HUD 24 CFR PART 1-2011 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964《.pdf

1、7 PART 0STANDARDS OF CONDUCT 0.1 Cross-reference to employees eth-ical conduct standards and finan-cial disclosure regulations. Employees of the Department of Housing and Urban Development (De-partment) are subject to the executive branch-wide standards of ethical con-duct at 5 CFR part 2635, the De

2、part-ments regulation at 5 CFR part 7501 which supplements the executive branch-wide standards, and the execu-tive branch-wide financial disclosure regulation at 5 CFR part 2634. 5 U.S.C. 301, 7301; 42 U.S.C. 3535(d) 61 FR 36251, July 9, 1996 PART 1NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF

3、 THE DEPARTMENT OF HOUS-ING AND URBAN DEVELOP-MENTEFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Sec. 1.1 Purpose. 1.2 Definitions. 1.3 Application of part 1. 1.4 Discrimination prohibited. 1.5 Assurances required. 1.6 Compliance information. 1.7 Conduct of investigations. 1.8 Procedure fo

4、r effecting compliance. 1.9 Hearings. 1.10 Effect on other regulations; forms and instructions. AUTHORITY: 42 U.S.C. 2000d-1 and 3535(d). SOURCE: 38 FR 17949, July 5, 1973, unless otherwise noted. 1.1 Purpose. The purpose of this part 1 is to effec-tuate the provisions of title VI of the Civil Right

5、s Act of 1964 (hereafter re-ferred to as the Act) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be oth-erwise subjected to discrimination under any program or activity receiv-in

6、g Federal financial assistance from the Department of Housing and Urban Development. 1.2 Definitions. As used in this part 1 (a) The term Department means the Department of Housing and Urban De-velopment. (b) The term Secretary means the Sec-retary of Housing and Urban Develop-ment. (c) The term res

7、ponsible Department official means the Secretary or, to the extent of any delegation of authority by the Secretary to act under this part 1, any other Department official to whom the Secretary may hereafter del-egate such authority. (d) The term United States means the States of the United States, t

8、he Dis-trict of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term State means any one of the foregoing. (e) The term Federal financial assist-ance includes: (1) Grants, loans, and ad-va

9、nces of Federal funds, (2) the grant or donation of Federal property and in-terests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without considerat

10、ion or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the re-cipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its p

11、urposes the provision of assistance. The term Federal finan-cial assistance does not include a con-tract of insurance or guaranty. (f) The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, insti

12、tution, organiza-tion, or other entity, or any individual, in any State, to whom Federal finan-cial assistance is extended, directly or through another recipient, for any pro-gram or activity, or who otherwise par-ticipates in carrying out such program or activity (such as a redeveloper in the Urban

13、 Renewal Program), includ-ing any successor, assign, or transferee thereof, but such term does not include VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Resale-,-,-8 24 CFR Subtitle

14、A (4111 Edition) 1.3 any ultimate beneficiary under any such program or activity. (g) The term applicant means one who submits an application, contract, re-quest, or plan requiring Department approval as a condition to eligibility for Federal financial assistance, and the term application means such

15、 an ap-plication, contract, request, or plan. 1.3 Application of part 1. This part 1 applies to any program or activity for which Federal financial as-sistance is authorized under a law ad-ministered by the Department, includ-ing any program or activity assisted under the statutes listed in appendix

16、 A of this part 1. It applies to money paid, property transferred, or other Federal financial assistance extended to any such program or activity on or after January 3, 1965. This part 1 does not apply to: (a) Any Federal financial as-sistance by way of insurance or guar-anty contracts, (b) money pa

17、id, prop-erty transferred, or other assistance extended to any such program or activ-ity before January 3, 1965, (c) any as-sistance to any person who is the ulti-mate beneficiary under any such pro-gram or activity, or (d) any employ-ment practice, under any such program or activity, of any employe

18、r, employ-ment agency, or labor organization, ex-cept to the extent described in 1.4(c). The fact that certain financial assist-ance is not listed in appendix A shall not mean, if title VI of the Act is oth-erwise applicable, that such financial assistance is not covered. Other finan-cial assistance

19、 under statutes now in force or hereinafter enacted may be added to this list by notice published in the FEDERAL REGISTER. 1.4 Discrimination prohibited. (a) General. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied

20、the benefits of, or be otherwise subjected to discrimination under any program or activity to which this part 1 applies. (b) Specific discriminatory actions pro-hibited. (1) A recipient under any pro-gram or activity to which this part 1 applies may not, directly or through contractual or other arra

21、ngements, on the ground of race, color, or national origin: (i) Deny a person any housing, ac-commodations, facilities, services, fi-nancial aid, or other benefits provided under the program or activity; (ii) Provide any housing, accom-modations, facilities, services, finan-cial aid, or other benefi

22、ts to a person which are different, or are provided in a different manner, from those pro-vided to others under the program or activity; (iii) Subject a person to segregation or separate treatment in any matter related to his receipt of housing, ac-commodations, facilities, services, fi-nancial aid,

23、 or other benefits under the program or activity; (iv) Restrict a person in any way in access to such housing, accommoda-tions, facilities, services, financial aid, or other benefits, or in the enjoyment of any advantage or privilege enjoyed by others in connection with such housing, accommodations,

24、 facilities, services, financial aid, or other bene-fits under the program or activity; (v) Treat a person differently from others in determining whether he satis-fies any occupancy, admission, enroll-ment, eligibility, membership, or other requirement or condition which per-sons must meet in order

25、to be provided any housing, accommodations, facili-ties, services, financial aid, or other benefits provided under the program or activity; (vi) Deny a person opportunity to participate in the program or activity through the provision of services or otherwise, or afford him an oppor-tunity to do so

