FY 2025 Notice of Funding Availability
General Administrative, National, and Departmental Policy Requirements and Terms for HUD's Financial Assistance Programs - FY2025

The table below outlines various laws and policies that may apply to recipients of HUD's financial assistance programs. Recipients are responsible for making sure activities funded by Federal awards comply with applicable Federal requirements, whether the recipients carry out those activities directly or use contractors or subrecipients to carry out those activities. See 2 CFR 200.101(b)(1), 200.300(a), 200.303, 200.329(a), and 200.332.

The table is not intended to include an exhaustive list. For NOFOs, the laws and policies below apply if they are listed in the program notice or the program NOFO, Section VII.A., "Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards." Some laws and policies may apply only to awards with certain types of activities or to certain types of recipients. For example, some may apply only to construction awards, or awards associated with publications. Some of the exceptions are noted in the tables below.

In addition, the requirements as stated below apply only to the extent they are consistent with the requirements stated by applicable Federal statutes, regulations, and the applicable program NOFO or notices. The legal agreement signed pursuant to an award with the recipient or subaward with a subrecipient must contain assurances (and certifications where applicable) of compliance with program requirements including, but not limited to, nondiscrimination and equal opportunity requirements.

 

No.

Summary of Laws and Policies

Source

Additional Information

The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and disability.

 

The Act also includes an affirmative obligation to administer all federal programs relating to housing and urban development in a manner that affirmatively furthers fair housing. (See below, Requirement 6). 

 

In addition to Federal civil rights requirements, recipients, directly or through contractual or other arrangements, must follow the fair housing law(s) of the state or locality in which their program or activity is conducted (e.g., if there is a law prohibiting discrimination in housing based on lawful source of income).

Statute: 42 U.S.C. §§ 3601 - 3619 (www.govinfo.gov/content/
pkg/ USCODE-2016-title42/html/USCODE-2016-title42-chap45-subchapI.htm_

 

Regulations: 24 CFR part 100 (www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100?toc=1) et seq.

 

Title VI of the Civil Rights Act of 1964 prohibits recipients, directly or through contractual or other arrangements, from discriminating against any person because of race, color, or national origin. This means that recipients cannot exclude someone from participation, limit their access, treat them differently, deny them benefits, provide benefits differently, subject them to segregation, or otherwise discriminate based on race, color, or national origin.

 

Title VI also prohibits use of program criteria or methods, and siting decisions for facilities or services, if the intended or unintended result is discrimination based on a protected class.

 

Title VI also contains an affirmative obligation to take reasonable steps to remove or address the effects of past discrimination, regardless of whether the recipient were responsible for it.

Statute: 42 U.S.C. § 2000d (www.govinfo.gov/content/pkg/
USCODE-2008-title42/pdf/USCODE-2008-title42-chap21-subchapV.pdf) et seq.

 

Regulations: 24 CFR part 1 (www.ecfr.gov/current/title-24/part-1)

 

The Age Discrimination Act of 1975 prohibits recipients, directly or through contractual or other arrangements, from actions that directly or have the effect of excluding from participation, denying benefits, or otherwise subjecting a person to discrimination on the basis of age. In certain circumstances, outlined at 24 CFR § 146.13(b), prohibited acts may be taken if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity.

Statute: 42 U.S.C. §§ 6101 - 6107 (www.govinfo.gov/content/
pkg/USCODE-2016-title42/html/USCODE-2016-title42-chap76.htm)

 

Regulations: 24 CFR part 146 (www.ecfr.gov/current/title-24/part-146)

 

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

 

Recipients, directly or through contractual or other arrangements, cannot:

  • Deny qualified persons with disabilities the opportunity to participate in or benefit from housing, or an aid, benefit, or service; and
  • Provide different or separate benefits to persons with disabilities, unless necessary to provide such individuals with benefits that are equally effective to those provided to others.

 

Additionally, Section 504 imposes the following obligations on recipients, directly or through contractual or other arrangements:

  • Ensure accessibility for persons with disabilities to all HUD-funded activities.
  • Take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public.
  • Administer programs and activities in the most integrated setting appropriate to the needs of qualified persons with disabilities.
  • Provide reasonable accommodations for persons with disabilities.

Statute: 29 U.S.C. § 794 (www.govinfo.gov/content/
pkg/USCODE-2016-title29/html/USCODE-2016-title29-chap16-subchapV-sec794.htm)

 

Regulations: 24 CFR part 8 (www.ecfr.gov/current/title-24/part-8)

An example of an appropriate step to ensure effective communication is providing auxiliary aids and services, including American Sign Language interpreters and alternate format documents (e.g., Braille, large print, accessible electronic communications) for persons with disabilities.

 

A reasonable accommodation is a change, adaptation, or modification to a policy, program, service, or workplace, which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job.

 

See HUD's Resources: Section 504 of the Rehabilitation Act of 1973.

