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<br />relating to incidents that may have occuiTed subsequent to the filing of the FHAP agency <br />complaint. Finally, FHAP agencies were notified that until HUD cletermines that a case has <br />no Fi1-st Amendment implications, the case may not be dua]-filed. Please ensure that the <br />guidance is followed in such cases. <br />Re: Differences in Agency's Law <br />If the Regional Director feels that there has been a change or interpretation of the law that <br />affects the Department's and the Agency's ability to dual file certain type(s) of compla.ints, <br />the agency must request Headquarters review. After review, if necessary, Headquarters will <br />send a letter to the FHAP agency, with a copy to the Regional Director, informing it of the <br />change in dual filing procedures or in their substantial equivalency status. <br />Amcy Issues <br />There may be issues, beyond the Agency's control, operating within the city or state <br />government that impact the Agency's implementation of its fair housing law. If these issues <br />conflict with this guidance and the cooperative agreement, the Cooperative Ab eement Officer <br />(CAO)/Regional Director may set up a meeting with the Agency Director and/or other policy <br />makers, if necessary, to determine how the issues should be handled. For example, if there is a ban <br />on out-of-state travel, the CAO (Hub Director) must work with the Agency and arrange to meet or <br />talk with the proper authorities to see if and how the issues can be satisfactorily resolved. If <br />necessary, the CAO may write a letter that outlines the Department's requirements for the receipt of <br />certain funds. The letter would point out that participation in training is mandatory and such a <br />requirement is in the cooperative ab eement the agency will be required to execute. The Agency's <br />ability to sign the cooperative agreement is dependent upon whether it can carry out the provisions <br />of the agreement and if the Agency cannot sign the cooperative agreement, funds cannot be released <br />to the jurisdiction. Different issues/situations may call for different approaches; however, every <br />effort will be made to successfully resolve the situation.