26、which is different from that afforded others under the program or activity (including the opportunity to participate in the program or activ-ity as an employee but only to the ex-tent set forth in paragraph (c) of this section). (vii) Deny a person the opportunity to participate as a member of a pla

27、n-ning or advisory body which is an inte-gral part of the program. (2)(i) A recipient, in determining the types of housing, accommodations, fa-cilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the VerDate Mar2010 08:31 Apr 29, 2011 Jkt

28、 223077 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Resale-,-,-9 Office of the Secretary, HUD 1.4 class of persons to whom, or the situa-tions in which, such housing, accom-modations, facilities, services, finan-cial aid, or o

29、ther benefits will be pro-vided under any such program or activ-ity, or the class of persons to be af-forded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the eff

30、ect of subjecting persons to dis-crimination because of their race, color, or national origin, or have the effect of defeating or substantially im-pairing accomplishment of the objec-tives of the program or activity as re-spect to persons of a particular race, color, or national origin. (ii) A recip

31、ient, in operating low-rent housing with Federal financial assist-ance under the United States Housing Act of 1937, as amended (42 U.S.C. 1401 et seq.), shall assign eligible applicants to dwelling units in accordance with a plan, duly adopted by the recipient and approved by the responsible Depart-

32、ment official, providing for assignment on a community-wide basis in sequence based upon the date and time the appli-cation is received, the size or type of unit suitable, and factors affecting preference or priority established by the recipients regulations, which are not inconsistent with the obje

33、ctives of title VI of the Civil Rights Act of 1964 and this part 1. The plan may allow an applicant to refuse a tendered vacancy for good cause without losing his standing on the list but shall limit the number of refusals without cause as prescribed by the responsible Depart-ment official. (iii) Th

34、e responsible Department offi-cial is authorized to prescribe and pro-mulgate plans, exceptions, procedures, and requirements for the assignment and reassignment of eligible applicants and tenants consistent with the pur-pose of paragraph (b)(2)(ii) of this sec-tion, this part 1, and title VI of the

35、 Civil Rights Act of 1964, in order to ef-fectuate and insure compliance with the requirements imposed thereunder. (3) In determining the site or loca-tion of housing, accommodations, or facilities, an applicant or recipient may not make selections with the pur-pose or effect of excluding individual

36、s from, denying them the benefits of, or subjecting them to discrimination under any program to which this part 1 applies, on the ground of race, color, or national origin; or with the purpose or effect of defeating or substantially im-pairing the accomplishment of the ob-jectives of the Act or this

37、 part 1. (4) As used in this part 1 the housing, accommodations, facilities, services, fi-nancial aid, or other benefits provided under a program or activity receiving Federal financial assistance shall be deemed to include any housing, accom-modations, facilities, services, finan-cial aid, or other

38、 benefits provided in or through a facility provided with the aid of Federal financial assistance. (5) The enumeration of specific forms of prohibited discrimination in para-graphs (b) and (c) of this section does not limit the generality of the prohibi-tion in paragraph (a) of this section. (6)(i)

39、In administering a program re-garding which the recipient has pre-viously discriminated against persons on the ground of race, color, or na-tional origin, the recipient must take affirmative action to overcome the ef-fects of prior discrimination. (ii) Even in the absence of such prior discriminatio

40、n, a recipient in admin-istering a program should take affirm-ative action to overcome the effects of conditions which resulted in limiting participation by persons of a particular race, color, or national origin. Where previous discriminatory prac-tice or usage tends, on the ground of race, color,

41、or national origin, to ex-clude individuals from participation in, to deny them the benefits of, or to sub-ject them to discrimination under any program or activity to which this part 1 applies, the applicant or recipient has an obligation to take reasonable action to remove or overcome the con-sequ

42、ences of the prior discriminatory practice or usage, and to accomplish the purpose of the Act. (c) Employment practices. (1) Where a primary objective of the Federal finan-cial assistance to a program or activity to which this part 1 applies is to pro-vide employment, a recipient may not, directly o

43、r through contractual or other arrangements, subject a person to discrimination on the ground of race, color, or national origin in its VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for

44、Resale-,-,-10 24 CFR Subtitle A (4111 Edition) 1.5 employment practices under such pro-gram or activity (including recruit-ment or recruitment advertising, em-ployment, layoff, termination, upgrad-ing, demotion, transfer, rates of pay or other forms of compensation and use of facilities). The requir

45、ements applicable to construction employment under such program or activity shall be those specified in or pursuant to part III of Executive Order 11246 or any executive order which supersedes or amends it. (2) Where a primary objective of the Federal financial assistance is not to provide employmen

46、t, but discrimina-tion on the ground of race, color, or na-tional origin in the employment prac-tices of the recipient or other persons subject to this part 1 tends, on the ground of race, color, or national ori-gin, to exclude individuals from par-ticipation in, to deny them the benefits of, or to

47、subject them to discrimina-tion under any program to which this part 1 applies, the provisions of this paragraph (c) shall apply to the em-ployment practices of the recipient or other persons subject to this part 1 to the extent necessary to assure equality of opportunity to, and nondiscrim-inatory

48、treatment of, beneficiaries. 1.5 Assurances required. (a) General. (1) Every contract for Federal financial assistance to carry out a program or activity to which this part 1 applies, executed on or after January 3, 1965, and every application for such Federal financial assistance submitted on or af

49、ter January 3, 1965, shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to such contract or application, contain or be accompanied by an assurance that the program or activity will be conducted and the housing, accommodations, facilities, services, financial aid, or other bene-fits to be provided will be operated and administered in compliance with all re-quirements imposed by or pursuant to this part 1. In the case of a c