45 C.F.R. § 84.5

Assurances required

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(a) Assurances. An applicant for Federal financial assistance to which this part applies shall submit an assurance, on a form specified by the Director, that the program or activity will be operated in compliance with this part. An applicant may incorporate these assurances by reference in subsequent applications to the Department.

(b) Duration of obligation. (1) In the case of Federal financial assistance extended in the form of real property or to provide real property or structures on the property, the assurance will obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for the purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.

(2) In the case of Federal financial assistance extended to provide personal property, the assurance will obligate the recipient for the period during which it retains ownership or possession of the property.

(3) In all other cases the assurance will obligate the recipient for the period during which Federal financial assistance is extended.

(c) Covenants. (1) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the instrument effecting or recording this transfer shall contain a covenant running with the land to assure nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.

(2) Where no transfer of property is involved but property is purchased or improved with Federal financial assistance, the recipient shall agree to include the covenant described in paragraph (b)(2) of this section in the instrument effecting or recording any subsequent transfer of the property.

(3) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the covenant shall also include a condition coupled with a right to be reserved by the Department to revert title to the property in the event of a breach of the covenant. If a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on the property for the purposes for which the property was transferred, the Director may, upon request of the transferee and if necessary to accomplish such financing and upon such conditions as he or she deems appropriate, agree to forbear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective.

[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005]

Notes of Decisions

Cited in 6 cases, 1980–2004 · leading case: Alfred Brown, William King & Willie James Mallett, Individually & on Behalf of All Others Similarly Situated v. Robert R. Sibley, Etc., 650 F.2d 760 (5th Cir. 1981).

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Alfred Brown, William King & Willie James Mallett, Individually & on Behalf of All Others Similarly Situated v. Robert R. Sibley, Etc., 650 F.2d 760 (5th Cir. 1981). · cites it 3× “If federal financial assistance is approved for the particular program or activity, it cannot be gainsaid that recordkeeping requirements will be imposed on the entity responsible for the expenditure of the federal funds. Discovery of the receipt and utilization of those funds…”

Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980). “The regulations contain a specific requirement that any applicant for federal financial assistance submit an “assurance” to HEW that the program for which federal funding is sought “will be operated in compliance” with § 504.”

Bowers v. Nat'l Collegiate Athletic Ass'n, 118 F. Supp. 2d 494 (D.N.J. 2000). “It is interesting to note in addition that the regulations that implement section 504 and which are analogous to the regulations cited in Cureton as implementing Title VI, while seemingly unamended since the passage of the Civil Rights Restoration Act of 1987, do not contain…”

Nat'l Ass'n for Advancement of Colored People v. Wilmington Med. Ctr., Inc., 491 F. Supp. 290 (D. Del. 1980). “” 45 C.F.R. § 84.5 (b)(2). Thus, in the context of the case at bar, if the handicapped are given access to medical care equal to that afforded the general population, no discrimination will be found.”

Stephanidis v. Yale Univ., 652 F. Supp. 110 (D. Conn. 1986). “See also 45 C.F.R. Sections 84.5(b)(3) and 1151.41(b)(2).”

Paul G. SUMMERS, in His Capacity as Attorney Gen. & Reporter for the State of Tennessee v. Est. OF James W. FORD, M.D., 146 S.W.3d 541 (Tenn. Ct. App. 2004). · cites it 2× “5(a) of the regulation [45 C.F.R. 84.5(a) ], the recipient gives this Assurance in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (except procurement contracts and contracts of insurance or guaranty), property, discounts, or other…”

— 45 C.F.R. § 84.5(a) — 1 case

Paul G. SUMMERS, in His Capacity as Attorney Gen. & Reporter for the State of Tennessee v. Est. OF James W. FORD, M.D., 146 S.W.3d 541 (Tenn. Ct. App. 2004). “5(a) of the regulation [45 C.F.R. 84.5(a) ], the recipient gives this Assurance in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (except procurement contracts and contracts of insurance or guaranty), property, discounts, or other…”

— 45 C.F.R. § 84.5(b) — 1 case

— 45 C.F.R. § 84.5(b)(3) — 1 case

Stephanidis v. Yale Univ., 652 F. Supp. 110 (D. Conn. 1986). “See also 45 C.F.R. Sections 84.5(b)(3) and 1151.41(b)(2).”

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