[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

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

[CITE: 24CFR891.155]



[Page 183-184]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 891_SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

--Table of Contents

 

                 Subpart A_General Program Requirements

 

Sec.  891.155  Other Federal requirements.



    In addition to the requirements set forth in 24 CFR part 5, the 

following requirements in this Sec.  891.155 apply to the Section 202 

and Section 811 Programs, as well as projects funded under Sec. Sec.  

891.655 through 891.790. Other requirements unique to a particular 

program are described in subparts B and C of this part, as applicable.

    (a) Affirmative fair housing marketing. (1) The affirmative fair 

housing marketing requirements of 24 CFR part 200, subpart M and the 

implementing regulations at 24 CFR part 108; and

    (2) The fair housing advertising and poster guidelines at 24 CFR 

parts 109 and 110.

    (b) Environmental. The National Environmental Policy Act of 1969, 

HUD's implementing regulations at 24 CFR part 50, including the related 

authorities described in 24 CFR 50.4. For the purposes of Executive 

Order No. 11988, Floodplain Management (42 FR 26951, 3 CFR, 1977 Comp., 

p. 117); as amended by Executive Order 12148 (44 FR 43239, 3 CFR, 1979 

Comp., p. 412)), and implementing regulations in 24 CFR part 55, all 

applications for intermediate care facilities for persons with 

developmental disabilities shall be treated as critical actions 

requiring consideration of the 500-year floodplain.

    (c) Flood insurance. The Flood Disaster Protection Act of 1973 (42 

U.S.C. 4001).

    (d) Labor standards. (1) All laborers and mechanics (other than 

volunteers under the conditions set out in 24 CFR part 70) employed by 

contractors and subcontractors in the construction (including 

rehabilitation) of housing with 12 or more units assisted under this 

part shall be paid wages at rates not less than those prevailing in the 

locality, as determined by the Secretary of Labor in accordance with the 

Davis-Bacon Act (40 U.S.C. 276a-276a-5). A group home for persons with 

disabilities is not covered by the labor standards.

    (2) Contracts involving employment of laborers and mechanics shall 

be subject to the provisions of the Contract Work Hours and Safety 

Standards Act (40 U.S.C. 327-333).

    (3) Sponsors, Owners, contractors, and subcontractors must comply 

with all related rules, regulations, and requirements.

    (e) Displacement, relocation, and real property acquisition--(1) 

Minimizing displacement. Consistent with the other goals and objectives 

of this part, Sponsors and Owners (or Borrowers, if applicable) shall 

assure that they have taken all reasonable steps to minimize the 

displacement of persons (families, individuals, businesses, nonprofit 

organizations, and farms) as a result of a project assisted under this 

part.



[[Page 184]]



    (2) Relocation assistance for displaced persons. A displaced person 

must be provided relocation assistance at the levels described in, and 

in accordance with the requirements of, the Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970, as 

amended (URA) (42 U.S.C. 4201-4655), as implemented by 49 CFR part 24.

    (3) Real property acquisition requirements. The acquisition of real 

property for a project is subject to the URA and the requirements 

described in 49 CFR part 24, subpart B.

    (f) Intergovernmental review. The requirements for intergovernmental 

review in Executive Order No. 12372 (47 FR 30959, 3 CFR, 1982 Comp., p. 

197; as amended by Executive Order No. 12416 (48 FR 15587, 3 CFR, 1983 

Comp., p. 186)) and the implementing regulations at 24 CFR part 52 are 

applicable to this program.

    (g) Lead-based paint. The requirements of the Lead-Based Paint 

Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-

Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and 

implementing regulations at part 35, subparts A, B, H, J, and R of this 

title apply to these programs.



[61 FR 11956, Mar. 22, 1996, as amended at 64 FR 50227, Sept. 15, 1999; 

69 FR 34275, June 21, 2004]