24 C.F.R. § 200.615
§ 200.615 Applicability. (24 CFR Part 200)
Operative Text
The affirmative fair housing marketing requirements, as set forth in paragraphs (a) through (f) of § 200.620, shall apply to all applicants for participation in FHA subsidized and unsubsidized housing programs whose application is hereafter approved for development or rehabilitation of: (a) Multifamily projects and manufactured home parks of five or more lots, units or spaces, and initial submissions by a lender for an application for mortgage insurance on a single family property, where the property is located in a subdivision and the builder or developer intends to sell five or more properties in the subdivision; or (b) Dwelling units, when the applicant's participation in FHA housing programs had exceeded or would thereby exceed development of five or more such dwelling units during the year preceding the application, except that there shall not be included in a determination of the number of dwelling units developed by an applicant those in which a single family dwelling is constructed or rehabilitated for occupancy by a mortgagor on property owned by the mortgagor and in which the applicant had no interest prior to entering into the contract for construction or rehabilitation.
Under 24 CFR Part 200 § 200.615, affirmative fair housing marketing requirements are triggered for developers and builders seeking FHA mortgage insurance or participation in FHA housing programs once their projects meet certain size thresholds — generally five or more units, lots, or spaces in a multifamily or manufactured home park context, or five or more single-family properties in a subdivision. The rule also captures applicants whose cumulative FHA-program development during the prior year has reached or would reach five or more dwelling units, with a narrow exclusion for owner-occupied single-family construction where the applicant had no prior interest in the property. When these thresholds are met, the detailed affirmative marketing obligations spelled out in § 200.620 become applicable to the approved application.
Plain English — not legal advice.
Operators and developers seeking FHA program participation should be aware that § 200.615 sets the threshold at which affirmative fair housing marketing plans become a condition of approval, and compliant applicants generally track their cumulative FHA-related development activity across the preceding year to determine whether the five-unit benchmark applies. When the threshold is met, a compliant operator prepares and implements the affirmative marketing program required by § 200.620 as part of the application process. Keeping accurate records of prior FHA-program development activity helps demonstrate compliance with the applicability criteria.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 200.615 establishes that certain FHA-assisted or FHA-insured housing developments are subject to affirmative fair housing marketing obligations, which are designed to ensure that housing opportunities are made available to all eligible persons regardless of protected characteristics. Prospective tenants or homebuyers who believe a covered development failed to conduct the required outreach may have grounds to raise that concern with HUD or a local fair housing agency. Tenant-rights organizations and HUD's fair housing complaint process are general resources for understanding how these protections apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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