C.F.R. » Title 24 » CHAPTER II—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › SUBCHAPTER A—GENERAL › PART 200—INTRODUCTION TO FHA PROGRAMS › Subpart M—Affirmative Fair Housing Marketing Regulations

24 C.F.R. § 200.620

Requirements

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With respect to all FHA subsidized or unsubsidized programs in which the applicant hereafter participates (except for housing for which a conditional commitment has been issued prior to the effective date of these regulations), the applicant shall meet the following requirements or, if he contracts marketing responsibility to another party, be responsible for that party's carrying out the requirements:

(a) Carry out an affirmative program to attract buyers or tenants, regardless of sex, handicap or familial status, of all minority and majority groups to the housing for initial sale or rental. An affirmative marketing program shall be in effect for each multifamily project throughout the life of the mortgage. Such a program shall typically involve publicizing to minority persons the availability of housing opportunities regardless of race, color, religion, sex, handicap or familial status or national origin, through the type of media customarily utilized by the applicant, including minority publications or other minority outlets which are available in the housing market area. All advertising shall include either the Department-approved Equal Housing Opportunity logo or slogan or statement and all advertising depicting persons shall depict persons of majority and minority groups, including both sexes.

(b) Maintain a nondiscriminatory hiring policy in recruiting from both minority and majority groups, including both sexes and the handicapped, for staff engaged in the sale or rental of properties.

(c) Instruct all employees and agents in writing and orally in the policy of nondiscrimination and fair housing.

(d) Specifically solicit eligible buyers or tenants reported to the applicant by the Area or Insuring Office.

(e) Prominently display in all offices in which sale or rental activity pertaining to the project or subdivision takes place the Department-approved Fair Housing Poster and include in any printed material used in connection with sales or rentals, the Department-approved Equal Housing Opportunity logo or slogan or statement.

(f) Post in a conspicuous position on all FHA project sites a sign displaying prominently either the Department-approved Equal Housing Opportunity logo or slogan or statement.

[37 FR 75, Jan. 5, 1972, as amended at 40 FR 20080, May 8, 1975; 40 FR 53008, Nov. 14, 1975; 58 FR 41337, Aug. 3, 1993]
Notes of Decisions
Cited in 6 cases, 1984–1998 · leading case: Raso v. Lago, 135 F.3d 11 (1st Cir. 1998).
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Raso v. Lago, 135 F.3d 11 (1st Cir. 1998). · cites it 2× “See 24 C.F.R. § 200.620 (1997). In addition, HUD is subject to a 1991 consent decree based on a finding that HUD had failed to meet statutory obligations to ensure that the minority population of Boston had equal access to public housing.”
Gresham v. Windrush Partners, Ltd., 730 F.2d 1417 (11th Cir. 1984). · cites it 2× “See 24 C.F.R. §§ 200.620 (a), 200.625. Moreover, defendants failed to ensure that the employees of Windrush were instructed, orally and in writing, in the federal policy of nondiscrimination and fair housing.”
Raso v. Lago, 958 F. Supp. 686 (D. Mass. 1997). · cites it 2× “” 24 C.F.R. § 200.620 (1996); see also Fed.”
Almonte v. Pierce, 666 F. Supp. 517 (S.D.N.Y. 1987). “While 24 C.F.R. § 200.620 (a) recites that an affirmative marketing program “shall typically involve publicizing to minority persons the availability of housing opportunities”, I cannot condemn as unreasonable or otherwise legally impermissible HUD’s application of its “least…”
N.A.A.C.P., Boston Chapter v. Kemp, 721 F. Supp. 361 (D. Mass. 1989). “An Affirmative Marketing Program pursuant to 24 C.F.R. 200.620, which requires the owners and operators of assisted housing in the City to pursue affirmative fair housing marketing policies in soliciting buyers and tenants, in determining their eligibility, and in concluding…”
Young v. Pierce, 685 F. Supp. 975 (E.D. Tex. 1988). “See 24 C.F.R. § 200.620 (d). The information-gathering provisions of paragraph 5 command HUD to use its authority under 24 C.”
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