Current through Register Vol. 39, No. 6, September 16, 2024
No person shall on the grounds of race, color, national
origin, sex, religion, handicap or familial status be excluded from
participation in, be denied the benefit of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds available
under this Subchapter.
(1) Recipients
shall meet the requirements of:
(a) The Civil
Rights Act of 1964 (P.L.
88-352) and specifically Title VI which provides
that no person in the United States shall on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subject to discrimination under any program or activity which
receives federal funds;
(b) The
Civil Rights Act of 1968 (P.L. 90-284) as amended, and
specifically Title VIII which requires recipients to administer all programs
and activities relating to housing and community development in a manner to
affirmatively further fair housing, and take action to affirmatively further
fair housing in the sale and rental of housing, the financing of housing, and
the provision of brokerage services;
(c) Section 109 of the Housing and Community
Development Act of 1974, as amended (P.L. 93-383) which
provides that no person in the United States shall, on the grounds of race,
color, national origin, or sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds provided under this Subchapter.
Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.) or with
respect to any otherwise qualified handicapped individual as provided in
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
794), shall also apply to any such program or
activity;
(d) Executive Order
11063, as amended by Executive Order 12259, Leadership and Coordination of Fair
Housing in Federal Programs, requiring that programs and activities relating to
housing and urban development be administered in a manner to affirmatively
further the goals of Title VIII of the Civil Rights Act of 1968;
(e) Executive order 11246, as amended, which
provides that no person shall be discriminated against on the basis of race,
color, religion, sex, or national origin in all phases of employment during the
performance of federal and federally assisted construction contracts, and that
affirmative action will be taken in all aspects of personnel negotiations;
and
(f) Section 3, of the Housing
and Urban Development Act of 1968, (P.L. 90-448) as amended, which
requires that to the greatest extent feasible, opportunities for training and
employment arising in connection with the planning and carrying out of any
project assisted under any federal block grant program be given to lower-income
residents of the unit of local government, metropolitan area or nonmetropolitan
county in which the project is located and contracts for work in connection
with the project be awarded to eligible business concerns which are located in,
or owned in substantial part by persons residing in, the same metropolitan area
or nonmetropolitan county as of the project.
(2) Recipients shall meet the implementing
requirements of:
(a) Regulations under Title
VI of the Civil Rights Act of 1964, 24 C.F.R., Part 1 and 2;
(b) Equal Employment Opportunity under HUD
Contracts and HUD Assisted Construction, 24 C.F.R. Part 130;
(c) Employment Opportunities for Businesses
and Lower Income Persons In Connection With Assisted Projects,
24 C.F.R.
135; and
(d) HUD implementing regulations contained in
24 C.F.R. Part 107.
(3)
Local government recipients shall meet the requirements of Title II of the
Americans with Disabilities Act of 1990 (P.L. 101-336) and its
implementing regulations (28 CFR Part 35).
(4) Recipients shall maintain records and
data and document compliance efforts as required by the laws and regulations in
this Rule including data on the racial, ethnic, and gender characteristics of
persons who are applicants for, participants in, or beneficiaries of the
program and shall comply with Rule .0911 of this Subchapter.
Authority
G.S.
143B-10;
143B-431;
24 C.F.R.
570.489;
24 C.F.R. 570-490;
24 C.F.R.
570.496;
42 U.S.C.A. 1982;
42 U.S.C.A.
2000d et seq.;
42 U.S.C.
5309;
Eff. July 1,
1982;
Amended Eff. June 1, 1993; March 1, 1984;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. March 6,
2018.
