| 24 CFR 570.602
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
Subpart K--Other Program Requirements
Sec. 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063.
(a) The following requirements apply according to sections 104(b)
and 107 of the Act:
(1) Public Law 88-352, which is title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR
part 1.
(2) Public Law 90-284, which is the Fair Housing Act (42 U.S.C.
3601-3620). In accordance with the Fair Housing Act, the Secretary
requires that grantees administer all programs and activities related to
housing and community development in a manner to affirmatively further
the policies of the Fair Housing Act. Furthermore, in accordance with
section 104(b)(2) of the Act, for each community receiving a grant under
subpart D of this part, the certification that the grantee will
affirmatively further fair housing shall specifically require the
grantee to assume the responsibility of fair housing planning by
conducting an analysis to identify impediments to fair housing choice
within its jurisdiction, taking appropriate actions to overcome the
effects of any impediments identified through that analysis, and
maintaining records reflecting the analysis and actions in this regard.
(b) Executive Order 11063, as amended by Executive Order 12259 (3
CFR, 1959-1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307) (Equal
Opportunity in Housing), and implementing regulations in 24 CFR part
107, also apply.
[61 FR 11477, Mar. 20, 1996]
Sec. 570.602 Section 109 of the Act.
Section 109 of the Act requires that no person in the United States
shall on the grounds of race, color, national origin, religion, or sex
be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance made available pursuant to the Act. Section
109 also directs that the prohibitions against discrimination on the
basis of age under the Age Discrimination Act and the prohibitions
against discrimination on the basis of disability under Section 504
shall apply to programs or activities receiving Federal financial
assistance under Title I programs. The policies and procedures necessary
to ensure enforcement of section 109 are codified in 24 CFR part 6.
[64 FR 3802, Jan. 25, 1999] Sec. 570.912 Nondiscrimination compliance.
(a) Whenever the Secretary determines that a unit of general local
government which is a recipient of assistance under this part has failed
to comply with Sec. 570.602, the Secretary shall notify the governor of
such State or chief executive officer of such unit of general local
government of the noncompliance and shall request the governor or the
chief executive officer to secure compliance. If within a reasonable
period of time, not to exceed sixty days, the governor or chief
executive officer fails or refuses to secure compliance, the Secretary
is authorized to:
(1) Refer the matter to the Attorney General with a recommendation
that an appropriate civil action be instituted;
(2) Exercise the powers and functions provided by title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d);
(3) Exercise the powers and functions provided for in Sec. 570.913;
or
(4) Take such other action as may be provided by law.
(b) When a matter is referred to the Attorney General pursuant to
paragraph (a)(1) of this section, or whenever the Secretary has reason
to believe that a State or a unit of general local government is engaged
in a pattern or practice in violation of the provisions of Sec. 570.602,
the Attorney General may bring a civil action in any appropriate United
States district court for such relief as may be appropriate, including
injunctive relief.
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