HUD Handbook 7465.1 § 1-3

a.     POLICY

           (1)   The PHA is responsible for conducting the
                 admissions process in a manner in which all
                 persons interested in admission to public housing
                 are treated fairly and consistently.

           (2)   PHAs may not discriminate at any stage of the
                 admissions process because of race, color,
                 national origin, religion, creed, sex, age, or
                 handicap. PHAs are bound by the nondiscrimination
                 requirements of Federal, state, and local law. In
                 particular. PHAs must abide by the
                 nondiscrimination requirements of:

                 (a)   Title VI of the Civil Rights Act of 1964,
                       which prohibits discrimination based on race,
                       color, or national origin in programs
                       receiving Federal financial assistance;

                 (b)   Title VIII of the Civil Rights Act of 1968,
                       which prohibits discrimination based on race,

                        color, religion, national origin, or sex in
                        the sale, rental, or advertising of housing;

                  (c)   Section 504 of the Rehabilitation Act of
                        1973, which prohibits discrimination based on
                        hand cap in programs receiving Federal
                        financial assistance;

                  (d)   The Age Discrimination Act of 1975, which
                        prohibits discrimination based on age in
                        programs receiving Federal financial
                        assistance; and

                  (e)   Executive Order 11063, which requires HUD to
                        take whatever action is necessary to prohibit
                        discrimination based on race, color, national
                        origin, religion (creed), or sex in housing
                        receiving Federal financial assistance.

            (3)   PHAs may not on the grounds of race, color,
                  national origin, religion, sex, or handicap:

                  (a)   deny a person admission to public housing;

              (b) provide housing which is different than that
    provided others;

(c)       subject a person to segregation or disparate
    treatment;

                  (d)   restrict a person's access to any benefit
                        enjoyed by others in connection with the
                        public housing program;

                  (e)   treat a person differently in determining
                        eligibility or other requirements for
                        admission;

                  (f)   deny a person access to the same level of
                        services; or

                  (g)   deny a person the opportunity to participate
                        in a planning or advisory group which is an
                        integral part of the public housing program.

            (4)   PHAs may not intimidate, threaten, or take any
                  retaliatory action against any applicant or tenant
                  because of a person's' participation in civil
                  rights activities or assertions of civil rights.

            (5)   PHAs may not deny physically handicapped persons
                  an opportunity to apply for public housing due to

             inaccessible application offices.

       (6)   PHAs may not assign employees in a way which would
             result in discrimination against applicants or
             tenants.

       (7)   PHAs must make sure that all employees who are
             involved in the admissions process are familiar
             with HUD's nondiscrimination requirements.

       (8)   PHAs must prominently display a fair housing
             poster at:

             (a)   any office where applications are taken; and

             (b) every project building except for single
             family dwellings.

       (9)   PHAs must maintain the information HUD needs to
             determine that the public housing program is being
             operated in a nondiscriminatory manner. In
             particular, PHAs must maintain information on the
             race, ethnicity (Hispanic or non-Hispanic), sex,
             and age of the head of household of all families
             which submit an application for admission and of
             all tenants in occupancy.

b.     DISCUSSION

       (1)   The prohibition against discrimination based on age
             or handicap in no way affects the statutory and
             regulatory provisions for eligibility based on age
             or

handicap (paragraph 3-4) or the priority of
             elderly families for admission to projects for the
             elderly (paragraph 5-2).

       (2)   PHAs should periodically review their policies and
             procedures to be sure that they conform to HUD's
             nondiscrimination requirements.

       (3)   There is a toll-free hotline that an applicant can
             use to register claims of discrimination. It is
             operated by HUD's Office of Fair Housing and Equal
             Opportunity (FHEO). The telephone number is (800)
             424-8590. Within the Washington, D.C.
             metropolitan area, the telephone number is 426-3500.

c.     REFERENCES

       Title VI of the Civil Rights Act of 1964;

Title VIII of the Civil Rights Act of 1968;

Section 504 of the Rehabilitation Act of 1973;

The Age Discrimination Act of 1975; and

Executive Order 11063

24 CFR 1.4

24 CFR 1.6

24 CFR 100

24 CFR 105

24 CFR 107

24 CFR 109

24 CFR 110

24 CFR 960.203

24 CFR 960.204