The Americans with Disabilities Act (ADA). Title II of the ADA prohibits discrimination based on disability in services, programs, or activities provided or made available by public entities. Title III of the ADA prohibits discrimination based on disability in the goods, services, facilities, privileges, advantages, or accommodations of places of public accommodation owned, leased, or operated by private entities.

Statute: Title II of the ADA (42 U.S.C. §§ 12131 - 12165 (www.govinfo.gov/content/
pkg/USCODE-2016-title42/html/USCODE-2016-title42-chap126-subchapII.htm)). DOJ's Title II implementing regulations: 28 CFR part 35 (www.ecfr.gov/current/title-28/chapter-I/part-35).

 

Statute: Title III of the ADA (42 U.S.C. §§ 12181 - 12189 (www.govinfo.gov/content/
pkg/USCODE-2016-title42/html/USCODE-2016-title42-chap126-subchapIII.htm)). DOJ's Title III implementing regulations: 28 CFR part 36 (www.ecfr.gov/current/title-28/chapter-I/part-36)

Places of public accommodations is an expansive term. For example, leasing offices and social service establishments, which are often located in affordable housing developments and other facilities receiving HUD financial assistance are subject to Title III of the ADA, in addition to requirements under Section 504 and Title II of the ADA.

Affirmatively Furthering Fair Housing Requirements. The Fair Housing Act requires HUD to administer its programs and activities in a manner to affirmatively further the purposes of the Fair Housing Act. HUD requires all recipients of HUD funding, including those awarded and announced under HUD's Notice of Funding Opportunities (NOFOs), to take meaningful actions that affirmatively further fair housing, unless recipients are specifically exempted.

Statute: Section 808(e)(5) of the Fair Housing Act (42 U.S.C. § 3608(e)(5) (www.govinfo.gov/content/
pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap45-subchapI-sec3608.pdf))

 

Regulations: 24 CFR 5.150 (www.ecfr.gov/current/title-24/section-5.150)

 

Economic Opportunities for Low- and Very Low-Income Persons. Section 3 of the Housing and Urban Development Act of 1968, entitled Economic Opportunities for Low-and Very Low-Income Persons requires, to the greatest extent feasible, that training, employment, contracting and other economic opportunities be directed to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low- and very low-income persons.

Statute: Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u (www.govinfo.gov/content/
pkg/USCODE-2023-title12/pdf/USCODE-2023-title12-chap13-sec1701u.pdf))

 

Regulations: 24 CFR part 75 (www.ecfr.gov/current/title-24/part-75)

 HUD encourages recipients to utilize the Section 3 Resource Hub (www.hudexchange.info/
programs/section-3/resource-hub/?) to discover local opportunities for workforce and business development.

Improving Access to Services for Persons with Limited English Proficiency. Executive Order 13166 (www.whitehouse.gov/wp-content/uploads/2017/
11/Assessment-of-Cost-and-Benefits-Associated-with-the-Implementation-of-EO-13166-Nov30-2001.pdf), Improving Access to Services for Persons with Limited English Proficiency seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). Recipients must take reasonable steps to ensure meaningful language access to their programs and activities to persons with LEP. 		LEP guidance: Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 72 Fed. Reg. 2732 (Jan. 22, 2007) (www.federalregister.gov/
documents/2007/01/22/07-217/final-guidance-to-federal-financial-assistance-recipients-regarding-title-vi-prohibition-against) 		 

Accessible Technology. Section 508 of the Rehabilitation Act of 1973 requires that all electronic and information technology (EIT) developed, procured, maintained, or used by HUD will allow persons with disabilities to access and use information and data comparably to those without disabilities unless an undue burden would result.

 

HUD's regulations implementing Section 504 of the Rehabilitation Act and the Americans with Disabilities Act also require effective communication with individuals with disabilities and prohibit EIT-imposed barriers to access information, programs, and activities for persons with disabilities.

Statute: Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d (www.govinfo.gov/content/
pkg/USCODE-2011-title29/pdf/USCODE-2011-title29-chap16-subchapV-sec794d.pdf)); Section 504 of the Rehabilitation Act (29 U.S.C. § 794 (www.govinfo.gov/content/
pkg/USCODE-2016-title29/html/USCODE-2016-title29-chap16-subchapV-sec794.htm)); and Title II of the ADA (42 U.S.C. §§ 12131 - 12165 (www.govinfo.gov/content/
pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap126.htm)) as applicable.

 

Regulations: Access Board's Section 508 regulations at 36 CFR part 1194 (www.ecfr.gov/current/title-36/chapter-XI/part-1194); HUD's Section 504 effective communication regulations at 24 CFR § 8.6 (www.ecfr.gov/current/title-24/subtitle-A/part-8/subpart-A/section-8.6); and DOJ's Title II communications regulations at 28 CFR part 35, subpart E (www.ecfr.gov/current/title-28/part-35/subpart-E) and web and mobile accessibility requirements applicable to state and local government recipients at 28 CFR part 35, subpart H (www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H).

