[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: 24CFR583.325]

[Page 258-259]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 583_SUPPORTIVE HOUSING PROGRAM--Table of Contents
 
                     Subpart D_Program Requirements
 
Sec. 583.325  Nondiscrimination and equal opportunity requirements.

    (a) General. Notwithstanding the permissibility of proposals that 
serve designated populations of disabled homeless persons, recipients 
serving a designated population of disabled homeless persons are 
required, within the designated population, to comply with these 
requirements for nondiscrimination on the basis of race, color, 
religion, sex, national origin, age, familial status, and disability.

[[Page 259]]

    (b) Nondiscrimination and equal opportunity requirements. The 
nondiscrimination and equal opportunity requirements set forth at part 5 
of this title apply to this program. 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 Indian housing authorities (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.
    (c) Procedures. (1) If the procedures that the recipient intends to 
use to make known the availability of the supportive housing are 
unlikely to reach persons of any particular race, color, religion, sex, 
age, national origin, familial status, or handicap who may qualify for 
admission to the housing, the recipient must establish additional 
procedures that will ensure that such persons can obtain information 
concerning availability of the housing.
    (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) Accessibility requirements. The recipient must comply with the 
new construction accessibility requirements of the Fair Housing Act and 
section 504 of the Rehabilitation Act of 1973, and the reasonable 
accommodation and rehabilitation accessibility requirements of section 
504 as follows:
    (1) All new construction must meet the accessibility requirements of 
24 CFR 8.22 and, as applicable, 24 CFR 100.205.
    (2) Projects in which costs of rehabilitation are 75 percent or more 
of the replacement cost of the building must meet the requirements of 24 
CFR 8.23(a). Other rehabilitation must meet the requirements of 24 CFR 
8.23(b).

[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30, 1994; 
61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30, 1996]