---
kind: "section"
citation: "24 C.F.R. § 103.405"
title: "24"
number: "103.405"
heading: "Issuance of charge."
url: "https://uscodex.org/cfr/24/103.405"
---

# §103.405. Issuance of charge.

- (a) **A charge—**
  - (1) Shall consist of a short and plain written statement of the facts upon which the Assistant Secretary has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;
  - (2) Shall be based on the final investigative report; and
  - (3) Need not be limited to facts or grounds that are alleged in the complaint filed under subpart B of this part. If the charge is based on grounds that are not alleged in the complaint, HUD will not issue a charge with regard to the grounds unless the record of investigation demonstrates that the respondent has been given notice and an opportunity to respond to the allegation.
- (b) **Within three business days after the issuance of the charge, the General Counsel shall—**
  - (1) Obtain a time and place for hearing from the Docket Clerk for the Office of Hearings and Appeals;
  - (2) File the charge along with the notifications described in [24 CFR 180.410(b)](/cfr/24/180.410.md?p=b) with the Office of Hearings and Appeals;
  - (3) Serve the charge and notifications in accordance with [24 CFR 180.410(a)](/cfr/24/180.410.md?p=a); and
  - (4) **Notify the Assistant Secretary of the filing of the charge.**

## Notes

### Amendments

[54 FR 3292, Jan. 23, 1989, as amended at 56 FR 55078, Oct. 24, 1991; 59 FR 39956, Aug. 5, 1994; 59 FR 46759, Sept. 12, 1994; 60 FR 58452, Nov. 27, 1995; 62 FR 66433, Dec. 18, 1997; 74 FR 4635, Jan. 26, 2009; 87 FR 8197, Feb. 14, 2022]

### Authority

Authority: 42 U.S.C. 3535(d), 3600-3619.

### Source

Source: 54 FR 3292, Jan. 23, 1989, unless otherwise noted.

### Amendments

[54 FR 3292, Jan. 23, 1989, as amended at 56 FR 55078, Oct. 24, 1991; 59 FR 39956, Aug. 5, 1994; 59 FR 46759, Sept. 12, 1994; 60 FR 58452, Nov. 27, 1995; 62 FR 66433, Dec. 18, 1997; 74 FR 4635, Jan. 26, 2009; 87 FR 8197, Feb. 14, 2022]