Recipients can visit HUD's Section 508 Program page or read HUD's Section 508 policy. Recipients can also learn about Section 508 at Section508.gov (www.section508.gov/) and the U.S. Access Board website (www.access-board.gov/ict).

 

For state and local government grantees covered by Title II of the ADA, DOJ's 2024 Web Access Rule outlines stricter standards than the Access Board's Section 508 regulations. 28 CFR part 35, subpart H (www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H), Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, 89 Fed. Reg. 31320 (Apr. 24, 2024) (www.govinfo.gov/content/pkg
/FR-2024-04-24/pdf/2024-07758.pdf).

Equal Access to Housing Regardless of Sexual Orientation, Gender Identity, or Marital Status. The Equal Access Rule requires that eligibility determinations for HUD-assisted housing and mortgage-insured housing must be made according to program eligibility requirements, and without regard to actual or perceived sexual orientation, gender identity, or marital status. Additionally, any recipient, sub-recipient, owner, operator, manager, or service provider funded in whole or part by any Community Planning and Development (CPD) program must provide equal access to programs, activities, services, or facilities in accordance with a person's gender identity. Regulations: HUD's equal access requirements in 24 CFR 5.105(a)(2) (www.ecfr.gov/current/title-24/part-5/section-5.105#p-5.105(a)(2)) and 5.106 (www.ecfr.gov/current/title-24/section-5.106).

24 CFR 5.100 (www.ecfr.gov/current/title-24/section-5.100) provides these Equal Access Rule Definitions:

 

Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth and regardless of the person's perceived gender identity. Perceived gender identity means the gender with which a person is perceived to identify based on that person's appearance, behavior, expression, other gender related characteristics, or sex assigned to the individual at birth or identified in documents.

 

Sexual orientation means one's emotional or physical attraction to the same and/or opposite sex (e.g., homosexuality, heterosexuality, or bisexuality).

 

The Fair Housing Act, see Requirement No. 1 above, also prohibits discrimination in housing and housing-related services because of sex, which includes discrimination because of sexual orientation or gender identity.

Ensuring the Participation of Small Disadvantaged Businesses, and Women-Owned Businesses. HUD ensures that small businesses, small-disadvantaged businesses, women-owned businesses, and Labor Surplus Area Firms fully participate in HUD's contracting opportunities and financial assistance programs. Recipients are required to take all necessary affirmative steps to ensure that minority businesses, women's business enterprises, and Labor Surplus Area Firms are used whenever possible. Regulations: 2 CFR 200.321 (www.ecfr.gov/current/title-2/section-200.321)  

Energy Efficiency and Flood Resilience.

Energy Independence and Security Act of 2007 (EISA) requires HUD and USDA to jointly adopt the most recently published energy standards, subject to a cost-benefit housing "affordability and availability" test. In 2024, HUD and USDA published a final determination to adopt the 2021 International Energy Conservation Code (IECC) and ASHRAE 90.1-2019. These requirements apply to new construction for the following HUD programs: HOME and Housing Trust Fund; FHA-Insured single family and multifamily; Public Housing Capital Fund and Project Based Vouchers; Choice Neighborhoods, Section 202, and Section 811; and Rental Assistance Demonstration.

 

Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, directs HUD to use its full capacity to reduce pollution, increase resilience, conserve water, and align its management of real property and financial programs to support strong climate action. This includes securing environmental justice and promoting economic opportunities for historically marginalized communities overburdened by pollution and lack of investment in housing, transportation, water infrastructure, healthcare, and other communities with environmental justice concerns.

 

Housing constructed, rehabilitated, and/or acquired with HUD funds should, (following rehabilitation, if necessary) be well-designed, energy- and water-efficient, sustainable, accessible, and free from discrimination. Housing should, where practicable, prioritize location efficiency; be resistant to local disaster risks; have healthy indoor air quality; embrace the tenets of accessible design, including concepts of visitability and universal design; have access to affordable broadband internet for residents; and use native plant species in landscape design. When older or obsolete products are replaced as part of rehabilitation work, rehabilitation should use ENERGY STAR-labeled, Water Sense-labeled, or Federal Energy Management Program (FEMP)-designated products and appliances.

 

All new construction or feasible substantial rehabilitation should meet a Green and Resilient Building Standard, and new construction or substantial improvement must adhere to Elevation Standards for structures in the Federal Flood Risk Management Standard (FFRMS) floodplain (see 24 CFR 55.7 and 55.20). For certain programs, the FFRMS floodplain requirements go into effect for applications submitted on or after January 1, 2025 (see 89 FR 30850 (www.federalregister.gov/
documents/2024/04/23/2024-06246/floodplain-management-and-protection-of-wetlands-minimum-property-standards-for-flood-hazard)).

