[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR291.435]

[Page 503-504]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY--Table of Contents
 
 Subpart E--Lease and Sale of HUD-Acquired Single Family Properties for 
                              the Homeless
 
Sec. 291.435  Applicability of other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following Federal requirements apply to lessees and purchasers under 
this subpart:
    (a) Nondiscrimination and equal opportunity. (1) The 
nondiscrimination and equal opportunity requirements set forth in 24 CFR 
part 5 are modified as follows:
    (i) As applicable, lessees and purchasers must also comply with the 
Americans With Disabilities Act (42 U.S.C. 12131) and implementing 
regulations in 28 CFR parts 35 and 36.
    (ii) The requirements of section 3 of the Housing and Urban 
Development Act of 1968 (12 U.S.C. 1701u), and Executive Order 11246 (30 
FR 12319, 12935, 3 CFR, 1946-1965 Comp., p. 339; Executive Order 11625 
(36 FR 19967, 3 CFR, 1971-1975 Comp., p. 616); Executive Order 12432 (48 
FR 32551, 3 CFR, 1983 Comp., p. 198; and Executive Order 12138 (44 FR 
29637, 3 CFR, 1979 Comp., p. 393) do not apply to this subpart.
    (2) Lessees or purchasers that intend to serve designated 
populations of the homeless must comply, within the designated 
population, with the requirements for nondiscrimination on the basis of 
race, color, religion, sex, national origin, age, familial status, and 
disability.
    (3) If the procedures that the lessee or purchaser intends to use to 
make known the availability of housing are unlikely to reach persons of 
any particular race, color, religion, sex, age, national origin, 
familial status, or disability who may qualify for admission to the 
housing, the recipient must establish additional procedures that will 
ensure that interested persons can obtain information concerning the 
availability of the housing.
    (4) The lessee or purchaser must adopt procedures to make available 
information on the existence and locations of facilities and services 
that are accessible to persons with a handicap and maintain evidence of 
implementation of the procedures.
    (b) Conflicts of interest. No person who is an employee, agent, 
consultant, officer, or elected or appointed official of the lessee or 
purchaser of property under this subpart, or who is in a position to 
participate in a decisionmaking process or gain inside information with 
regard to the lease or purchase of the property, may obtain a personal 
or financial interest or benefit from the lease or purchase of the 
property, or have an interest in any contract, subcontract, or agreement 
with respect

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thereto, or the proceeds thereunder, either for himself or herself or 
for those with whom he or she has family or business ties, during his or 
her tenure or for one year thereafter.

[61 FR 55715, Oct. 28, 1996]