[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR146.13]

[Page 727-728]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 146_NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
         Subpart B_Standards for Determining Age Discrimination
 
Sec. 146.13  Rules against age discrimination.

    (a) The rules stated in this paragraph are limited by the exceptions 
contained in paragraphs (b) and (c) of this section.
    (1) General rule. No person in the United States shall, on the basis 
of age, be excluded from participation in, be denied the benefits of, or 
be subjected to discrimination under, any program or activity receiving 
Federal financial assistance.
    (2) Specific rules. A recipient may not, in any program or activity 
receiving Federal financial assistance, directly or through contracting, 
licensing, or other arrangements, use age distinctions or take any other 
actions that have the effect, on the basis of age, of:
    (i) Excluding individuals from, denying them the benefits of, or 
subjecting them to discrimination under, a program or activity receiving 
Federal financial assistance; or
    (ii) Denying or limiting individuals in their opportunity to 
participate in any program or activity receiving Federal financial 
assistance.
    (3) The specific forms of age discrimination listed in paragraph 
(a)(2) of this section do not necessarily constitute a complete list.
    (b) Exceptions for normal operation or statutory objective of any 
program or activity. A recipient is permitted to take an action 
otherwise prohibited by paragraph (a) of this section if the action 
reasonably takes into account age as a factor necessary to the normal 
operation or the achievement of any statutory objective of a program or 
activity. An action reasonably takes into account age as a factor 
necessary to the normal operation or the achievement of any statutory 
objective of a program or activity, if:

[[Page 728]]

    (1) Age is used as a measure or approximation of one or more other 
characteristics; and
    (2) The other characteristics must be measured or approximated in 
order for the normal operation of the program or activity to continue, 
or to achieve any statutory objective of the program or activity; and
    (3) The other characteristics can be reasonably measured or 
approximated by the use of age; and
    (4) The other characteristics are impractical to measure directly on 
an individual basis.
    (c) Exceptions for reasonable factors other than age. A recipient is 
permitted to take action otherwise prohibited by paragraph (a) of this 
section if the action is based on a factor other than age, even though 
that action may have a disproportionate effect on persons of different 
ages. An action may be based on a factor other than age only if the 
factor bears a direct and substantial relationship to the normal 
operation of the program or activity or the achievement of a statutory 
objective.
    (d) Burden of proof. The burden of proving that an age distinction 
or other action falls within an exception described in paragraph (b) or 
(c) of this section is on the recipient of Federal financial assistance.
    (e) For the purposes of paragraphs (b) and (c), normal operation 
means the operation of a program or activity without significant changes 
that would impair its ability to meet its statutory objectives. 
Statutory objectives means any purpose of a program or activity 
expressly stated in any Federal, State, or local statute adopted by an 
elected, general purpose legislative body.
    (f) Notwithstanding paragraph (b) of this section, if a recipient 
operating a program provides special benefits to the elderly or to 
children, such use of age distinctions shall be presumed to be necessary 
to the normal operation of the program.