[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: 24CFR146.47]

[Page 732]
 
                 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 D_Investigation, Settlement, and Enforcement Procedures
 
Sec. 146.47  Remedial and affirmative action by recipients.

    (a) Where the Secretary finds that a recipient has unlawfully 
discriminated on the basis of age, the recipient shall take any action 
that the Secretary may require to overcome the effects of the 
discrimination. If another recipient exercises control over a 
subrecipient that has unlawfully discriminated, the Secretary may 
require both recipients to take remedial action.
    (b) Even in the absence of a finding of discrimination, a recipient 
may take affirmative action to overcome the effects of conditions that 
resulted in limited participation in the recipient's program or activity 
on the basis of age.
    (c) If a recipient operating a program which serves the elderly or 
children in addition to persons of other ages provides special benefits 
to the elderly or children, the provision of those benefits shall be 
presumed to be voluntary affirmative action, provided that it does not 
have the effect of excluding otherwise eligible persons from 
participation in the program.