[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1.5]



[Page 10-11]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 1_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT_EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  1.5  Assurances required.



    (a) General. (1) Every contract for Federal financial assistance to 

carry out a program or activity to which this part 1 applies, executed 

on or after January 3, 1965, and every application for such Federal 

financial assistance submitted on or after January 3, 1965, shall, as a 

condition to its approval and the extension of any Federal financial 

assistance pursuant to such contract or application, contain or be 

accompanied by an assurance that the program or activity will be 

conducted and the housing, accommodations, facilities, services, 

financial aid, or other benefits to be provided will be operated and 

administered in compliance with all requirements imposed by or pursuant 

to this part 1. In the case of a contract or application where the 

Federal financial assistance is to provide or is in the form of personal 

property or real property or interest therein or structures thereon, the 

assurance shall obligate the recipient or, in the case of a subsequent 

transfer, the transferee, for the period during which the property is 

used for a purpose for which the Federal financial assistance is 

extended or for another purpose involving the provision of similar 

services or benefits, or for as long as the recipient retains ownership 

or possession of the property, whichever is longer. In all other cases 

the assurance shall obligate the recipient for the period during which 

Federal financial assistance is extended pursuant to the contract or 

application. The responsible Department official shall specify the form 

of the foregoing assurance for such program or activity, and the extent 

to which like assurances will be required of subgrantees, contractors 

and subcontractors, transferees, successors in interest, and other 

participants in the program or activity. Any such assurance shall 

include provisions which give the United States a right to seek its 

judicial enforcement.

    (2) In the case of real property, structures or improvements 

thereon, or interests therein, acquired through a program of Federal 

financial assistance the instrument effecting any disposition by the 

recipient of such real property, structures or improvements thereon, or 

interests therein, shall contain a covenant running with the land 

assuring nondiscrimination for the period during which the real property 

is used for a purpose for which the Federal financial assistance is 

extended or for another purpose involving the provision of similar 

services or benefits. In the case where Federal financial assistance is 

provided in the form of a transfer of real property or interests therein 

from the Federal Government, the instrument effecting or recording the 

transfer shall contain such a covenant.

    (3) In program receiving Federal financial assistance in the form, 

or for the acquisition, of real property or an interest in real 

property, to the extent that rights to space on, over, or under any such 

property are included as part of the program receiving such assistance, 

the nondiscrimination requirements of this part 1 shall extend to any 

facility located wholly or in part in such space.

    (b) Preexisting contracts--funds not disbursed. In any case where a 

contract for Federal financial assistance, to carry



[[Page 11]]



out a program or activity to which this part 1 applies, has been 

executed prior to January 3, 1965, and the funds have not been fully 

disbursed by the Department, the responsible Department official shall, 

where necessary to effectuate the purposes of this part 1, require an 

assurance similar to that provided in paragraph (a) of this section as a 

condition to the disbursement of further funds.

    (c) Preexisting contracts--periodic payments. In any case where a 

contract for Federal financial assistance, to carry out a program or 

activity to which this part 1 applies, has been executed prior to 

January 3, 1965, and provides for periodic payments for the continuation 

of the program or activity, the recipient shall, in connection with the 

first application for such periodic payments on or after January 3, 

1965: (1) Submit a statement that the program or activity is being 

conducted in compliance with all requirements imposed by or pursuant to 

this part 1 and (2) provide such methods of administration for the 

program or activity as are found by the responsible Department official 

to give reasonable assurance that the recipient will comply with all 

requirements imposed by or pursuant to this part 1.

    (d) Assurances from institutions. (1) In the case of any application 

for Federal financial assistance to an institution of higher education, 

the assurance required by this section shall extend to admission 

practices and to all other practices relating to the treatment of 

students.

    (2) The assurance required with respect to an institution of higher 

education, hospital, or any other institution, insofar as the assurance 

relates to the institution's practices with respect to admission or 

other treatment of persons as students, patients, or clients of the 

institution or to the opportunity to participate in the provision of 

services or other benefits to such persons, shall be applicable to the 

entire institution unless the applicant establishes, to the satisfaction 

of the responsible Department official, that the institution's practices 

in designated parts or programs of the institution will in no way affect 

its practices in the program of the institution for which Federal 

financial assistance is sought, or the beneficiaries of or participants 

in such program. If in any such case the assistance sought is for the 

construction of a facility or part of a facility, the assurance shall in 

any event extend to the entire facility and to facilities operated in 

connection therewith.

    (e) Elementary and secondary schools. The requirements of this 

section with respect to any elementary or secondary school or school 

system shall be deemed to be satisfied if such school or school system 

(1) is subject to a final order of a court of the United States for the 

desegregation of such school or school system, and provides an assurance 

that it will comply with such order, including any future modification 

of such order, or (2) submits a plan for the desegregation of such 

school or school system which the responsible official of the Department 

of Health and Human Services determines is adequate to accomplish the 

purposes of the Act and this part 1 within the earliest practicable 

time, and provides reasonable assurance that it will carry out such 

plan.



[38 FR 17949, July 5, 1973, as amended at 50 FR 9269, Mar. 7, 1985]