[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR108.40]

[Page 669-670]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 108--COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING--Table of Contents
 
Sec. 108.40  Compliance reviews.

    (a) General. All compliance reviews shall be conducted by the civil 
rights/compliance reviewing office. Complaints alleging a violation(s) 
of the AFHM regulations, or information ascertained in the absence of a 
complaint indicating an applicant's failure to comply with an AFHM plan, 
shall be referred immediately to the civil rights/compliance reviewing 
office. The monitoring office shall be notified as appropriate of all 
alleged violations of the AFHM regulations or alleged failure to comply 
with an AFHM plan.
    (b) Initiation of compliance reviews. Even in the absence of a 
complaint or other information indicating noncompliance pursuant to 
paragraph (a), the civil rights/compliance reviewing office may conduct 
periodic compliance reviews throughout the life of the mortgage in the 
case of multi-family projects and throughout the duration of the Housing 
Assistance Payments Contract with the Department in the case of housing 
assisted under section 8 of the United States Housing Act of 1937, as 
amended, 42 U.S.C. 1437.
    (c) Nature of compliance reviews. The purpose of a compliance review 
is to

[[Page 670]]

determine whether the applicant is in compliance with the Department's 
AFHM requirements and the applicant's approved AFHM plan. Where 
allegations under this part may also constitute a violation of the 
provisions of Executive Order 11063 or title VIII, the review will also 
determine compliance with the requirements thereof. The applicant shall 
be given at least five (5) days notice of the time set for any 
compliance review and the place or places for such review. The 
compliance review will cover the following areas:
    (1) Applicant's sales and rental practices, including practices in 
soliciting buyers and tenants, determining eligibility, selecting and 
rejecting buyers and renters, and in concluding sales and rental 
transactions.
    (2) Programs to attract minority and majority buyers and renters 
regardless of sex, including:
    (i) Use of advertising media, brochures, and pamphlets;
    (ii) Conformance with both the Department's Fair Housing Poster 
Regulation (24 CFR part 110) and the Advertising Guidelines for Fair 
Housing (37 FR 6700) and any revisions thereto.
    (3) Data relating to:
    (i) The size and location of units;
    (ii) Services provided;
    (iii) Sales and/or rental price ranges;
    (iv) The race and sex of buyers and/or renters;
    (v) Race and sex of staff engaged in sale or rental of dwellings.
    (4) Other matters relating to the marketing or sales of dwellings 
under HUD affirmative marketing requirements, the AFMH Plan and this 
part.

[44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44096, Aug. 12, 1999]