 

Environmental Review. The National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. § 4321 et seq.) and the government-wide NEPA implementing regulations at 40 CFR Parts 1500 - 1508 issued by the White House Council on Environmental Quality (CEQ) direct federal agencies to give proper consideration to the environment prior to undertaking any federal action that affects the environment. HUD is required to develop NEPA implementing procedures that supplement the CEQ regulations; these regulations are at 24 CFR Parts 50, 51, 55, and 58. NEPA applies to all HUD funded, assisted, and approved projects and actions.

Statute: Section 481 of the Energy Independence and Security Act of 2007 (Pub. L. 110-140 (www.govinfo.gov/content/
pkg/PLAW-110publ140/pdf/PLAW-110publ140.pdf))

 

Statute: National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq (www.govinfo.gov/content/
pkg/COMPS-10352/pdf/COMPS-10352.pdf).)

 

Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/)

 

Regulations: 24 CFR 55.7 (www.ecfr.gov/current/title-24/subtitle-A/part-55/subpart-B/section-55.7), 24 CFR 55.20 (www.ecfr.gov/current/title-24/subtitle-A/part-55/subpart-C/section-55.20)

 

CEQ NEPA Implementing Regulations: 40 CFR Parts 1500 - 1508 (www.ecfr.gov/current/title-40/chapter-V/subchapter-A)

 

HUD NEPA Implementing Regulations: 24 CFR Parts 50, 51, 55, and 58 (www.ecfr.gov/current/title-24/subtitle-A)

Green and Resilient Building Standard means an industry-recognized standard incorporating both:

  1. Certification under (i) Enterprise Green Communities, (ii) Leadership in Energy and Environmental Design (LEED) (New Construction, Homes, Midrise, Existing Buildings Operations and Maintenance, or Neighborhood Development), (iii) International Code Council (ICC)-700 National Green Building Standard Green+ Resilience; (iv) Living Building Challenge, or (v) a regional standard such as Earth Advantage New Homes; or (vi) any other equivalent comprehensive green building program acceptable to HUD; and
  2. Minimum energy efficiency requirements, such as those defined in (i) ENERGY STAR (Certified Homes or Multifamily High-Rise), (ii) DOE Zero Energy Ready Home; (iii) Passive House Institute Passive Building or EnerPHit certification from the Passive House Institute US (PHIUS), International Passive House Association; or (iv) any other equivalent energy efficiency standard acceptable to HUD.

 

Adhering to Elevation Standards means all structures (www.ecfr.gov/current/title-44/part-59#p-59.1(Structure)), as defined at 44 CFR 59.1 (www.ecfr.gov/current/title-44/chapter-I/subchapter-B/part-59), designed principally for residential use and located in the Federal Flood Risk Management Standard (FFRMS) floodplain, and receiving assistance for new construction or substantial improvement (www.ecfr.gov/current/title-24/part-55/section-55.2#p-55.2(b)(12), as defined at 24 CFR 55.2(b)(12) (www.ecfr.gov/current/title-24/subtitle-A/part-55/subpart-A/section-55.2), must be elevated with the lowest floor or FEMA-approved equivalent, including the basement, using the elevation of the FFRMS floodplain as the baseline standard for elevation, except where higher elevations are required by Tribal, State, or locally adopted code or standards, in which case those higher elevations apply. Nonresidential structures, and residential structures with no dwelling units below the FFRMS floodplain that are not critical actions, that receive assistance for new construction, repair of substantial damage, or substantial improvement must be elevated or floodproofed, in accordance with FEMA floodproofing standards at 44 CFR 60.3(c)(3)(ii) (www.ecfr.gov/current/title-44/part-60#p-60.3(c)(3)(ii)) and 60.3(c)(4)(i) (www.ecfr.gov/current/title-44/part-60#p-60.3(c)(4)(i)) or successor standard, up to at least FFRMS flood elevation.

 

Environmental reviews under NEPA must be completed prior to a commitment of HUD or non-HUD funds or undertaking any choice-limiting actions. Additional resources and guidance pertaining to completing NEPA reviews for HUD funded, assisted, and approved projects and actions are available on HUD Exchange (www.hudexchange.info/
programs/environmental-review/orientation-to-environmental-reviews/#overview) and www.hud.gov.

 

Resources and guidance pertaining to laws and regulations that are part of the environmental review process are available on HUD Exchange (www.hudexchange.info/
programs/environmental-review) and www.hud.gov.

Real Estate Acquisition and Relocation. With certain exceptions, HUD-funded programs or projects are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the government-wide regulations issued by the Federal Highway Administration. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects.

 

The relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD assistance.

Statute: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) (42 U.S.C. § 4601 et seq. (www.govinfo.gov/content/
pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap61-subchapI-sec4601.pdf))

 

Regulations: 49 CFR part 24 (www.ecfr.gov/current/title-49/subtitle-A/part-24?toc=1)

HUD's Relocation and Real Estate Division (RRED) is preparing guidance to describe the effective date and applicability of the 2024 URA Final Rule's provisions to HUD funded projects. This guidance will be promulgated in a Federal Register Notice.

