HUD 24 CFR PART 107-2011 NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063《第11063号行政命令规定的住房非歧视原则和平等机会》.pdf

1、668 24 CFR Subtitle B, Ch. I (4111 Edition) 103.500 the event that a new court decision or newly discovered evidence is regarded as relevant to the reasonable cause de-termination. 54 FR 3292, Jan. 23, 1989, as amended at 61 FR 52218, Oct. 4, 1996; 74 FR 4635, Jan. 26, 2009 Subpart GPrompt Judicial

2、Action 103.500 Prompt judicial action. (a) If at any time following the filing of a complaint, the General Counsel concludes that prompt judicial action is necessary to carry out the purposes of this part or 24 CFR part 180, the Gen-eral Counsel may authorize the Attor-ney General to commence a civi

3、l ac-tion for appropriate temporary or pre-liminary relief pending final disposi-tion of the complaint. To ensure the prompt initiation of the civil action, the General Counsel will consult with the Assistant Attorney General for the Civil Rights Division before making the determination that prompt

4、judicial action is necessary. The commence-ment of a civil action by the Attorney General under this section will not af-fect the initiation or continuation of proceedings under this part or adminis-trative proceedings under part 180. (b) If the General Counsel has reason to believe that a basis exi

5、sts for the commencement of proceedings against the respondent under section 814(a) of the Fair Housing Act (Pattern or Prac-tice Cases), proceedings under section 814(c) of the Fair Housing Act (Enforce-ment of Subpoenas), or proceedings by any governmental licensing or super-visory authorities, th

6、e General Counsel shall transmit the information upon which that belief is based to the Attor-ney General and to other appropriate authorities. 54 FR 3292, Jan. 23, 1989, as amended at 61 FR 52218, Oct. 4, 1996 Subpart HOther Action 103.510 Other action by HUD. In addition to the actions described i

7、n 103.500, HUD may pursue one or more of the following courses of action: (a) Refer the matter to the Attorney General for appropriate action (e.g., en-forcement of criminal penalties under section 811(c) of the Act). (b) Take appropriate steps to initiate proceedings leading to the debarment of the

8、 respondent under 2 CFR part 2424, or initiate other actions leading to the imposition of administrative sanctions, where HUD determines that such actions are necessary to the effec-tive operation and administration of federal programs or activities. (c) Take appropriate steps to initiate proceeding

9、s under: (1) 24 CFR part 1, implementing title VI of the Civil Rights Act of 1964; (2) 24 CFR 570.912, implementing sec-tion 109 of the Housing and Community Development Act of 1974; (3) 24 CFR part 8, implementing sec-tion 504 of the Rehabilitation Act of 1973; (4) 24 CFR part 107, implementing Ex-

10、ecutive Order 11063; or (5) The Age Discrimination Act, 42 U.S.C. 6101. (d) Inform any other Federal, State or local agency with an interest in the enforcement of respondents obliga-tions with respect to nondiscrimina-tion in housing. 54 FR 3292, Jan. 23, 1989, as amended at 72 FR 73493, Dec. 27, 20

11、07 103.515 Action by other agencies. In accordance with section 808 (d) and (e) of the Fair Housing Act and Execu-tive Order No. 12259, other Federal agencies, including any agency having regulatory or supervisory authority over financial institutions, are respon-sible for ensuring that their progra

12、ms and activities relating to housing and urban development are administered in a manner affirmatively to further the goal of fair housing, and for cooper-ating with the Assistant Secretary in furthering the purposes of the Fair Housing Act. PART 105 RESERVED PART 107NONDISCRIMINATION AND EQUAL OPPO

13、RTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063 Sec. 107.10 Purpose. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00678 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from I

14、HS-,-,-669 Office of Asst. Secy., Equal Opportunity, HUD 107.15 107.11 Relation to other authorities. 107.15 Definitions. 107.20 Prohibition against discriminatory practices. 107.21 Prevention of discriminatory prac-tices. 107.25 Provisions in legal instruments. 107.30 Recordkeeping requirements. 10

