24 C.F.R. § 92.351

§ 92.351 Affirmative marketing; minority outreach program. (24 CFR Part 92)

In Force
Verified 8/21/2026 · Next check 9/20/2026
effective 8/21/2026FederalAffordable Housing Programs

Operative Text

24 C.F.R. § 92.351
(a) Affirmative marketing. (1) Each participating jurisdiction must adopt and follow affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME-assisted housing units. Affirmative marketing requirements and procedures also apply to all HOME- funded programs, including, but not limited to, tenant-based rental assistance and homeownership assistance programs. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status, or disability. If the participating jurisdiction's written agreement with the project owner permits the rental housing project to limit tenant eligibility or to have a tenant preference in accordance with § 92.253(e)(3), the participating jurisdiction must have affirmative marketing procedures and requirements that apply in the context of the limited/preferred tenant eligibility for the project.

(2) The affirmative marketing requirements and procedures adopted must include:

(i) Methods for informing the public, owners, and potential tenants about Federal fair housing laws and the participating jurisdiction's affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups);

(ii) Requirements and practices each subrecipient and owner must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);

(iii) Procedures to be used by subrecipients and owners to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing program or the housing without special outreach (e.g., through the use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies);

(iv) Records that will be kept describing actions taken by the participating jurisdiction and by subrecipients and owners to affirmatively market the program and units and records to assess the results of these actions; and

(v) A description of how the participating jurisdiction will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met.

(3) A State that distributes HOME funds to units of general local government must require each unit of general local government to adopt affirmative marketing procedures and requirements that meet the requirement in paragraphs (a) and (b) of this section.

(b) Minority outreach. A participating jurisdiction must prescribe procedures acceptable to HUD to establish and oversee a minority outreach program within its jurisdiction to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing authorized under this Act or any other Federal housing law applicable to such jurisdiction. Section 200.321 of title 2 Code of Federal Regulations describes actions to be taken by a participating jurisdiction to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services.
Source: Legislative text reproduced verbatim
Plain English

Under 24 CFR Part 92 § 92.351, jurisdictions that receive HOME funds must actively work to attract a diverse pool of applicants to HOME-assisted housing programs and projects with five or more assisted units, without regard to protected characteristics such as race, sex, or disability. They must document their outreach efforts, evaluate those efforts annually, and take corrective steps when the efforts fall short. Separately, these jurisdictions must also run a minority outreach program designed to bring minority- and women-owned businesses into contracts related to affordable housing activities.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and subrecipients involved in HOME-assisted projects covered by § 92.351 are generally expected to follow the affirmative marketing procedures set by their participating jurisdiction, which typically include displaying fair housing materials, using a variety of media and community contacts to advertise availability, and conducting special outreach to groups unlikely to apply on their own. Owners should maintain records of the specific steps taken to market units, since the participating jurisdiction is required to track and assess those actions annually. Staying aligned with the jurisdiction's written affirmative marketing requirements helps demonstrate compliance when the jurisdiction conducts its annual review.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 92.351 establishes that HOME program participants have a right to be reached through broad, nondiscriminatory outreach — meaning housing opportunities should be actively marketed to communities that might otherwise be overlooked, not just advertised through standard channels. If a tenant believes a HOME-assisted project failed to conduct the outreach required under § 92.351, they may raise that concern with the local participating jurisdiction, a HUD field office, or a local fair housing organization. Tenant-rights groups and housing counseling agencies can help individuals understand whether a project's marketing practices aligned with the affirmative marketing obligations that apply to their housing program.

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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Aug 21, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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