 

RRED's current websites include regulations, Handbook, Policy Briefs, FAQs, tools, resources, contacts, and on-line training materials.  These materials and resources will require revision and updating to reflect the new regulatory requirements.  Inquiries for additional assistance can be directed to the RRED program staff contact listing contained within the websites as follows:

www.hud.gov/program_offices/
comm_planning/relocation

www.hudexchange.info/
programs/relocation/

Participation in a HUD-Sponsored Program Evaluation. As a condition of the receipt of the award under a NOFO, the recipient is required to cooperate with all HUD staff, contractors, or designated grantees performing research or evaluation studies funded by HUD. In addition, all recipients must comply with the requirements of 24 CFR part 60 when conducting or participating in research activities sponsored or funded by HUD that involve human subjects.

Statute: 12 USC 1701z-1 and 12 USC 1702z-2 (www.govinfo.gov/content/
pkg/USCODE-2023-title12/pdf/USCODE-2023-title12-chap13-sec1701z-1.pdf)

 

24 CFR part 60 -- Protection of Human Subjects

 

Federal Register Notice, (FR-6278-N-01 (www.govinfo.gov/content/
pkg/FR-2021-08-13/pdf/2021-17290.pdf))

 

Also, see applicable NOFO.

 

OMB Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, set forth in 2 CFR part 200, apply, except as otherwise provided by the Program NOFO or applicable program regulations. Regulations: 2 CFR part 200 (www.ecfr.gov/current/title-2/part-200)  

Drug-Free Workplace. Recipients must comply with the drug-free workplace laws set forth in subpart B (or subpart C, if the recipient is an individual) of 2 CFR part 2429 (www.ecfr.gov/current/title-2/part-2429/subpart-B), which adopts the government-wide implementation (2 CFR part 182 (www.ecfr.gov/current/title-2/section-182.225)) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). Regulations: 2 CFR part 2429 (www.ecfr.gov/current/title-2/part-2429/subpart-B), subparts B (or C, if the recipient is an individual (www.ecfr.gov/current/title-2/subtitle-B/chapter-XXIV/part-2429/subpart-C?toc=1)); 2 CFR part 182 (www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-182)  

Privacy Act Requirements Related to Safeguarding Resident/Client Files. In maintaining resident and client files, funding recipients must follow all applicable privacy laws, including state, local, and tribal laws concerning the disclosure of records that pertain to individuals and take reasonable measures to ensure that all files are safeguarded, including when reviewing, printing, or copying client files. Federal requirements will apply where state, local, or tribal laws are inconsistent with Federal requirements, to the extent such Federal requirements preempt state, local, and tribal laws. When collecting or maintaining personally identifiable information for inclusion in a HUD system of records as defined by the Privacy Act of 1974, recipients must comply with agency rules, regulations, or other requirements issued under the Privacy Act of 1974, including, but not limited, to 24 CFR part 5 subpart B, PIH-2015-06, and other related issuances, as applicable.

Statute: Privacy Act of 1974, as amended (5 U.S.C. 552a (www.govinfo.gov/content/
pkg/USCODE-2010-title5/pdf/USCODE-2010-title5-partI-chap5-subchapII-sec552a.pdf))

 

Regulations: 24 CFR part 5 subpart B (www.ecfr.gov/current/title-24/part-5/subpart-B); HUD Rule PIH-2015-06

 

Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) (Transparency Act), as amended. All recipients must comply with the award terms found in 2 CFR part 170 Appendix A. Regulations: 2 CFR part 170 (www.ecfr.gov/current/title-2/part-170), Appendix A to 2 CFR part 170 (www.ecfr.gov/current/title-2/part-170/appendix-Appendix%20A%20to%20Part%20170)  

Eminent Domain. No federal funds provided under the Federal award may be used to support any Federal, State, or Local project that seeks to use the power of eminent domain, unless eminent domain is used only for public use. Public use may not be construed to include economic development that primarily benefits private entities.

Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107-118).

This requirement is a recurring condition in HUD's annual appropriations Acts.  

Accessibility for Persons with Disabilities applies to all HUD-funded activities. All meetings and services must be conducted in facilities that are physically accessible to persons with disabilities. Recipients must prioritize alternative methods to deliver products and information delivery that offers programs and activities to qualified persons with disabilities in the most integrated setting appropriate.

 

Additionally, all notices of, and communications during, training sessions and public meetings must be provided in a way that is effective for persons with hearing, visual, and other communication related disabilities or provide other means of accommodation for persons with disabilities.

Statute: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (www.govinfo.gov/content/
pkg/USCODE-2023-title29/pdf/USCODE-2023-title29-chap16-subchapV-sec794.pdf)

 

Regulations: 24 CFR part 8, subpart C (www.ecfr.gov/current/title-24/subtitle-A/part-8/subpart-C)

Recipients must provide appropriate auxiliary aids and services necessary to ensure effective communication, which includes ensuring that information is provided in appropriate accessible formats as needed, e.g., Braille, audio, large type, assistive listening devices, sign language interpreters, accessible websites, and other electronic communications. See 24 CFR Section 8.6; 28 CFR 35.160, 36.303

 

HUD's Resources: Section 504 of the Rehabilitation Act of 1973

Violence Against Women Act.

