24 C.F.R. § 92.202
§ 92.202 Site and neighborhood standards. (24 CFR Part 92)
Operative Text
(a) General. A participating jurisdiction must administer its HOME program in a manner that provides housing that is suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d—2000d-4), the Fair Housing Act (42 U.S.C. 3601 et seq., E.O. 11063 (3 CFR, 1959-1963 Comp., p. 652), and HUD regulations issued pursuant thereto; and promotes greater choice of housing opportunities. (b) New rental housing. In carrying out the site and neighborhood requirements with respect to new construction of rental housing, a participating jurisdiction is responsible for making the determination that proposed sites for new construction meet the requirements in 24 CFR 983.55(e)(2) and (3).
Under 24 CFR Part 92 § 92.202, local governments and other entities that participate in the federal HOME Investment Partnerships Program must run that program in a way that actively supports fair housing and civil rights compliance, rather than merely avoiding overt discrimination. The rule also requires that HOME-funded activities expand genuine housing choice for residents. When new rental housing is being built with HOME funds, the participating jurisdiction bears responsibility for confirming that proposed construction sites satisfy specific federal site and neighborhood standards referenced in 24 CFR 983.55(e)(2) and (3).
Plain English — not legal advice.
Developers and property owners seeking HOME funding for new rental construction should be aware that, under § 92.202, the participating jurisdiction—not the developer alone—carries the formal obligation to evaluate and approve proposed sites against the federal site and neighborhood criteria at 24 CFR 983.55(e)(2) and (3). Compliant operators typically engage early with the local HOME program administrator to understand how site suitability determinations are made and what documentation supports a finding of compliance. Operators also generally ensure that their projects are structured to affirmatively further fair housing and broaden housing choice, consistent with the overarching requirements of § 92.202(a).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.202 establishes that residents and prospective residents of HOME-assisted housing have an interest in programs that affirmatively further fair housing and promote genuine housing choice, not just formal non-discrimination. If a tenant believes a participating jurisdiction's HOME program is being administered in a way that undermines these civil rights protections, options can include filing a complaint with HUD's Office of Fair Housing and Equal Opportunity or raising the concern with the local HOME program administrator. Tenant-rights organizations and fair housing councils can help individuals understand how § 92.202 interacts with other fair housing protections and what avenues may be available.
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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