24 C.F.R. § 5.105

Other Federal requirements

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The requirements set forth in this section apply to all HUD programs, except as may be otherwise noted in the respective program regulations in title 24 of the CFR, or unless inconsistent with statutes authorizing certain HUD programs:

(a) Nondiscrimination and equal opportunity. (1) The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 24 CFR part 8; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise).

(2) Equal access to HUD-assisted or -insured housing. A determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by HUD shall be made in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.

(b) Disclosure requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 CFR part 87; and the requirements for funding competitions established by the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531 et seq.).

(c) Debarred, suspended, or ineligible contractors and participants. The prohibitions at 2 CFR part 2424 on the use of debarred, suspended, or ineligible contractors and participants.

(d) Drug-free workplace. The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 2 CFR part 2429.

[61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. 29, 2000; 72 FR 73491, Dec. 27, 2007; 76 FR 45167, July 28, 2011; 77 FR 5674, Feb. 3, 2012; 81 FR 64782, Sept. 21, 2016; 81 FR 80993, Nov. 17, 2016; 85 FR 61562, Sept. 29, 2020]

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2002–2024 · leading case: Langlois v. Abington Hous. Auth., 234 F. Supp. 2d 33 (D. Mass. 2002).

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Langlois v. Abington Hous. Auth., 234 F. Supp. 2d 33 (D. Mass. 2002). · cites it 5× “20, 1962) and its implementing regulations, 24 C.F.R. §§ 5.105 (a) and 107.21; and Executive Order 12892, 59 Fed.”

Sinisgallo v. Town of Islip Hous. Auth., 865 F. Supp. 2d 307 (E.D.N.Y 2012). “103 (a) (“[t]he PHA must administer its public housing program in accordance with all applicable equal opportunity requirements imposed by contract or federal law, including [the FHA, ADA, and Rehabilitation Act]” (citing 24 C.F.R. § 5.105 )); 24 C.F.R. § 966.4 (2 )(5)(vii)(F)…”

Hinneberg v. Big Stone Cnty. Hous. & Redevelopment Auth., 706 N.W.2d 220 (Minn. 2005). · cites it 2× “But federal rules regulating the administration of Section 8 programs provide to the contrary, stating: “The tenant-based program requires compliance with all equal opportunity requirements imposed by contract or federal law, including the *225 authorities cited at 24 C.F.R. §…”

Chhang v. West Coast USA Props. LLC (E.D. Cal. 2024). · cites it 2× “13 Plaintiff also cites 24 C.F.R. § 5.105 (a)(1) in her complaint as “list[ing] the laws under 14 which HACM has an affirmative duty to further fair housing rights and compliance.”

McGee v. Poverello House (E.D. Cal. 2019). “See 24 C.F.R. §§ 5.105 , 5.106; 5 ECF No. 1 ¶ 24; ECF No.”

Alvanos, Shauna v. Heartland Credit Union (W.D. Wis. 2024). “§§ 3601-19 ; (2) Executive Order 12892 regarding leadership and coordination of fair housing in federal programs; (3) regulations implementing the FHA and setting forth requirements for Housing and Urban Development (“HUD”) programs, 24 C.F.R. §§ 5.105 et. seq.; (4) Title VI of…”

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