Requirements for Covered Housing Programs. The Violence Against Women Act of 1994 (VAWA), as amended, provides housing protections for victims of domestic violence, dating violence, sexual assault, and stalking in many of HUD's housing programs. In general, under the VAWA rule, an applicant for assistance or a tenant already assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis or as a direct result of the fact that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.

 

The VAWA rule also requires that the covered housing providers establish emergency transfer plans for facilitating the emergency relocation of certain tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. VAWA, as reauthorized by the Violence Against Women Act Reauthorization Act of 2022, prohibits any public housing agency or owner or manager or housing assisted under a covered housing program from discriminating against any person because that person has opposed any act or practice made unlawful by the housing title of VAWA or because that person testified, assisted, or participated in any related matter. It also prohibits any public housing agency or owner or manager of housing assisted under a covered housing program from coercing, intimidating, threatening, interfering with, or retaliating against any person who exercises or assists or encourages a person to exercise any rights or protections under the housing title of VAWA.

 

Protecting the right to report crime and emergencies from one's home. VAWA also protects the right to report crime and emergencies from housing. It establishes that landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance. It prohibits actual or threatened penalties based on requests for assistance or criminal activity of which an individual is a victim or otherwise not at fault under the laws or policies adopted or enforced by (any municipal, county, or State government that receives funding under Section 106 of the Housing and Community Development Act of 1974).

Statute: The Violence Against Women Act of 1994, as amended, housing provisions at 34 U.S.C. 12491, et seq (www.govinfo.gov/content/
pkg/USCODE-2023-title34/pdf/USCODE-2023-title34-subtitleI-chap121-subchapIII-partL-subpart2-sec12491.pdf).

 

HUD's regulations implementing VAWA, as amended by the Violence Against Women Reauthorization Act of 2013, are at 24 CFR part 5, subpart L (www.ecfr.gov/current/title-24/part-5/subpart-L), Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (collectively, the VAWA rule), and in the applicable program regulations

The specific HUD programs that are subject to the VAWA housing protections are listed in the "covered housing program (www.ecfr.gov/current/title-24/part-5/section-5.2003#p-5.2003(Covered housing program))" definition at 24 CFR 5.2003, and as may be identified by HUD through further regulations, notices, or any other means.

Conducting Business in Accordance with Ethical Standards. All Federal award recipients, except States and Tribes subject to 2 CFR 200.317, must have a code of conduct (or written standards of conduct) for procurements that meet all requirements in 2 CFR 200.318(c). Before entering into an agreement with HUD, each applicant selected for an award under a NOFO must ensure an up-to-date copy of the organization's code of conduct, dated and signed by the Executive Director, Chair, or equivalent official, of the governing body of the organization, is available in Code of Conduct e-library. Applicants can check the e-Library to confirm whether HUD has received their Code of Conduct. States and Tribes subject to 2 CFR 200.317 must follow the same policies and procedures for procurements under Federal awards that the state uses for procurements from its non-Federal funds. If such policies and procedures do not exist, they must follow the code of conduct requirements in 2 CFR 200.318(c).

 

All recipients must comply with the conflict-of-interest requirements in the applicable program regulations and grant agreements. If there are no program-specific regulations for the award, the conflict-of-interest requirements specified below this table, titled Conflicts of Interest, apply. Recipients must disclose in writing any potential conflict of interest to HUD.

Regulations: 2 CFR 200.112 (www.ecfr.gov/current/title-2/section-200.112), 2 CFR 200.113 (www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.113), 2 CFR 200.317 (www.ecfr.gov/current/title-2/section-200.317), CFR 200.318(c).  

Build America, Buy America ("BABA"). The Recipient must comply with the requirements of the Build America, Buy America (BABA) Act, Sections 70901-52 of Public Law No. 117-58, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any infrastructure projects for which HUD obligates funds on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by another applicable waiver. Applicants are encouraged to consult with the NOFO point of contact to confirm.

Statute: Build America, Buy America (BABA) Act, Sections 70901-52 of Pub. L. No. 117-58, 41 U.S.C. 8301 (www.govinfo.gov/content/
pkg/PLAW-117publ58/pdf/PLAW-117publ58.pdf) note

 

HUD Notice, Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (www.federalregister.gov/
documents/2023/02/21/2023-03555/public-interest-phased-implementation-waiver-for-fy-2022-and-2023-of-build-america-buy-america)

For additional resources, please see www.hud.gov/baba

 

For more information and a list of waivers issued by HUD, please see www.hud.gov/program offices/
general counsel/build america buy america/waiver.

