24 C.F.R. § 5.105
§ 5.105 Other Federal requirements. (24 CFR Part 5)
Operative Text
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. 2000d-2000d-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; 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. A determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by HUD 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. (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 Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 2 CFR part 2429.
Section 5.105 of 24 CFR Part 5 consolidates a broad set of federal civil rights, equal opportunity, and program integrity requirements that apply across HUD programs. The rule prohibits discrimination based on race, color, national origin, age, disability, sex, sexual orientation, gender identity, and marital status in HUD-assisted or insured housing, and it requires that eligibility determinations be made solely on program criteria. It also mandates compliance with lobbying disclosure rules, bars the use of debarred or suspended contractors, and requires grantees and contractors to maintain drug-free workplace policies.
Plain English — not legal advice.
Property owners and managers participating in HUD-assisted or HUD-insured programs are generally expected to apply eligibility criteria uniformly and without regard to characteristics protected under § 5.105, including sexual orientation, gender identity, and marital status. Compliant operators typically maintain written nondiscrimination policies, ensure that contractors and vendors are not listed on federal debarment or suspension registries, and adhere to drug-free workplace requirements where applicable. Operators also generally keep records sufficient to demonstrate compliance with the disclosure and equal opportunity obligations referenced throughout § 5.105.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 5.105, tenants and applicants in HUD-assisted or HUD-insured housing have the right to be evaluated solely on program eligibility criteria, free from discrimination based on race, color, national origin, age, disability, sex, sexual orientation, gender identity, or marital status. Individuals who believe these protections have been violated may have the option of filing a fair housing complaint with HUD's Office of Fair Housing and Equal Opportunity, raising the violation as a defense in an administrative proceeding, or reaching out to a local tenant-rights organization for general information. Because § 5.105 draws on multiple federal statutes and executive orders, understanding which specific law applies to a given situation may help in identifying the appropriate enforcement path.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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