Treatment of Testing Evidence in Fair Housing Complaint Investigations


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Memorandrum for: All FHEO Field Office Staff, Office of Enforcement and Programs Staff
From: Carolyn Y. Peoples, Assistant Secretary for Fair Housing and Equal Opportunity, E

The purpose of this memorandum is to set forth the procedures investigators from HUD’s Office of Fair Housing and Equal Opportunity (“FHEO investigators” or “investigators”) will follow when investigating a Fair Housing Act (“Act”) complaint based in whole or in part on testing. Testing is a critical tool in the fight against housing discrimination. This guidance seeks to insure that FHEO investigators nationwide will adopt a uniform approach to investigations where testing has been conducted with respect to the housing practices of a respondent. Complainants and testing organizations will know what information FHEO investigators will request to be able to fully evaluate the testing conducted. Additionally, this memorandum will inform all parties and the public how FHEO will handle testing information at three stages of the investigative process: intake, investigation, and after case closure. As set forth in detail below, some testing information will be retained in the Evidentiary Section of the investigative file and other testing information in the Deliberative Section1 to protect proprietary information. All information shall be entered appropriately into TEAPOTS.


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