System for Award Management and Unique Entity Requirements. The Award Term in Appendix A to 2 CFR part 25 applies to each agreement HUD makes with a recipient for Federal financial assistance, as defined in 2 CFR 200.400. Regulations: 2 CFR 25.110 (www.ecfr.gov/current/title-2/section-25.110), 2 CFR part 25 (www.ecfr.gov/current/title-2/part-25), including Appendix A (www.ecfr.gov/current/title-2/part-25/appendix-Appendix%20A%20to%20Part%2025). Additional guidance is available on SAM.gov (sam.gov/content/home).

Trafficking in Persons. The award term in Appendix A of 2 CFR (www.ecfr.gov/current/title-2/part-175#p-175.15(b)) part 175 applies to each grant or cooperative agreement HUD makes with a private entity, as defined in 2 CFR 175.300; and each grant or cooperative agreement HUD makes with a State, local government, Indian tribe, foreign public entity, or any other recipient, where funding under the award could be provided to a subrecipient that is a private entity. However, where the award term refers to the agency's regulatory implementation of the OMB guidelines in 2 CFR part 180 (www.ecfr.gov/current/title-2/part-180), those references will be understood to refer to 2 CFR part 2424 (www.ecfr.gov/current/title-2/subtitle-B/chapter-XXIV/part-2424).

Statute: Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g) (www.govinfo.gov/content/
pkg/USCODE-2023-title22/pdf/USCODE-2023-title22-chap78-sec7104.pdf))

 

Regulations: 2 CFR part 175 (www.ecfr.gov/current/title-2/part-175), 2 CFR part 180 (www.ecfr.gov/current/title-2/part-180), 2 CFR part 2424 (www.ecfr.gov/current/title-2/subtitle-B/chapter-XXIV/part-2424)

 

Award Term and Condition for Recipient Integrity and Performance Matters. The Award Term and Condition for Recipient Integrity and Performance Matters, as stated in Appendix XII to 2 CFR part 200, apply to each agreement HUD makes with a recipient for Federal financial assistance, as defined in 2 CFR 200.1, where the total Federal share of the award may include more than $500,000 over the period of performance. Regulations: Appendix XII to 2 CFR part 200 (www.ecfr.gov/current/title-2/part-200/appendix-Appendix%20XII%20to%20Part%20200), 2 CFR 200.211(c)(1)(iii)  

Suspension and Debarment. The government-wide debarment and suspension regulations in 2 CFR part 180 apply as incorporated and supplemented by HUD's implementing regulations in 2 CFR part 2424. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Regulations: 2 CFR part 180 (www.ecfr.gov/current/title-2/part-180), 2 CFR part 2424 (www.ecfr.gov/current/title-2/part-2424)  

Environmental Justice Requirements. If and as required by the applicable NOFO, the recipient must comply with environmental justice requirements under Executive Orders 12898 and 14008. EO 14096 requires federal agencies to advance environmental justice for all by implementing and enforcing the Nation's environmental and civil rights laws, preventing pollution, addressing climate change and its effects, and working to clean up legacy pollution that is harming human health and the environment. Program activities may trigger the completion of an environmental review, some levels of which require an environmental justice component. Regardless, of which review is required, all HUD program activities must comply with affirmatively furthering fair housing in how the program operates and with respect to program beneficiaries. If the award is covered by OMB Memorandum M-21-28 (www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf), which implements the Justice40 Initiative, section 223 of Executive Order 14008, the Memorandum explains how to comply with environmental justice requirements under Executive Order 14008.

Regulations: 24 CFR part 50 (www.ecfr.gov/current/title-24/part-50) or part 58 (www.ecfr.gov/current/title-24/part-58)

 

Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations;

 

Executive Order 14008, Tackling the Climate Crisis at Home and Abroad;

 

Executive Order 14096, Revitalizing Our Nation's Commitment to Environmental Justice for All.

 

Office of Management and Budget (OMB), Memo M-21-28 (www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf)

 

Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participation in HUD Programs. In accordance with HUD Secretary Marcia Fudge's April 12, 2022, memorandum, Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD Programs, the recipient must prevent unfair and potentially discriminatory exclusions based on criminal history or activity. A person otherwise eligible cannot be excluded from participating in the grant program based on arrest record only. Any reliance on a person's criminal history must be based on accurate records and reliable objective evidence showing a current danger to persons or property.

 

Before excluding an individual because of criminal history , the recipient must offer that individual the opportunity to provide evidence of mitigating circumstances, or that the criminal record is inaccurate or incomplete; and the recipient must take such evidence into their decision. Evidence of mitigating circumstances can include: the nature and severity of the offense, the length of time since the offense, mitigating subsequent conduct, completion of treatment programs, evidence of rehabilitation, or that the criminal record is inaccurate.

HUD Secretary Marcia Fudge Memo, Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD Programs  

Equity Requirements. Federal agencies are required to develop a comprehensive approach to advancing equity for all, including Black and Brown people and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the government and requires a systemic approach to embed fairness in decision-making processes and recognize and redress inequities in policies and programs that serve as barriers to equal opportunity. Recipients must follow any requirements to advance equity in the applicable Notice of Funding Opportunity.

