This
proposed rule would make HUD's programs as inclusive as possible for
people with criminal records, consistent with Secretary Marcia Fudge's
April 12, 2022, Memorandum, ``Eliminating Barriers That May
Unnecessarily Prevent Individuals with Criminal Histories from
Participating in HUD Program.'' It would also ensure that FHIP and FHAP
funded entities are able to fully investigate criminal background
screening policies that are potentially discriminatory under federal
civil rights laws by using testers with actual criminal backgrounds. In
accordance with 5 U.S.C. 553(b)(4), a summary of this rule may be found
at <a href="https://www.regulations.gov/document/HUD-2023-0091-0076">https://www.regulations.gov/document/HUD-2023-0091-0076</a>.
While the proposed rule had a 60-day comment period, HUD has
received feedback from commenters requesting additional time to review
and provide comments on this rule. In response, HUD is extending the
deadline for comments to January 11, 2024.
Aaron Santa Anna,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2023-27025 Filed 12-7-23; 8:45 am]
BILLING CODE 4210-67-P
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