[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: 24CFR92.351]

[Page 618-619]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents
 
                  Subpart H_Other Federal Requirements
 
Sec. 92.351  Affirmative marketing; minority outreach program.

    (a) Affirmative marketing. (1) Each participating jurisdiction must 
adopt affirmative marketing procedures and requirements for rental and 
homebuyer projects containing 5 or more HOME-assisted housing units. 
Affirmative marketing steps consist of actions to provide information 
and otherwise attract eligible persons in the housing market area to the 
available housing without regard to race, color, national origin, sex, 
religion, familial status or disability. (The affirmative marketing 
procedures do not apply to families with Section 8 tenant-based rental 
housing assistance or families with tenant-based rental assistance 
provided with HOME funds.)

[[Page 619]]

    (2) The affirmative marketing requirements and procedures adopted 
must include:
    (i) Methods for informing the public, owners, and potential tenants 
about Federal fair housing laws and the participating jurisdiction's 
affirmative marketing policy (e.g., the use of the Equal Housing 
Opportunity logotype or slogan in press releases and solicitations for 
owners, and written communication to fair housing and other groups);
    (ii) Requirements and practices each owner must adhere to in order 
to carry out the participating jurisdiction's affirmative marketing 
procedures and requirements (e.g., use of commercial media, use of 
community contacts, use of the Equal Housing Opportunity logotype or 
slogan, and display of fair housing poster);
    (iii) Procedures to be used by owners to inform and solicit 
applications from persons in the housing market area who are not likely 
to apply for the housing without special outreach (e.g., use of 
community organizations, places of worship, employment centers, fair 
housing groups, or housing counseling agencies);
    (iv) Records that will be kept describing actions taken by the 
participating jurisdiction and by owners to affirmatively market units 
and records to assess the results of these actions; and
    (v) A description of how the participating jurisdiction will 
annually assess the success of affirmative marketing actions and what 
corrective actions will be taken where affirmative marketing 
requirements are not met.
    (3) A State that distributes HOME funds to units of general local 
government must require each unit of general local government to adopt 
affirmative marketing procedures and requirements that meet the 
requirement in paragraphs (a) and (b) of this section.
    (b) Minority outreach. A participating jurisdiction must prescribe 
procedures acceptable to HUD to establish and oversee a minority 
outreach program within its jurisdiction to ensure the inclusion, to the 
maximum extent possible, of minorities and women, and entities owned by 
minorities and women, including, without limitation, real estate firms, 
construction firms, appraisal firms, management firms, financial 
institutions, investment banking firms, underwriters, accountants, and 
providers of legal services, in all contracts entered into by the 
participating jurisdiction with such persons or entities, public and 
private, in order to facilitate the activities of the participating 
jurisdiction to provide affordable housing authorized under this Act or 
any other Federal housing law applicable to such jurisdiction. Section 
85.36(e) of this title describes actions to be taken by a participating 
jurisdiction to assure that minority business enterprises and women 
business enterprises are used when possible in the procurement of 
property and services.