[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: 24CFR107.51]



[Page 697]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 107_NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER 

EXECUTIVE ORDER 11063--Table of Contents

 

Sec.  107.51  Findings of noncompliance.



    (a) A finding of noncompliance shall be made when the facts 

disclosed during an investigation or compliance review, or other 

information, indicate a failure to comply with the provisions of E.O. 

11063 or this part. In no event will a finding of noncompliance precede 

the completion of the compliance meeting procedures set forth in Sec.  

107.40.

    (b) Determinations of noncompliance with E.O. 11063 shall be made in 

any case in which the facts establish the existence of a discriminatory 

practice under Sec.  107.15(g)

    (c) The existence or use of a policy or practice, or any 

arrangement, criterion or other method of administration which has the 

effect of denying equal housing opportunity or which substantially 

impairs the ability of persons, because of race, color, religion 

(creed), sex or national origin, to apply for or receive the benefits of 

assistance shall be a basis for finding a discriminatory practice unless 

the respondent can establish that:

    (1) The policy or practice is designed to serve a legitimate 

business necessity or governmental purpose of the respondent;

    (2) The policy or practice effectively carries out the interest it 

is designed to serve; and

    (3) No alternative course of action could be adopted that would 

enable respondent's interest to be served with a less discriminatory 

impact.



[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]