 

In addition, Federal agencies must prevent and combat discrimination on the basis of gender identity or sexual orientation. Persons who are LGBTQIA+ often are a historically underserved community. Recipients may consider the significant barriers and discrimination that persons who identify as LGBTQIA+ face and consider ways to support underserved communities, such as LGBTQIA+, with respect to their proposed NOFO activities.

Executive Order 13985 (www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/), Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

 

Executive Order 14091 (www.whitehouse.gov/briefing-room/presidential-actions/2023/02/16/executive-order-on-further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/), Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

 

Executive Order 13988 (www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/), Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

 

Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). All HUD awards are subject to the requirements under 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce.

 

Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee- as well as a personal services contractor-who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of:

  1. Gross mismanagement of a Federal contract or grant;
  2. Gross waste of Federal funds;
  3. Abuse of authority relating to a Federal contract or grant;
  4. Substantial and specific danger to public health and safety; or
  5. Violations of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
Statute: 41 U.S.C. § 4712 (www.govinfo.gov/content/
pkg/USCODE-2012-title41/pdf/USCODE-2012-title41-subtitleI-divsnC-chap47-sec4712.pdf)

HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form (www.hudoig.gov/
hotline/hotline-form).

 

See Federal Contractor or Grantee Protections | Office of Inspector General, Department of Housing and Urban Development:

www.hudoig.gov/fraud/
whistleblower-rights/federal-contractor-grantee-protections (www.hudoig.gov/fraud/
whistleblower-rights/federal-contractor-grantee-protections)

Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

 

In furtherance of Executive Orders 14091 and 14110, HUD funds cannot be used to purchase or fund any form of facial or biometric recognition technology for the purposes of surveillance or any other use that may adversely impact equitable access to housing.

 

In addition, Federal award funds must not be used to purchase, lease, or renew or extend contracts for security equipment by Huawei Technologies Company or the ZTE Corporation (or any subsidiary or affiliate of such entities) or other "covered telecommunications equipment or services" as described in 2 CFR 200.216.

Statute: Section 889 of Public Law 115-232 (www.govinfo.gov/content/
pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf) (41 USC 3901 note prec.
(https://uscode.house.gov/view.xhtml
?hl=false&edition=prelim&req
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=%7CKHRpdGxlOjQxIHNlY3Rpb246Mzkw MSBlZGl0aW9uOnByZWxpbSkgT1IgKGd
yYW51bGVpZDpVU0MtcHJlb GltLXRpdG
xlNDEtc2VjdGlvbj M5MDEp%7CdHJlZX
NvcnQ%3D%7C%7C0%7Cfalse%7Cprelim))

 

Regulation: 2 CFR 200.216, Prohibition on Certain Telecommunication and Video Surveillance Equipment or Services (www.ecfr.gov/current/title-2/section-200.216)

 

Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (www.federalregister.gov/
documents/2023/02/22/2023-03779/further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal)

 

Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (www.federalregister.gov/
documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence)

 

The Freedom of Information Act (FOIA). The FOIA gives any person the right to request access to HUD records. HUD must disclose the records requested unless they are protected by one or more of the exempt categories of information found in the FOIA. In addition to responding to FOIA requests from members of the public, HUD may also share records within HUD or with other Federal agencies, if HUD determines that sharing is relevant to the respective program's objectives.

Statute: 5 USC § 552 (www.govinfo.gov/content/
pkg/USCODE-2023-title5/pdf/USCODE-2023-title5-partI-chap5-subchapII-sec552.pdf)

 

Regulations: 24 CFR pt 15 (www.ecfr.gov/current/title-24/subtitle-A/part-15)

 

 

Conflicts of Interest

All recipients and subrecipients must comply with the conflict-of-interest requirements in the applicable program regulations and grant agreements. If there are no program-specific regulations for the award, the following conflict-of-interest requirements apply:

  1. Conflicts Subject to Procurement Regulations. In the procurement of property or services by recipients and subrecipients, the conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c) shall apply. In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), recipients and subrecipients must follow the requirements contained in paragraphs ii-v below.
  2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
  3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the recipient's written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effects of the factors in paragraph (v).
  4. Threshold requirements for exceptions. HUD will consider an exception only after the recipient has provided the following documentation:
    1. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and
    2. An opinion of the recipient's attorney that the interest for which the exception is sought would not violate state, local, or tribal law.
  5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
    1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;
    2. Whether an opportunity was provided for open competitive bidding or negotiation;
    3. Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
    4. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question;
    5. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
    6. Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
    7. Any other relevant considerations.
  6. For purposes of the above requirements, once procured, contractors are considered agents of the recipient or subrecipient and are subject to the above conflict of interest rules in addition to the those for procurements at 2 CFR 200.317 or 2 CFR 200.318, as applicable.

Recipients must disclose in writing any potential conflict of interest to HUD.

 

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Content Archived: February 27, 2025