1、108 24 CFR Subtitle A (4111 Edition) 5.2009 orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the dis-tribution or possession of property among the household. 5.2009 Remedies available to victims of dom
2、estic violence, dating vio-lence, or stalking in HUD-assisted housing. (a) Lease bifurcation. Notwithstanding any Federal, State, or local law to the contrary, a PHA, owner, or manage-ment agent may bifurcate a lease, or remove a household member from a lease without regard to whether the household
3、member is a signatory to the lease, in order to evict, remove, termi-nate occupancy rights, or terminate as-sistance to any tenant or lawful occu-pant who engages in criminal acts of physical violence against family mem-bers or others, without evicting, re-moving, terminating assistance to, or other
4、wise penalizing the victim of such violence who is a tenant or lawful oc-cupant. Such eviction, removal, termi-nation of occupancy rights, or termi-nation of assistance shall be effected in accordance with the procedures pre-scribed by Federal, State, or local law for termination of assistance or le
5、ases under the relevant public housing, Sec-tion 8 Housing Choice Voucher, and Section 8 project-based programs. (b) Court orders. Nothing in this sub-part may be construed to limit the au-thority of a PHA, owner, or manage-ment agent, when notified, to honor court orders addressing rights of access
6、 to or control of the property, including civil protection orders issued to pro-tect the victim and to address the dis-tribution of property among household members in a case where a family breaks up. 5.2011 Effect on other laws. Nothing in this subpart shall be con-strued to supersede any provision
7、 of any Federal, State, or local law that provides greater protection than this section for victims of domestic vio-lence, dating violence, or stalking. PART 6NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES RE-CEIVING ASSISTANCE UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Subpart
8、 AGeneral Provisions Sec. 6.1 Purpose. 6.2 Applicability. 6.3 Definitions. 6.4 Discrimination prohibited. 6.5 Discrimination prohibitedemploy-ment. 6.6 Records to be maintained. Subpart BEnforcement 6.10 Compliance information. 6.11 Conduct of investigations. 6.12 Procedure for effecting compliance.
9、 6.13 Hearings and appeals. AUTHORITY: 42 U.S.C. 3535(d) 42 U.S.C. 5309. SOURCE: 64 FR 3797, Jan. 25, 1999, unless otherwise noted. Subpart AGeneral Provisions 6.1 Purpose. The purpose of this part is to imple-ment the provisions of section 109 of title I of the Housing and Community Development Act
10、 of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimi-nation under any program or activity funded
11、in whole or in part with Federal financial assistance. Section 109 does not directly prohibit discrimination on the bases of age or disability, and the regulations in this part 6 do not apply to age or disability discrimination in Title I programs. Instead, section 109 directs that the prohibitions
12、against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 61016107) (Age Discrimi-nation Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Re-habilitation Act of 1973 (29 U.S.C. 794) (Section 504) apply to progra
13、ms or ac-tivities funded in whole or in part with Federal financial assistance. Thus, the VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted
14、without license from IHS-,-,-109 Office of the Secretary, HUD 6.3 regulations of 24 CFR part 8, which im-plement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimina-tion Act for HUD programs, apply to disability and age discrimination in Title I p
15、rograms. 6.2 Applicability. (a) This part applies to any program or activity funded in whole or in part with funds under title I of the Housing and Community Development Act of 1974, including Community Develop-ment Block GrantsEntitlement, State and HUD-Administered Small Cities, and Section 108 Lo
16、an Guaran-tees; Urban Development Action Grants; Economic Development Initia-tive Grants; and Special Purpose Grants. (b) The provisions of this part and sections 104(b)(2) and 109 of Title I that relate to discrimination on the basis of race shall not apply to the provision of Federal financial ass
17、istance by grant-ees under this title to the Hawaiian Homelands (42 U.S.C. 5309). (c) The provisions of this part and sections 104(b)(2) and 109 of Title I that relate to discrimination on the basis of race and national origin shall not apply to the provision of Federal finan-cial assistance to gran
18、t recipients under the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4101). See also, 24 CFR 1003.601(a). 6.3 Definitions. The terms Department, HUD, and Sec-retary are defined in 24 CFR part 5. Other terms used in this part 6 are de-fined as follows: Act means the Housing
19、 and Commu-nity Development Act of 1974, as amended (42 U.S.C. 53015320). Assistant Secretary means the Assist-ant Secretary for Fair Housing and Equal Opportunity. Award Official means the HUD offi-cial who has been delegated the Sec-retarys authority to implement a Title I funded program and to ma
20、ke grants under that program. Complete complaint means a written statement that contains the complain-ants name and address, identifies the Recipient against which the complaint is made, and describes the Recipients alleged discriminatory action in suffi-cient detail to inform HUD of the na-ture and
21、 date of the alleged violation of section 109. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Com-plaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged vic-tims of discrimination. Federal finan
22、cial assistance means: (1) Any assistance made available under title I of the Housing and Community Development Act of 1974, as amended, and includes income generated from such assistance, and any grant, loan, contract, or any other arrangement, in the form of: (i) Funds; (ii) Services of Federal pe
23、rsonnel; or (iii) Real or personal property or any interest in or use of such property, in-cluding: (A) Transfers or leases of the prop-erty for less than fair market value or for reduced consideration; and (B) Proceeds from a subsequent transfer or lease of the property if the Federal share of its
24、fair market value is not returned to the Federal Govern-ment. (2) Any assistance in the form of pro-ceeds from loans guaranteed under sec-tion 108 of the Act, but does not in-clude assistance made available through direct Federal procurement contracts or any other contract of in-surance or guaranty.
