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<br />15 <br />(2) After the 100th day, HLTD must assess whether the Agency is <br />proceeding with reasonable promptness. The Agency must <br />provide, in writing, to the Department the rationale and <br />supporting documentation for the delay and a reasonable <br />projected date of completion. <br />(3) The Agency's actions will be monitored to ensure that <br />subpoenas are sought and enforced in all appropriate cases. <br />VIII. COMPLAINTS TO BE PROCESSED BY HUD <br />A. In no circumstance will HLTD refer the following complaints to the <br />Agency under this MOU: <br />(1) Secretary-initiated complaints; <br />(2) Complaints involving a respondent who has breached an <br />executed and HUD-approved conciliation agreement; and <br />(a) If a complaint involving a breach of a HCTD-approved <br />conciliation agreement is first filed with the Agency, the <br />Agency shall immediately inform HLTD, and transfer the <br />case to HLTD for processing. Such a complaint is not dual- <br />filed, and the Agency will not receive payment by HLTD <br />under the Fair Housing Assistance Program. <br />B. HUD reserves the right not to refer the following complaints to the <br />Agency: <br />(1) Complaints that involve the legality of any State or local zoning <br />or other land use law or ordinance where the complaint is first <br />received; <br />(2) Complaints that have been identified for systemic processing <br />because they involve complex issues of fact or law or are <br />pervasive and institutional in nature; and <br />(3) Complaints for which HUD has reasonable cause to believe that <br />a person or group of persons is engaged in a pattern or practice <br />of resistance to the rights granted under the Fair Housing Act or <br />that any person or person has been denied any of the rights <br />granted by the Act. <br />