1、698 24 CFR Subtitle B, Ch. I (4111 Edition) 115.309 relate to the agencys participation in FHAP. (e) All files will be kept in such fash-ion as to permit audits under applica-ble Office of Management and Budget circulars, procurement regulations and guidelines, and the Single Audit re-quirements for
2、 state and local agen-cies. 115.309 Subcontracting under the FHAP. If an agency subcontracts to a public or private organization any activity for which the organization will receive FHAP funds, the agency must ensure and certify in writing that the organi-zation is: (a) Using services, facilities, a
3、nd electronic information technologies that are accessible in accordance with the Americans with Disability Act (ADA) (42 U.S.C. 12101), Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 701), and Section 508(a)(1) of the Reha-bilitation Act amendments of 1998; (b) Complying with the standards o
4、f Section 3 of the Housing and Urban De-velopment Act of 1968 (42 U.S.C. 1441); (c) Affirmatively furthering fair housing in the provision of housing and housing-related services; and (d) Not presently debarred, sus-pended, proposed for debarment, de-clared ineligible, or voluntarily ex-cluded from
5、covered transactions by any federal debarment or agency. 115.310 FHAP and the First Amend-ment. None of the funding made available under the FHAP may be used to inves-tigate or prosecute any activity en-gaged in by one or more persons, in-cluding the filing or maintaining of a non-frivolous legal ac
6、tion, that may be protected by the First Amendment of the United States Constitution. HUD guidance is available that sets forth the procedures HUD will follow when it is asked to accept and dual-file a case that may implicate the First Amend-ment of the United States Constitu-tion. 115.311 Testing.
7、The following requirements apply to testing activities funded under the FHAP: (a) The testing must be done in ac-cordance with a HUD-approved testing methodology; (b) Testers must not have prior fel-ony convictions or convictions of any crimes involving fraud or perjury. (c) Testers must receive tra
8、ining or be experienced in testing procedures and techniques. (d) Testers and the organizations conducting tests, and the employees and agents of these organizations may not: (1) Have an economic interest in the outcome of the test, without prejudice to the right of any person or entity to recover d
9、amages for any cognizable in-jury; (2) Be a relative or acquaintance of any party in a case; (3) Have had any employment or other affiliation, within five years, with the person or organization to be tested; or (4) Be a competitor of the person or organization to be tested in the listing, rental, sa
10、le, or financing of real estate. PART 121COLLECTION OF DATA Sec. 121.1 Purpose. 121.2 Furnishing of data by program partici-pation. AUTHORITY: Title VIII, Civil Rights Act of 1968 (42 U.S.C. 36003620); E.O. 11063, 27 FR 11527; sec. 602, Civil Rights Act of 1964 (42 U.S.C. 2000d1); sec. 562, Housing
11、and Commu-nity Development Act of 1987 (42 U.S.C. 3608a); sec. 2, National Housing Act, 12 U.S.C. 1703; sec. 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d). SOURCE: 54 FR 3317, Jan. 23, 1989, unless otherwise noted. 121.1 Purpose. The purpose of this part is to enable the S
12、ecretary of Housing and Urban Development to carry out his or her re-sponsibilities under the Fair Housing Act, Executive Order 11063, dated No-vember 20, 1962, title VI of the Civil Rights Act of 1964, and section 562 of the Housing and Community Develop-ment Act of 1987. These authorities prohibit
13、 discrimination in housing and in programs receiving financial assist-ance from the Department of Housing and Urban Development, and they di-rect the Secretary to administer the VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00708 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8
14、KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-699 Office of Asst. Secy., Equal Opportunity, HUD 125.103 Departments housing and urban devel-opment programs and activities in a manner affirmatively to further these policies and to
15、 collect certain data to assess the extent of compliance with these policies. 121.2 Furnishing of data by program participants. Participants in the programs admin-istered by the Department shall fur-nish to the Department such data con-cerning the race, color, religion, sex, national origin, age, ha
16、ndicap, and family characteristics of persons and households who are applicants for, par-ticipants in, or beneficiaries or poten-tial beneficiaries of, those programs as the Secretary may determine to be necessary or appropriate to enable him or her to carry out his or her respon-sibilities under th
17、e authorities referred to in 121.1. PART 125FAIR HOUSING INITIATIVES PROGRAM Sec. 125.103 Definitions. 125.104 Program administration. 125.105 Application requirements. 125.106 Waivers. 125.107 Testers. 125.201 Administrative Enforcement Initia-tive. 125.301 Education and Outreach Initiative. 125.40
18、1 Private Enforcement Initiative. 125.501 Fair Housing Organizations Initia-tive. AUTHORITY: 42 U.S.C. 3535(d), 3616 note. SOURCE: 60 FR 58452, Nov. 27, 1995, unless otherwise noted. 125.103 Definitions. In addition to the definitions that ap-pear at section 802 of title VIII (42 U.S.C. 3602), the f
19、ollowing definitions apply to this part: Assistant Secretary means the Assist-ant Secretary for Fair Housing and Equal Opportunity in the Department of Housing and Urban Development. Expert witness means a person who testifies, or who would have testified but for a resolution of the case before a ve
20、rdict is entered, and who qualifies as an expert witness under the rules of the court where the litigation funded by this part is brought. Fair housing enforcement organization (FHO) means any organization, wheth-er or not it is solely engaged in fair housing enforcement activities, that (1) Is orga
21、nized as a private, tax-ex-empt, nonprofit, charitable organiza-tion; (2) Is currently engaged in complaint intake, complaint investigation, test-ing for fair housing violations and en-forcement of meritorious claims; and (3) Upon the receipt of FHIP funds will continue to be engaged in com-plaint i
22、ntake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims. The Department may request an or-ganization to submit documentation to support its claimed status as an FHO. FHIP means the Fair Housing Initia-tives Program authorized by section 561 of the Ho
23、using and Community De-velopment Act of 1987 (42 U.S.C. 3616 note). Meritorious claims means enforcement activities by an organization that re-sulted in lawsuits, consent decrees, legal settlements, HUD and/or substan-tially equivalent agency (under 24 CFR 115.6) conciliations and organization initi
24、ated settlements with the outcome of monetary awards for compensatory and/or punitive damages to plaintiffs or complaining parties, or other affirma-tive relief, including the provision of housing. Qualified fair housing enforcement or-ganization (QFHO) means any organiza-tion, whether or not it is
25、solely en-gaged in fair housing enforcement ac-tivities, that (1) Is organized as a private, tax-ex-empt, nonprofit, charitable organiza-tion; (2) Has at least 2 years experience in complaint intake, complaint investiga-tion, testing for fair housing violations and enforcement of meritorious claims;
26、 and (3) Is engaged in complaint intake, complaint investigation, testing for fair housing violations and enforce-ment of meritorious claims at the time of application for FHIP assistance. For the purpose of meeting the 2-year qualification period for the activities VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00709 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
