[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

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

[CITE: 24CFR582.330]



[Page 246-247]

 

                 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 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



[[Page 247]]



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]