15、7.35 Complaints. 107.40 Compliance meeting. 107.45 Resolution of matters. 107.50 Compliance reviews. 107.51 Findings of noncompliance. 107.55 Compliance report. 107.60 Sanctions and penalties. 107.65 Referral to the Attorney General. AUTHORITY: 42 U.S.C. 3535(d); E.O. 11063, 27 FR 11527, 3 CFR, 1958

16、1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849. SOURCE: 45 FR 59514, Sept. 9, 1980, unless otherwise noted. 107.10 Purpose. These regulations are to carry out the requirements of E.O. 11063 that all action necessary and appropriate be taken to prevent discrimination be-cause o

17、f race, color, religion (creed), sex or national origin in the sale, rent-al, leasing or other disposition of resi-dential property and related facilities or in the use or occupancy thereof where such property or facilities are owned or operated by the Federal Gov-ernment, or provided with Federal a

18、s-sistance by the Department of Housing and Urban Development and in the lending practices with respect to resi-dential property and related facilities of lending institutions insofar as such practices relate to loans insured, guar-anteed or purchased by the Depart-ment. These regulations are intend

19、ed to assure compliance with the estab-lished policy of the United States that the benefits under programs and activi-ties of the Department which provide financial assistance, directly or indi-rectly, for the provision, rehabilita-tion, or operation of housing and re-lated facilities are made avail

20、able without discrimination based on race, color, religion (creed), sex or national origin. These regulations are also in-tended to assure compliance with the policy of this Department to admin-ister its housing programs affirma-tively, so as to achieve a condition in which individuals of similar in

21、come levels in the same housing market area have a like range of housing choices available to them regardless of their race, color, religion (creed), sex or na-tional origin. 45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985 107.11 Relation to other authorities. (a) Where allegatio

22、ns of discrimina-tion on the grounds of race, color, or national origin are made in a program or activity of Federal financial assist-ance of the Department which does not involve a contract of insurance or guaranty, the provisions of title VI of the Civil Rights Act of 1964 and regula-tions impleme

23、nting title VI, Non-discrimination in Federally Assisted Programs, under part 1 of this title shall apply. Any complaint alleging discrimination on the basis of race, color, religion (creed), sex or national origin in a program or activity of the Department involving a contract of in-surance or guar

24、anty will be received and processed according to this part. (b) Where a complaint filed pursuant to this part alleges a discriminatory housing practice which is also covered by title VIII of the Civil Rights Act of 1968, the complainant shall be advised of the right to file a complaint pursu-ant to

25、section 810 of that title and of the availability of Department proce-dures regarding fair housing com-plaints under part 105 of this title. The complainant shall also be advised of the right to initiate a civil action in court pursuant to section 812 of the Civil Rights Act of 1968 without first fi

26、ling a complaint with HUD. 45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985 107.15 Definitions. (a) Department and Secretary are de-fined in 24 CFR part 5. (b) State means each of the fifty states, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana

27、s, and the terri-tories of the United States. (c) Assistance includes (1) grants, loans, contributions, and advances of Federal funds; (2) the grant or donation of Federal property and interests in property; (3) the sale, lease, and rental of, and the permission to use (on other VerDate Mar2010 08:3

28、1 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00679 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-670 24 CFR Subtitle B, Ch. I (4111 Edition) 107.15 than a casual or transient bas

29、is), Fed-eral property or any interest in such property without consideration or at a nominal consideration or at a consider-ation which is reduced for the purpose of assisting the recipient or in recogni-tion of the public interest to be served by such sale or lease to the recipient, when such orde

30、r granting permission accompanies the sale, lease, or rental of Federal properties; (4) loans in whole or in part insured, guaranteed, or oth-erwise secured by the credit of the Fed-eral Government; and (5) any Federal agreement, arrangement, or other con-tract which has as one of its purposes the p

31、rovision of assistance. (d) Person includes one or more indi-viduals, corporations, partnerships, as-sociations, labor organizations, legal representatives or agents, mutual com-panies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fidu-cia

32、ries and public entities. (e) Public entity means a government or governmental subdivision or agency. (f) Discriminatory practice means: (1) Any discrimination on the basis of race, color, religion (creed), sex or na-tional origin or the existence or use of a policy or practice, or any arrange-ment,

