| 24 CFR 1
TITLE 24--HOUSING AND URBAN DEVELOPMENT
PART 1--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--
EFFECTUATION 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 for 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.
Sec. 1.1 Purpose.
The purpose of this part 1 is to effectuate the provisions of title
VI of the Civil Rights Act of 1964 (hereafter referred 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 otherwise subjected to discrimination
under any program or activity receiving Federal financial assistance
from the Department of Housing and Urban Development.
Sec. 1.2 Definitions.
As used in this part 1--
(a) The term Department means the Department of Housing and Urban
Development.
(b) The term Secretary means the Secretary of Housing and Urban
Development.
(c) The term responsible 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 delegate such authority.
(d) The term United States means the States of the United States,
the District 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 assistance includes: (1) Grants,
loans, and advances of Federal funds, (2) the grant or donation of
Federal property and interests 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 consideration 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 recipient, and (5) any Federal
agreement, arrangement, or other contract which has as one of its
purposes the provision of assistance. The term Federal financial
assistance does not include a contract 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, institution, organization, or other entity, or
any individual, in any State, to whom Federal financial assistance is
extended, directly or through another recipient, for any program or
activity, or who otherwise participates in carrying out such program or
activity (such as a redeveloper in the Urban Renewal Program), including
any successor, assign, or transferee thereof, but such term does not
include
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any ultimate beneficiary under any such program or activity.
(g) The term applicant means one who submits an application,
contract, request, or plan requiring Department approval as a condition
to eligibility for Federal financial assistance, and the term
application means such an application, contract, request, or plan.
Sec. 1.3 Application of Part 1.
This part 1 applies to any program or activity for which Federal
financial assistance is authorized under a law administered by the
Department, including any program or activity assisted under the
statutes listed in appendix 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 assistance by way of
insurance or guaranty contracts, (b) money paid, property transferred,
or other assistance extended to any such program or activity before
January 3, 1965, (c) any assistance to any person who is the ultimate
beneficiary under any such program or activity, or (d) any employment
practice, under any such program or activity, of any employer,
employment agency, or labor organization, except to the extent described
in Sec. 1.4(c). The fact that certain financial assistance is not listed
in appendix A shall not mean, if title VI of the Act is otherwise
applicable, that such financial assistance is not covered. Other
financial assistance under statutes now in force or hereinafter enacted
may be added to this list by notice published in the Federal Register.
Sec. 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 the benefits of, or be otherwise subjected to discrimination
under any program or activity to which this part 1 applies.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program or activity to which this part 1 applies may not,
directly or through contractual or other arrangements, on the ground of
race, color, or national origin:
(i) Deny a person any housing, accommodations, facilities, services,
financial aid, or other benefits provided under the program or activity;
(ii) Provide any housing, accommodations, facilities, services,
financial aid, or other benefits to a person which are different, or are
provided in a different manner, from those provided 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, accommodations, facilities,
services, financial aid, or other benefits under the program or
activity;
(iv) Restrict a person in any way in access to such housing,
accommodations, 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, facilities, services,
financial aid, or other benefits under the program or activity;
(v) Treat a person differently from others in determining whether he
satisfies any occupancy, admission, enrollment, eligibility, membership,
or other requirement or condition which persons must meet in order to be
provided any housing, accommodations, facilities, 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 opportunity to do so which is different from that afforded others
under the program or activity (including the opportunity to participate
in the program or activity as an employee but only to the extent set
forth in paragraph (c) of this section).
(vii) Deny a person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(2)(i) A recipient, in determining the types of housing,
accommodations, facilities, services, financial aid, or other benefits
which will be provided under any such program or activity, or the
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class of persons to whom, or the situations in which, such housing,
accommodations, facilities, services, financial aid, or other benefits
will be provided under any such program or activity, or the class of
persons to be afforded 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 effect of subjecting persons to discrimination because of their
race, color, or national origin, or have the effect of defeating or
substantially impairing accomplishment of the objectives of the program
or activity as respect to persons of a particular race, color, or
national origin.
(ii) A recipient, in operating low-rent housing with Federal
financial assistance 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 Department official, providing for
assignment on a community-wide basis in sequence based upon the date and
time the application is received, the size or type of unit suitable, and
factors affecting preference or priority established by the recipient's
regulations, which are not inconsistent with the objectives 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 Department official.
(iii) The responsible Department official is authorized to prescribe
and promulgate plans, exceptions, procedures, and requirements for the
assignment and reassignment of eligible applicants and tenants
consistent with the purpose of paragraph (b)(2)(ii) of this section,
this part 1, and title VI of the Civil Rights Act of 1964, in order to
effectuate and insure compliance with the requirements imposed
thereunder.
