24 Cfr 5.105

§ 5.105

24 CFR Subtitle A (4–1–12 Edition)
part 135; Executive Order 11246, as
amended by Executive Orders 11375,
11478, 12086, and 12107 (3 CFR, 1964–1965
Comp., p. 339; 3 CFR, 1966–1970 Comp., p.
684; 3 CFR, 1966–1970 Comp., p. 803; 3
CFR, 1978 Comp., p. 230; and 3 CFR, 1978
Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and
implementing regulations at 41 CFR
chapter 60; Executive Order 11625, as
amended by Executive Order 12007 (3
CFR, 1971–1975 Comp., p. 616 and 3 CFR,
1977 Comp., p. 139) (Minority Business
Enterprises); Executive Order 12432 (3
CFR, 1983 Comp., p. 198) (Minority
Business Enterprise Development); and
Executive Order 12138, as amended by
Executive Order 12608 (3 CFR, 1977
Comp., p. 393 and 3 CFR, 1987 Comp., p.
245) (Women’s Business Enterprise).
(2) Equal access to HUD-assisted or insured housing. (i) Eligibility for HUD-assisted or insured housing. A determination of eligibility for housing that is
assisted by HUD or subject to a mortgage insured by the Federal Housing
Administration shall be made in accordance with the eligibility requirements provided for such program by
HUD, and such housing shall be made
available without regard to actual or
perceived sexual orientation, gender
identity, or marital status.
(ii) Prohibition of inquiries on sexual
orientation or gender identity. No owner
or administrator of HUD-assisted or
HUD-insured housing, approved lender
in an FHA mortgage insurance program, nor any (or any other) recipient
or subrecipient of HUD funds may inquire about the sexual orientation or
gender identity of an applicant for, or
occupant of, HUD-assisted housing or
housing whose financing is insured by
HUD, whether renter- or owner-occupied, for the purpose of determining
eligibility for the housing or otherwise
making such housing available. This
prohibition on inquiries regarding sexual orientation or gender identity does
not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity. This prohibition on inquiries does not prohibit lawful inquiries of an applicant or occupant’s sex where the housing provided
or to be provided to the individual is
temporary, emergency shelter that involves the sharing of sleeping areas or

(2) For all other Section 8 programs,
responsible entity means the Section 8
project owner.
Section 8 means section 8 of the
United States Housing Act of 1937 (42
U.S.C. 1437f).
Secretary means the Secretary of
Housing and Urban Development.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
URA means the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4201–
4655).
Violent criminal activity means any
criminal activity that has as one of its
elements the use, attempted use, or
threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.
[61 FR 5202, Feb. 9, 1996, as amended at 63 FR
23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000;
66 FR 28791, May 24, 2001; 77 FR 5674, Feb. 3,
2012]

§ 5.105 Other Federal requirements.
The requirements set forth in this
section apply to all HUD programs, except as may be otherwise noted in the
respective program regulations in title
24 of the CFR, or unless inconsistent
with statutes authorizing certain HUD
programs:
(a) Nondiscrimination and equal opportunity. (1) The Fair Housing Act (42
U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959–1963
Comp., p. 652 and 3 CFR, 1980 Comp., p.
307) (Equal Opportunity in Housing
Programs) and implementing regulations at 24 CFR part 107; title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1;
the Age Discrimination Act of 1975 (42
U.S.C. 6101–6107) and implementing regulations at 24 CFR part 146; section 504
of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at part 8 of this title; title II of
the Americans with Disabilities Act, 42
U.S.C. 12101 et seq.; 24 CFR part 8; section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and
implementing regulations at 24 CFR

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Office of the Secretary, HUD

§ 5.109
activities. More specific policies and
requirements regarding the participation of religious organizations in individual HUD programs may be provided
in the regulations for those programs.
(b) Equal participation of religious organizations in HUD programs and activities. Religious organizations are eligible, on the same basis as any other organization, to participate in HUD’s
programs and activities. Neither the
Federal government, nor a State or
local government, nor any other entity
that administers any HUD program or
activity shall discriminate against an
organization on the basis of the organization’s religious character or affiliation.
(c) Inherently religious activities. Organizations that receive direct HUD
funds under a HUD program or activity
may not engage in inherently religious
activities, such as worship, religious
instruction, or proselytization, as part
of the programs or services funded
under a HUD program or activity. If an
organization conducts such inherently
religious activities, the inherently religious activities must be offered separately, in time or location, from the
programs, activities, or services supported by direct HUD funds and participation must be voluntary for the
beneficiaries of the programs, activities or services provided under the
HUD program.
(d) Independence of religious organizations. A religious organization that participates in a HUD program or activity
will retain its independence from Federal, State, and local governments, and
may continue to carry out its mission,
including the definition, practice, and
expression of its religious beliefs, provided that it does not engage in any inherently religious activities, such as
worship, religious instruction, or proselytization as part of the programs or
services supported by direct HUD
funds. Among other things, religious
organizations may use space in their
facilities to provide services under a
HUD program without removing religious art, icons, scriptures, or other religious symbols. In addition, a religious
organization participating in a HUD
program retains its authority over its
internal governance, and it may retain
religious terms in its organization’s

bathrooms, or inquiries made for the
purpose of determining the number of
bedrooms to which a household may be
entitled.
(b) Disclosure requirements. The disclosure requirements and prohibitions of
31 U.S.C. 1352 and implementing regulations at 24 CFR part 87; and the requirements for funding competitions
established by the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3531 et seq.).
(c) Debarred, suspended, or ineligible
contractors and participants. The prohibitions at 2 CFR part 2424 on the use
of debarred, suspended, or ineligible
contractors and participants.
(d) Drug-free workplace. The DrugFree Workplace Act of 1988 (41 U.S.C.
701, et seq.) and HUD’s implementing
regulations at 2 CFR part 2429.
[61 FR 5202, Feb. 9, 1996, as amended at 65 FR
16715, Mar. 29, 2000; 72 FR 73491, Dec. 27, 2007;
76 FR 45167, July 28, 2011; 77 FR 5674, Feb. 3,
2012]

§ 5.107 Audit requirements for nonprofit organizations.
Non-profit organizations subject to
regulations in the part 200 and part 800
series of title 24 of the CFR shall comply with the audit requirements of revised OMB Circular A–133, ‘‘Audits of
States, Local Governments, and Nonprofit Organizations’’ (see 24 CFR
84.26). For HUD programs, a non-profit
organization is the mortgagor or owner
(as these terms are defined in the regulations in the part 200 and part 800 series) and not a related or affiliated organization or entity.
[62 FR 61617, Nov. 18, 1997]

§ 5.109 Equal Participation of Religious Organizations in HUD Programs and Activities.
(a) Purpose. Consistent with Executive Order 13279 (issued on December 12,
2002, 67 FR 77141, 3 CFR, 2002 Comp., p.
258), entitled ‘‘Equal Protection of the
Laws for Faith-Based and Community
Organizations,’’ this section describes
HUD’s policy for the equal participation of religious organizations in
HUD’s programs and activities. The
equal participation policies and requirements contained in this section
are generally applicable to religious organizations in all HUD programs and

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