107.15

Definitions.

\(a\) Department and Secretary are defined in 24 CFR part 5.

\(b\) State means each of the fifty states, the District of Columbia,

the Commonwealths of Puerto Rico and the Northern Marianas, and the

territories of the United States.

\(c\) Assistance includes (1) grants, loans, contributions, and

advances of Federal funds; (2) the grant or donation of Federal property

and interests in property; (3) the sale, lease, and rental of, and the

permission to use (on other than a casual or transient basis), Federal

property or any interest in such property without consideration or at a

nominal consideration or at a consideration which is reduced for the

purpose of assisting the recipient or in recognition of the public

interest to be served by such sale or lease to the recipient, when such

order granting permission accompanies the sale, lease, or rental of

Federal properties; (4) loans in whole or in part insured, guaranteed,

or otherwise secured by the credit of the Federal Government; and (5)

any Federal agreement, arrangement, or other contract which has as one

of its purposes the provision of assistance.

\(d\) Person includes one or more individuals, corporations,

partnerships, associations, labor organizations, legal representatives

or agents, mutual companies, joint-stock companies, trusts,

unincorporated organizations, trustees, trustees in bankruptcy,

receivers, fiduciaries and public entities.

\(e\) Public entity means a government or governmental subdivision or

agency.

\(f\) Discriminatory practice means: (1) Any discrimination on the

basis of race, color, religion (creed), sex or national origin or the

existence or use of a policy or practice, or any arrangement, criterion

or other method of administration which has the effect of denying equal

housing opportunity or which substantially impairs the ability of

persons to apply for or receive the benefits of assistance because of

race, color, religion (creed), sex or national origin, in the sale,

rental or other disposition of residential property or related

facilities (including land to be developed for residential use), or in

the use or occupancy thereof, where such property or related facilities

are:

\(i\) Owned or operated by the Secretary;

\(ii\) Provided in whole or in part with the aid of loans, advances,

grants, or contributions agreed to be made by the Department after

November 20, 1962;

\(iii\) Provided in whole or in part by loans insured, guaranteed or

otherwise secured by the credit of the Department after November 20,

1962; or

\(iv\) Provided by the development or the redevelopment of real

property purchased, leased, or otherwise obtained from a State or local

public agency or unit of general purpose local government receiving

Federal financial assistance from the Department under a loan or grant

contract entered into after November 20, 1962.

\(2\) Any discrimination on the basis of race, color, religion

(creed), sex or national origin or the existence or use of a policy,

practice, or any arrangement, criterion or other method of

administration which has the effect of denying equal housing opportunity

or which substantially impairs the ability of persons to apply for or

receive the benefits of assistance because of race, color, religion

(creed), sex or national origin in lending practices with respect to

residential property and related facilities (including land to be

developed for residential use) of lending institutions, insofar as such

practices relate to loans, insured or guaranteed, by the Department

after November 20, 1962. Examples of discriminatory practices under

subsections (1) and (2) include but are not limited to the following

when based on race, color, religion (creed), sex or national origin:

\(i\) Denial to a person of any housing accommodations, facilities,

services, financial aid, financing or other benefit provided under a

program or activity;

\(ii\) Providing any housing accommodations, facilities, services,

financial aid, financing or other benefits to a person which are

different, or are provided in a different manner, from those provided to

others in a program or activity;

\(iii\) Subjecting a person to segregation or separate treatment in

any matter related to the receipt of housing, accommodations,

facilities, services, financial aid, financing or other benefits under a

program or activity;

\(iv\) Restricting a person in any way in access to housing,

accommodations, facilities, services, financial aid, financing or other

benefits, or in the enjoyment of any advantage or privilege enjoyed by

others in connection with such housing, accommodations, facilities,

services, financial aid, or other benefits under a program or activity;

\(v\) Treating persons differently in determining whether they satisfy

any occupancy, admission, enrollment, eligibility, membership, or other

requirement or condition which persons must meet in order to be provided

any housing, accommodations, facilities, services, financial aid,

financing or other benefits under a program or activity; and

\(vi\) Denying a person opportunity to participate in a program or

activity through the provision of services or otherwise, or affording

the person an opportunity to do so which is different from that afforded

others in a program or activity.

\(3\) Noncompliance with relevant affirmative fair housing marketing

requirements contained in Department programs and regulations.

\(4\) A formal finding of a violation of title VIII of the Civil

Rights Act of 1968 or a state or local fair housing law with respect to

activities also covered by E.O. 11063.

\[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985;
61

FR 5205, Feb. 9, 1996\]