[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: 24CFR583.325]



[Page 262-263]

 

                 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.

    (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,



[[Page 263]]



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]