(3) In determining the site or location of housing, accommodations,
or facilities, an applicant or recipient may not make selections with
the purpose or effect of excluding individuals 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
impairing the accomplishment of the objectives of the Act or this part
1.
(4) As used in this part 1 the housing, accommodations, facilities,
services, financial aid, or other benefits provided under a program or
activity receiving Federal financial assistance shall be deemed to
include any housing, accommodations, facilities, services, financial
aid, or other 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 paragraphs (b) and (c) of this section does not limit the generality
of the prohibition in paragraph (a) of this section.
(6)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program should take affirmative 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 practice or usage tends, on the ground of
race, color, or national origin, to exclude individuals from
participation in, to deny them the benefits of, or to subject 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 consequences 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 financial assistance to a program or activity to which this part
1 applies is to provide employment, a recipient may not, directly or
through contractual or other arrangements, subject a person to
discrimination on the ground of race, color, or national origin in its
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employment practices under such program or activity (including
recruitment or recruitment advertising, employment, layoff, termination,
upgrading, demotion, transfer, rates of pay or other forms of
compensation and use of facilities). The requirements 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 employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to this part 1 tends, on the ground of race,
color, or national origin, to exclude individuals from participation in,
to deny them the benefits of, or to subject them to discrimination under
any program to which this part 1 applies, the provisions of this
paragraph (c) shall apply to the employment practices of the recipient
or other persons subject to this part 1 to the extent necessary to
assure equality of opportunity to, and nondiscriminatory treatment of,
beneficiaries.
Sec. 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 after 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 benefits to be provided will be operated and
administered in compliance with all requirements imposed by or pursuant
to this part 1. In the case of a contract or application where the
Federal financial assistance is to provide or is in the form of personal
property or real property or interest therein or structures thereon, the
assurance shall obligate the recipient or, in the case of a subsequent
transfer, the transferee, for the period during which the property is
used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar
services or benefits, or for as long as the recipient retains ownership
or possession of the property, whichever is longer. In all other cases
the assurance shall obligate the recipient for the period during which
Federal financial assistance is extended pursuant to the contract or
application. The responsible Department official shall specify the form
of the foregoing assurance for such program or activity, and the extent
to which like assurances will be required of subgrantees, contractors
and subcontractors, transferees, successors in interest, and other
participants in the program or activity. Any such assurance shall
include provisions which give the United States a right to seek its
judicial enforcement.
(2) In the case of real property, structures or improvements
thereon, or interests therein, acquired through a program of Federal
financial assistance the instrument effecting any disposition by the
recipient of such real property, structures or improvements thereon, or
interests therein, shall contain a covenant running with the land
assuring nondiscrimination for the period during which the real property
is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar
services or benefits. In the case where Federal financial assistance is
provided in the form of a transfer of real property or interests therein
from the Federal Government, the instrument effecting or recording the
transfer shall contain such a covenant.
(3) In program receiving Federal financial assistance in the form,
or for the acquisition, of real property or an interest in real
property, to the extent that rights to space on, over, or under any such
property are included as part of the program receiving such assistance,
the nondiscrimination requirements of this part 1 shall extend to any
facility located wholly or in part in such space.
(b) Preexisting contracts--funds not disbursed. In any case where a
contract for Federal financial assistance, to carry
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out a program or activity to which this part 1 applies, has been
executed prior to January 3, 1965, and the funds have not been fully
disbursed by the Department, the responsible Department official shall,
where necessary to effectuate the purposes of this part 1, require an
assurance similar to that provided in paragraph (a) of this section as a
condition to the disbursement of further funds.
(c) Preexisting contracts--periodic payments. In any case where a
contract for Federal financial assistance, to carry out a program or
activity to which this part 1 applies, has been executed prior to
January 3, 1965, and provides for periodic payments for the continuation
of the program or activity, the recipient shall, in connection with the
first application for such periodic payments on or after January 3,
1965: (1) Submit a statement that the program or activity is being
conducted in compliance with all requirements imposed by or pursuant to
this part 1 and (2) provide such methods of administration for the
program or activity as are found by the responsible Department official
to give reasonable assurance that the recipient will comply with all
requirements imposed by or pursuant to this part 1.
(d) Assurances from institutions. (1) In the case of any application
for Federal financial assistance to an institution of higher education,
the assurance required by this section shall extend to admission
practices and to all other practices relating to the treatment of
students.
