or Executive Order 11063 or other appli cable law.

filing of

§ 105.2

105.18 Referrals to State or local fair housing agencies.

105.19 105.20 Reactivation of referred complaints. 105.21 Investigation and decision to resolve. 105.22 Subpoenas, interrogatories, and investigative powers.

Suspension of proceedings.

Subpart C-Procedures To Rectify Discriminatory Housing Practices

105.31 Conference, conciliation, and persuasion.

105.32 Conciliation agreements. 105.33 Inability to obtain voluntary compli

ance.

105.34 Notification where voluntary compliance is not obtained.

105.35 Confidentiality of conciliation conferences.

105.36 Other action by the Assistant Secretary.

Appendix-List of Department of Housing and Urban Development Regional Offices and Jurisdictional Areas. AUTHORITY: The provisions of this Part 105 issued under 82 Stat. 81-89, 79 Stat. 669, 42 U.S.C. 3601-3619; 42 U.S.C. 3535 (d).

SOURCE: The provisions of this Part 105 appear at 36 F.R. 24458, Dec. 22, 1971, unless otherwise noted.

Subpart A-Purpose and Definitions § 105.1

Purpose.

(a) The regulations set forth in this part contain the procedures established by the Assistant Secretary for Equal Opportunity in the Department of Housing and Urban Development for carrying out his responsibility with respect to any complaint filed with him under section 810 of title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3610.

(b) Where a person charged with a discriminatory housing practice in a complaint filed under section 810 of title VIII is also prohibited from engaging in similar practices under title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-5, or Executive Order 11063 of November 20, 1962, on Equal Opportunity in Housing (27 F.R. 1152730, November 24, 1962) or other applicable law, such person may also be subject to action by the Department of Housing and Urban Development or other Federal agency under the rules, regulations, and procedures prescribed from time to time pursuant to title VI

Definitions.

As used in this part,

(a) "Assistant Secretary" means the Assistant Secretary for Equal Opportunity in the Department of Housing and Urban Development.

(b) "Department" means Department of Housing and Urban Development.

(c) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, or 806 of title VIII.

(d) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(e) "Family" includes a single individual.

(f) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, jointstock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

(g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

(h) "Title VIII" means title VIII of the Civil Rights Act of 1968, Public Law 90284, 42 U.S.C. 3601-3619.

(i) "To rent" includes to lease, to sublease, to let, and otherwise to grant for consideration the right to occupy premises not owned by the occupant. Subpart B-Procedures for Enforcement of Complaints Against Discriminatory Housing Practices

§ 105.11 Submission of information.

The Assistant Secretary will receive information concerning alleged violations of title VIII from any person. Where the information constitutes a complaint within the meaning of title VIII and this part, it shall be so recorded under 105.16. Where additional information is required for purposes of perfecting a complaint under title VIII, the Department will promptly advise what additional information is needed and will provide appropriate assistance in the filing of such complaint. At the same