[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR582.330]

[Page 242-243]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 582_SHELTER PLUS CARE--Table of Contents
 
                     Subpart D_Program Requirements
 
Sec. 582.330  Nondiscrimination and equal opportunity requirements.

    (a) General. Recipients may establish a preference as part of their 
admissions procedures for one or more of the statutorily targeted 
populations (i.e., seriously mentally ill, alcohol or substance abusers, 
or persons with AIDS and related diseases). However, other eligible 
disabled homeless persons must be considered for housing designed for 
the target population unless the recipient can demonstrate that

[[Page 243]]

there is sufficient demand by the target population for the units, and 
other eligible disabled homeless persons would not benefit from the 
primary supportive services provided.
    (b) Compliance with requirements. (1) In addition to the 
nondiscrimination and equal opportunity requirements set forth in 24 CFR 
part 5, recipients serving a designated population of homeless persons 
must, within the designated population, comply with the prohibitions 
against discrimination against handicapped individuals under section 503 
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations at 41 CFR chapter 60-741.
    (2) The nondiscrimination and equal opportunity requirements set 
forth at part 5 of this title are modified as follows:
    (i) The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to 
tribes when they exercise their powers of self-government, and to IHAs 
when established by the exercise of such powers. When an IHA is 
established under State law, the applicability of the Indian Civil 
Rights Act will be determined on a case-by-case basis. Projects subject 
to the Indian Civil Rights Act must be developed and operated in 
compliance with its provisions and all implementing HUD requirements, 
instead of title VI and the Fair Housing Act and their implementing 
regulations.
    (ii) [Reserved]
    (c) Affirmative outreach. (1) If the procedures that the recipient 
intends to use to make known the availability of the program are 
unlikely to reach persons of any particular race, color, religion, sex, 
age, national origin, familial status, or handicap who may qualify for 
assistance, the recipient must establish additional procedures that will 
ensure that interested persons can obtain information concerning the 
assistance.
    (2) The recipient 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.
    (d) The accessibility requirements, reasonable modification, and 
accommodation requirements of the Fair Housing Act and of section 504 of 
the Rehabilitation Act of 1973, as amended.

[58 FR 13892, Mar. 15, 1993, as amended at 61 FR 5210, Feb. 9, 1996]