(2) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of persons as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such persons, shall be applicable to the
entire institution unless the applicant establishes, to the satisfaction
of the responsible Department official, that the institution's practices
in designated parts or programs of the institution will in no way affect
its practices in the program of the institution for which Federal
financial assistance is sought, or the beneficiaries of or participants
in such program. If in any such case the assistance sought is for the
construction of a facility or part of a facility, the assurance shall in
any event extend to the entire facility and to facilities operated in
connection therewith.
(e) Elementary and secondary schools. The requirements of this
section with respect to any elementary or secondary school or school
system shall be deemed to be satisfied if such school or school system
(1) is subject to a final order of a court of the United States for the
desegregation of such school or school system, and provides an assurance
that it will comply with such order, including any future modification
of such order, or (2) submits a plan for the desegregation of such
school or school system which the responsible official of the Department
of Health and Human Services determines is adequate to accomplish the
purposes of the Act and this part 1 within the earliest practicable
time, and provides reasonable assurance that it will carry out such
plan.
[38 FR 17949, July 5, 1973, as amended at 50 FR 9269, Mar. 7, 1985]
Sec. 1.6 Compliance information.
(a) Cooperation and assistance. The responsible Department official
and each Department official who by law or delegation has the principal
responsibility within the Department for the administration of any law
extending financial assistance subject to this part 1 shall to the
fullest extent practicable seek the cooperation of recipients in
obtaining compliance with this part 1 and shall provide assistance and
guidance to recipients to help them comply voluntarily with this part 1.
(b) Compliance reports. Each recipient shall keep such records and
submit to the responsible Department official or his designee timely,
complete, and accurate compliance reports at such times, and in such
form and containing such information, as the responsible Department
official or his designee may determine to be necessary to enable him to
ascertain whether the recipient has complied or is complying with this
part 1. In general, recipients should have available for the department
racial and ethnic data showing
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the extent to which members of minority groups are beneficiaries of
federally assisted programs.
(c) Access to sources of information. Each recipient shall permit
access by the responsible Department official or his designee during
normal business hours to such of its books, records, accounts, and other
sources of information, and its facilities as may be pertinent to
ascertain compliance with this part 1. Where any information required of
a recipient is in the exclusive possession of any other agency,
institution, or person and this agency, institution, or person shall
fail or refuse to furnish this information, the recipient shall so
certify in its report and shall set forth what efforts it has made to
obtain the information.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of this
part 1 and its applicability to the program or activity under which the
recipient receives Federal financial assistance, and make such
information available to them in such manner, as the responsible
Department official finds necessary to apprise such persons of the
protections against discrimination assured them by the Act and this part
1.
Sec. 1.7 Conduct of investigations.
(a) Periodic compliance reviews. The responsible Department official
or his designee shall from time to time review the practices of
recipients to determine whether they are complying with this part 1.
(b) Complaints. Any person who believes himself or any specific
class of persons to be subjected to discrimination prohibited by this
part 1 may by himself or by a representative file with the responsible
Department official or his designee a written complaint. A complaint
must be filed not later than 180 days from the date of the alleged
discrimination, unless the time for filing is extended by the
responsible Department official or his designee.
(c) Investigations. The responsible Department official or his
designee shall make a prompt investigation whenever a compliance review,
report, complaint, or any other information indicates a possible failure
to comply with this part 1. The investigation should include, where
appropriate, a review of the pertinent practices and policies of the
recipient, the circumstances under which the possible noncompliance with
this part 1 occurred, and other factors relevant to a determination as
to whether the recipient has failed to comply with this part .
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part 1, the responsible Department official or his designee will so
inform the recipient and the matter will be resolved by informal means
whenever possible. If it has been determined that the matter cannot be
resolved by informal means, action will be taken as provided for in
Sec. 1.8.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section the responsible Department official or
his designee will so inform the recipient and the complainant, if any,
in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce, or discriminate against
any person for the purpose of interfering with any right or privilege
secured by title VI of the Act or this part 1, or because he has made a
complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this part. The identity of
complainants shall be kept confidential except to the extent necessary
to carry out the purposes of this part, including the conduct of any
investigation, hearing, or judicial proceeding arising thereunder.
Sec. 1.8 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply with this part 1, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part 1 may be effected by the suspension or termination of or
refusal to grant or to continue Federal financial assistance, or by any
other means authorized by law. Such other means may include, but are not
limited to: (1) A reference to the
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Department of Justice with a recommendation that appropriate proceedings
be brought to enforce any rights of the United States under any law of
the United States (including other titles of the Act), or any assurance
or other contractual undertaking, and (2) any applicable proceeding
under State or local law.
