Fair Housing Requirements. RAD transactions are governed by the same civil rights authorities that govern HUD-assisted activities generally. These authorities prohibit discrimination and iimpose affirmative obligations on HUD program participants. See HUD's general regulations at 24 CFR § 5.105. For example, the Fair Housing Act prohibits discrimination in housing (see 42 U.S.C. §§ 3601, et seq., and 24 CFR part 100) and requires all Federal executive departments and agencies to “administer their programs and activities relating to housing and urban development . . . in a manner affirmatively to further” fair housing (42 U.S.C. § 3608(d) and (e)). All federally assisted programs and activities are subject to Title VI of the Civil Rights Act of 1964 forbidding discrimination on the basis of race, color and national origin (see 42 U.S.C. §§ 4000d, et. seq., and HUD regulations in 24 CFR part 1) and Section 504 of the Rehabilitation Act of 1973, which forbids discrimination on the basis of disability and requires that federally assisted programs make each activity “when viewed in its entirety” readily accessible to persons with disabilities and make reasonable accommodation to the needs of persons with disabilities (see 29 U.S.C. §§ 701, et seq., and 24 CFR part 8), as well as Titles II and III of the Americans with Disabilities Act (12 U.S.C. §§ 12101, et seq., and 42 CFR parts 35). Executive Order 11063 (24 CFR part 107 was issued to prevent discrimination based on race, color, religion, sex, or national origin in Federally assisted housing property or facilities and to require program participants to provide informatoin on race, color, religion, sex, or national original of applicants for and participants in Federally assisted housing.
HUD has issued a separate notice, the RAD Fair Housing, Civil Rights, and Relocation Notice, to provide more detailed guidance regarding certain civil rights requirements of RAD transactions. This Notice has been updated to remove civil rights guidance and requirements that are duplicative ofthe provisions of the RAD Fair Housing, Civil Rights, and Relocation Notice. The removal of this language does not modify any of the requirements contained in the RAD Fair Housing, Civil Rights, and Relocation Notice. PHAs should consult the RAD Fair Housing, Civil Rights and Relocation Notice early in the planning process so that they are aware of RAD's ciivil rights related requirements for poject construction and operation, site selection, submission of information to HUD, and HUD approval.
RAD conversions that include one or more of the circumstances described in the RAD Fair Housing, Civil Rights, and Relocation notice must undergo a Front-End Civil Rights Review. The purpose of the review is early identification of the risk that elements of proposed RAD projects will be out of compliance with certain fair housing and cvil rights requirements. When such circumstances are present, the PHA must obtain written approval from HUD.