25、 Program or activity (funded in whole or in part) means all of the operations of (1)(i) A department, agency, special purpose district, or other instrumen-tality of a State or local government; or (ii) The entity of a State or local gov-ernment that distributes Federal finan-cial assistance, and eac
26、h department or agency (and each State or local govern-ment entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other post-secondary institution, or a public system of higher education; or (ii) A local educational ag
27、ency (as de-fined in section 198(a)(10) of the Ele-mentary and Secondary Education Act VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wit
28、hout license from IHS-,-,-110 24 CFR Subtitle A (4111 Edition) 6.4 of 1965), system of vocational education or other school system; (3)(i) An entire corporation, partner-ship, or other private organization, or an entire sole proprietorship (A) If assistance is extended to the corporation, partnershi
29、p, private orga-nization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other com-parable, geographically separate facil-ity to which Federal f
30、inancial assist-ance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity that is described in paragraphs (1), (2), or (3) of this defi-nition, any part of which is extended Federal financial assistance. Recipient means
31、 any State, political subdivision of any State, or instrumen-tality of any State or political subdivi-sion; any public or private agency, in-stitution, organization, or other enti-ty; or any individual, in any State, to whom Federal financial assistance is extended, directly or through another Recip
32、ient, for any program or activity, or who otherwise participates in car-rying out such program or activity, in-cluding any successor, assign, or trans-feree thereof. Recipient does not in-clude any ultimate beneficiary under any program or activity. Responsible Official means the Assist-ant Secretar
33、y for Fair Housing and Equal Opportunity or his or her des-ignee. Section 109 means section 109 of the Housing and Community Development Act of 1974, as amended. Title I means title I of the Housing and Community Development Act of 1974 (42 U.S.C. 53015321). 6.4 Discrimination prohibited. (a) Sectio
34、n 109 requires that no per-son in the United States shall be ex-cluded from participation in, be denied the benefits of, or be subjected to dis-crimination under any program or ac-tivity funded in whole or in part with Federal financial assistance, on the grounds of race, color, national origin, rel
35、igion, 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 faciliti
36、es, services, financial aid, or other bene-fits provided under the program or ac-tivity; (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 indiv
37、idual to seg-regated or separate treatment in any facility, or in any matter of process re-lated to the receipt of any service or benefit under the program or activity; (iv) Restrict an individuals access to, or enjoyment of, any advantage or privilege enjoyed by others in connec-tion with facilitie
38、s, 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 t
39、o be provided any facilities, services, or other benefit provided under the pro-gram or activity; (vi) Deny an individual an oppor-tunity to participate in a program or activity as an employee; (vii) Aid or otherwise perpetuate dis-crimination against an individual by providing Federal financial ass
40、istance 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 hous-ing, aid, benefit, or service;
41、 (ix) Use criteria or methods of ad-ministration that have the effect of subjecting persons to discrimination or have the effect of defeating or substan-tially impairing accomplishment of the objectives of the program or activity with respect to persons of a particular race, color, national origin,
42、religion, or sex; or VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-111 Office of the Secretary, HUD 6.6 (x)
43、 Deny a person the opportunity to participate as a member of planning or advisory boards. (2) In determining the site or loca-tion of housing, accommodations, or facilities, a Recipient may not make selections that have the effect of ex-cluding persons from, denying them the benefits of, or subjecti
44、ng them to discrimination on the ground of race, color, national origin, religion, or sex. The Recipient may not make selec-tions 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
45、program or activity in which the Recipient has dis-criminated 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 pro-gram
46、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 noncompli-ance, or after a Recipient has reason-able cause to believe that discr
47、imina-tion has occurred, a Recipient shall not be prohibited by this section from tak-ing any action eligible under subpart C of 24 CFR part 570 to ameliorate an im-balance in benefits, services or facili-ties provided to any geographic area or specific group of persons within its ju-risdiction, whe
48、re the purpose of such action is to remedy discriminatory practices or usage. (iv)(A) Notwithstanding anything to the contrary in this part, nothing con-tained in this section shall be con-strued to prohibit any Recipient from maintaining or constructing separate living facilities or restroom facili
49、ties for the different sexes in order to pro-tect personal privacy or modesty con-cerns. Furthermore, selectivity on the basis of sex is not prohibited when in-stitutional or custodial services can, in the interest of personal privacy or modesty, only be performed by a mem-ber of the same sex as those receiving the services. (B) Section 109 of the Act does not di-rectly prohibit discrimination on the basis of age or disability, but directs that the prohibitions ag
