HUD HCV Guidebook § 1

Public housing agencies (PHAs) are subject to civil rights and nondiscrimination laws and requirements. This
chapter provides an overview of the Federal civil rights laws and requirements that PHAs must follow in
administering the Housing Choice Voucher (HCV) program and offers guidance for implementation.

Federal laws prohibit discrimination because of race, color, religion, sex, national origin, familial status,
disability, and age. Federal fair housing and civil rights laws prohibit intentionally discriminatory practices, as
well as practices with an unjustified discriminatory effect. The major requirements include:
    •    Title VI of the Civil Rights Act of 1964;
    •    Executive Order (E.O.) 11063, as amended by E.O. 12892;
    •    The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended;
    •    The Affirmatively Furthering Fair Housing (AFFH) obligation under the Fair Housing Act;
    •    The Age Discrimination Act of 1975;
    •    Section 504 of the Rehabilitation Act of 1973;
    •    Titles II and III of the Americans with Disabilities Act of 1990;
    •    Violence Against Women Act of 1994, as amended (VAWA); and
    •    HUD’s generally applicable nondiscrimination and civil rights statutes, regulations, and Executive
         Orders, which are outlined in HUD’s regulations at 24 CFR 5.105(a).

Additionally, PHAs may be subject to local and/or state statutes, regulations, or other authorities that prohibit
discrimination on other bases, such as source of income. This chapter addresses only Federal requirements,
but all recipients and subrecipients of HUD funding must comply with state and local fair housing and civil
rights laws, including those with additional protected classes.

When both Federal and state or local laws apply, or more than one Federal law applies, compliance with all
applicable laws is required. If one law provides greater protections or accessibility, the PHA must comply with
the provision that provides the greatest protections or affords the greatest fair housing rights. When multiple
laws or requirements apply, HUD encourages PHAs to seek legal counsel.