MEMORANDUM OF UNDERSTANDING AMONG
THE DEPARTMENT OF THE TREASURY,
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
THE DEPARTMENT OF JUSTICE
The United States Departments of the Treasury, Housing and Urban Development, and Justice enter into this memorandum of understanding (MOU) in a cooperative effort to promote enhanced compliance with the Fair Housing Act (Act), 42 U.S.C. ∋∋ 3601 et seq., for the benefit of residents of low-income housing tax credit properties and the general public.
It is recognized that the Department of the Treasury=s (Treasury) Internal Revenue Service (IRS) is responsible for administering and enforcing the tax laws in the low-income housing tax credit program under ∋ 42 of the Internal Revenue Code, 26 U.S.C. ∋ 42. In accordance with ∋ 1.42-9 of the Income Tax Regulations, 26 C.F.R. ∋ 1.42-9, low-income housing tax credit properties are to be rented in a manner consistent with the Act. Noncompliance of these properties with the low-income housing tax credit provisions is required to be reported to the IRS by state housing finance agencies under 26 U.S.C. ∋ 42(m)(1)(B)(iii).
It is recognized that the Department of Housing and Urban Development (HUD) is responsible for enforcing the Act, 42 U.S.C. ∋∋ 3601 et seq. In doing so, HUD is required to investigate allegations of housing discrimination, attempt conciliation of the complaint, and determine whether there is reasonable cause to believe discrimination has occurred under the Act. Upon finding reasonable cause, HUD must bring the case before an administrative law judge, or if either party elects to have claims or complaints decided in a civil action, HUD must refer the complaint to the Department of Justice for prosecution in the United States District Court.
It is recognized that the Department of Justice (Justice) is responsible for enforcing the Act, 42 U.S.C. ∋∋ 3601 et seq. Pursuant to section 3614 of the Act, Justice may file a lawsuit whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of discrimination or denial of rights to a group of persons where such denial raises an issue of general public importance. Justice also may file a lawsuit upon referral of matters from HUD involving the legality of any state or local zoning or other land use law or ordinance and after receiving a referral from HUD following an election by a party to a HUD complaint to have the matter decided in a civil action. Justice may enter into
Revised October 2009