(b) Noncompliance with Sec. 1.5. If an applicant fails or refuses to
furnish an assurance required under Sec. 1.5 or otherwise fails or
refuses to comply with the requirement imposed by or pursuant to that
section, Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. The Department shall
not be required to provide assistance in such a case during the pendency
of the administrative proceedings under such paragraph, except that the
Department shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to a
contract therefor approved prior to January 3, 1965.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating, or refusing to
grant or continue Federal financial assistance shall become effective
until (1) the responsible Department official has advised the applicant
or recipient of his failure to comply and has determined that compliance
cannot be secured by voluntary means, (2) there has been an express
finding on the record, after opportunity for hearing, of a failure by
the applicant or recipient to comply with a requirement imposed by or
pursuant to this part 1, (3) the action has been approved by the
Secretary, and (4) the expiration of 30 days after the Secretary has
filed with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written report
of the circumstances and the grounds for such action. Any action to
suspend or terminate or to refuse to grant or to continue Federal
financial assistance shall be limited to the particular political
entity, or part thereof, or other recipient as to whom such a finding
has been made and shall be limited in its effect to the particular
program, or part thereof, in which such noncompliance has been so found.
(d) Other means authorized by law. No action to effect compliance by
any other means authorized by law shall be taken until (1) the
responsible Department official has determined that compliance cannot be
secured by voluntary means, (2) the recipient or other person has been
notified of its failure to comply and of the action to be taken to
effect compliance, and (3) the expiration of at least 10 days from the
mailing of such notice to the applicant or recipient. During this period
of at least 10 days additional efforts shall be made to persuade the
applicant or recipient to comply with this part 1 and to take such
corrective action as may be appropriate.
Sec. 1.9 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 1.8(c), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision
under which the proposed action against it is to be taken, and the
matters of fact or law asserted as the basis for this action, and
either:
(1) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the responsible
Department official that the matter be scheduled for hearing, or (2)
advise the applicant or recipient that the matter in question has been
set down for hearing at a stated time and place. The time and place so
fixed shall be reasonable and shall be subject to change for cause. The
complainant, if any, shall be advised of the time and place of the
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this paragraph (a) or
to appear at a hearing for which a date has been set shall be deemed to
be a waiver of the right to a hearing under section 602 of the Act and
Sec. 1.8(c) and consent to the making
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of a decision on the basis of such information as is available.
(b) Hearing procedures. Hearings shall be conducted in accordance
with 24 CFR part 180.
38 FR 17949, July 5, 1973, as amended at 61 FR 52217, Oct. 4, 1996]
Sec. 1.10 Effect on other regulations; forms and instructions.
(a) Effect on other regulations. All regulations, orders, or like
directions heretofore issued by any officer of the Department which
impose requirements designed to prohibit any discrimination against
persons on the ground of race, color, or national origin under any
program or activity to which this part applies, and which authorize the
suspension or termination of or refusal to grant or to continue Federal
financial assistance to any applicant or recipient for failure to comply
with such requirements, are hereby superseded to the extent that such
discrimination is prohibited by this part, except that nothing in this
part shall be deemed to relieve any person of any obligation assumed or
imposed under any such superseded regulation, order, instruction, or
like direction prior to January 3, 1965. Nothing in this part, however,
shall be deemed to supersede any of the following (including future
amendments thereof):
(1) Executive Orders 11246 and 11375 and regulations issued
thereunder, or
(2) Executive Order 11063 and regulations issued thereunder, or any
other order, regulations or instructions, insofar as such order,
regulations, or instructions, prohibit discrimination on the ground of
race, color, or national origin in any program or activity or situation
to which this part is inapplicable, or prohibit discrimination on any
other ground.
(b) Forms and instructions. The responsible Department official
shall assure that forms and detailed instructions and procedures for
effectuating this part are issued and promptly made available to
interested persons.
(c) Supervision and coordination. The Secretary may from time to
time assign to officials of the Department, or to officials of other
departments or agencies of the Government with the consent of such
department or agency, responsibilities in connection with the
effectuation of the purposes of title VI of the Act and this part (other
than responsibility for final decision as provided in Sec. 1.10),
including the achievement of effective coordination and maximum
uniformity within the Department and within the Executive Branch of the
Government in the application of title VI and this part to similar
programs or activities and in similar situations. Any action taken,
determination made, or requirement imposed by an official of another
department or agency acting pursuant to an assignment of responsibility
under this paragraph shall have the same effect as though such action
had been taken by the responsible official of this Department.
[38 FR 17949, July 5, 1973. Redesignated at 61 FR 52217, Oct. 4, 1996]
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