33、 criterion or other method of ad-ministration which has the effect of de-nying equal housing opportunity or which substantially impairs the ability of persons to apply for or receive the benefits of assistance because of race, color, religion (creed), sex or national origin, in the sale, rental or o

34、ther dis-position of residential property or re-lated facilities (including land to be de-veloped for residential use), or in the use or occupancy thereof, where such property or related facilities are: (i) Owned or operated by the Sec-retary; (ii) Provided in whole or in part with the aid of loans,

35、 advances, grants, or contributions agreed to be made by the Department after November 20, 1962; (iii) Provided in whole or in part by loans insured, guaranteed or otherwise secured by the credit of the Depart-ment after November 20, 1962; or (iv) Provided by the development or the redevelopment of

36、real property pur-chased, leased, or otherwise obtained from a State or local public agency or unit of general purpose local govern-ment receiving Federal financial as-sistance from the Department under a loan or grant contract entered into after November 20, 1962. (2) Any discrimination on the basi

37、s of race, color, religion (creed), sex or na-tional origin or the existence or use of a policy, practice, or any arrangement, criterion or other method of adminis-tration which has the effect of denying equal housing opportunity or which substantially impairs the ability of persons to apply for or

38、receive the ben-efits of assistance because of race, color, religion (creed), sex or national origin in lending practices with respect to residential property and related fa-cilities (including land to be developed for residential use) of lending institu-tions, insofar as such practices relate to lo

39、ans, insured or guaranteed, by the Department after November 20, 1962. Examples of discriminatory practices under subsections (1) and (2) include but are not limited to the following when based on race, color, religion (creed), sex or national origin: (i) Denial to a person of any housing accommodat

40、ions, facilities, services, fi-nancial aid, financing or other benefit provided under a program or activity; (ii) Providing any housing accom-modations, facilities, services, finan-cial aid, financing or other benefits to a person which are different, or are provided in a different manner, from thos

41、e provided to others in a program or activity; (iii) Subjecting a person to segrega-tion or separate treatment in any mat-ter related to the receipt of housing, accommodations, facilities, services, fi-nancial aid, financing or other benefits under a program or activity; (iv) Restricting a person in

42、 any way in access to housing, accommodations, facilities, services, financial aid, fi-nancing or other benefits, or in the en-joyment of any advantage or privilege enjoyed by others in connection with such housing, accommodations, facili-ties, services, financial aid, or other benefits under a prog

43、ram or activity; (v) Treating persons differently in de-termining whether they satisfy any oc-cupancy, admission, enrollment, eligi-bility, membership, or other require-ment or condition which persons must VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00680 Fmt 8010 Sfmt 8010 Y:SGML2230

44、77.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-671 Office of Asst. Secy., Equal Opportunity, HUD 107.30 meet in order to be provided any hous-ing, accommodations, facilities, serv-ices, financial aid, f

45、inancing or other benefits under a program or activity; and (vi) Denying a person opportunity to participate in a program or activity through the provision of services or otherwise, or affording the person an opportunity to do so which is different from that afforded others in a program or activity.

46、 (3) Noncompliance with relevant af-firmative fair housing marketing re-quirements contained in Department programs and regulations. (4) A formal finding of a violation of title VIII of the Civil Rights Act of 1968 or a state or local fair housing law with respect to activities also covered by E.O.

47、11063. 45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985; 61 FR 5205, Feb. 9, 1996 107.20 Prohibition against discrimi-natory practices. (a) No person receiving assistance from or participating in any program or activity of the Department involv-ing housing and related facilities s

48、hall engage in a discriminatory practice. (b) Where such person has been found by the Department or any other Fed-eral Department, agency, or court to have previously discriminated against persons on the ground of race, color, religion (creed), sex or national origin, he or she must take affirmative

49、 action to overcome the effects of prior dis-crimination. (c) Nothing in this part precludes such person from taking affirmative action to prevent discrimination in housing or related facilities where the purpose of such action is to overcome prior discriminatory practice or usage or to overcome the effects of condi-tions which resulted in limiting par-ticipation by persons of a particular race, color, religion (creed), sex or na-tional origin. 45 FR 59514