3.1.13 Fair Housing and Equal Opportunity

A. Borrowers, Management Agents, Contractors, and subcontractors must comply with HUD Fair Housing and Equal Opportunity requirements. (See 24 CFR 5.105 (a)(1)). Such requirements include selection of occupants, employment, and project accessibility (See 24 CFR Part 100 and subsequent Sections), regardless of race, color, national origin, religion, sex, disability, or familial status which are all Fair Housing Act protected classes. Discrimination by age is also prohibited and the Equal Access Rule (24 CFR 5.105(a)(2)) provides for non-discrimination based on actual or perceived sexual orientation, gender identity, or marital status. Project accessibility requirements apply to most multifamily properties. For a complete description of project accessibility requirements see Chapter 5 and Appendix 5, Section A.5.2.

B. Affirmative Fair Housing Marketing requirements are addressed in Chapter 10, Section 10.9 of this Guide. Also see “Affirmative Fair Housing Marketing to Fair Housing Act Protected Classes” (24 CFR Part 108 and 200.600). Projects with federal financial assistance are required to comply with the accessibility requirements of Section 504 of the Rehabilitation Act and projects that are a program or activity of a state

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or local government or contain public accommodations are required to comply with Titles II or III of the Americans with Disabilities Act.

C. Fair Housing and civil rights violations may result in enforcement actions including but not limited to Limited Denial of Participation.