[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: 24CFR6.4]



[Page 107-108]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 6_NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES RECEIVING ASSISTANCE 

UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec.  6.4  Discrimination prohibited.



    (a) Section 109 requires that no person in the United States shall 

be excluded from participation in, be denied the benefits of, or be 

subjected to discrimination under any program or activity funded in 

whole or in part with Federal financial assistance, on the grounds of 

race, color, national origin, religion, or sex.

    (1) A Recipient under any program or activity to which this part 

applies may not, directly or through contractual, licensing, or other 

arrangements, take any of the following actions on the grounds of race, 

color, national origin, religion, or sex:

    (i) Deny any individual any facilities, services, financial aid, or 

other benefits provided under the program or activity;

    (ii) Provide any facilities, services, financial aid, or other 

benefits that are different, or are provided in a different form, from 

that provided to others under the program or activity;

    (iii) Subject an individual to segregated or separate treatment in 

any facility, or in any matter of process related to the receipt of any 

service or benefit under the program or activity;

    (iv) Restrict an individual's access to, or enjoyment of, any 

advantage or privilege enjoyed by others in connection with facilities, 

services, financial aid or other benefits under the program or activity;

    (v) Treat an individual differently from others in determining 

whether the individual satisfies any admission, enrollment, eligibility, 

membership, or other requirements or conditions that the individual must 

meet in order to be



[[Page 108]]



provided any facilities, services, or other benefit provided under the 

program or activity;

    (vi) Deny an individual an opportunity to participate in a program 

or activity as an employee;

    (vii) Aid or otherwise perpetuate discrimination against an 

individual by providing Federal financial assistance to an agency, 

organization, or person that discriminates in providing any housing, 

aid, benefit, or service;

    (viii) Otherwise limit an individual in the enjoyment of any right, 

privilege, advantage, or opportunity enjoyed by other individuals 

receiving the housing, aid, benefit, or service;

    (ix) Use criteria or methods of administration that have the effect 

of subjecting persons to discrimination or have the effect of defeating 

or substantially impairing accomplishment of the objectives of the 

program or activity with respect to persons of a particular race, color, 

national origin, religion, or sex; or

    (x) Deny a person the opportunity to participate as a member of 

planning or advisory boards.

    (2) In determining the site or location of housing, accommodations, 

or facilities, a Recipient may not make selections that have the effect 

of excluding persons from, denying them the benefits of, or subjecting 

them to discrimination on the ground of race, color, national origin, 

religion, or sex. The Recipient may not make selections that have the 

purpose or effect of defeating or substantially impairing the 

accomplishment of the objectives of section 109 and of this part 6.

    (3)(i) In administering a program or activity in which the Recipient 

has discriminated on the grounds of race, color, national origin, 

religion or sex, the Recipient must take any necessary steps to overcome 

the effects of prior discrimination.

    (ii) In the absence of discrimination, a Recipient, in administering 

a program or activity, may take any steps necessary to overcome the 

effects of conditions that resulted in limiting participation by persons 

of a particular race, color, national origin, religion, or sex.

    (iii) After a finding of noncompliance, or after a Recipient has 

reasonable cause to believe that discrimination has occurred, a 

Recipient shall not be prohibited by this section from taking any action 

eligible under subpart C of 24 CFR part 570 to ameliorate an imbalance 

in benefits, services or facilities provided to any geographic area or 

specific group of persons within its jurisdiction, where the purpose of 

such action is to remedy discriminatory practices or usage.

    (iv)(A) Notwithstanding anything to the contrary in this part, 

nothing contained in this section shall be construed to prohibit any 

Recipient from maintaining or constructing separate living facilities or 

restroom facilities for the different sexes in order to protect personal 

privacy or modesty concerns. Furthermore, selectivity on the basis of 

sex is not prohibited when institutional or custodial services can, in 

the interest of personal privacy or modesty, only be performed by a 

member of the same sex as those receiving the services.

    (B) Section 109 of the Act does not directly prohibit discrimination 

on the basis of age or disability, but directs that the prohibitions 

against discrimination on the basis of age under the Age Discrimination 

Act and the prohibitions against discrimination on the basis of 

disability under Section 504 apply to Title I programs and activities. 

Accordingly, for programs or activities receiving Federal financial 

assistance, the regulations in this part 6 apply to discrimination on 

the bases of race, color, national origin, religion, or sex; the 

regulations at 24 CFR part 8 apply to discrimination on the basis of 

disability; and the regulations at 24 CFR part 146 apply to 

discrimination on the basis of age.

    (b) [Reserved]