A project may serve one homeless subpopulation only on the seven grounds of 24 CFR 578.93(b), must market to those least likely to apply, and may not screen on a child's age or sex

coc.fair_housing.subpopulation_limits_and_affirmative_marketing · v1.0.0

The nondiscrimination and equal opportunity requirements of 24 CFR 5.105(a) apply. Recipients and subrecipients MAY exclusively serve a particular homeless subpopulation in transitional or permanent housing only if the housing addresses a need the Continuum of Care identified for the geographic area AND it meets one of seven listed grounds: single-sex housing where a single structure with shared bedrooms or bathing facilities makes it appropriate; a specific subpopulation where admission does not discriminate against a protected class, for example homeless veterans, victims of domestic violence and their children, or chronically homeless persons; families with children; exclusion of registered sex offenders and persons with a violent criminal record where at least one family with a child under 18 is in residence; sober housing excluding those who refuse to sign an occupancy agreement prohibiting illegal substances or alcohol; housing also assisted under a Federal program limited by statute or Executive Order to a subpopulation, such as HOPWA; and a preference for those needing the specialised supportive services provided, PROVIDED that no otherwise eligible individual with a disability who may benefit from the services may be excluded on the ground that they do not have a particular disability. A recipient must implement its programs so as to affirmatively further fair housing, which means affirmatively marketing housing and supportive services to eligible persons least likely to apply absent special outreach and KEEPING RECORDS of those marketing activities, reporting conditions that impede fair housing choice to the Consolidated Plan jurisdiction, and providing participants with information on their fair housing rights and remedies. Housing and supportive services must be provided in the MOST INTEGRATED SETTING appropriate to the needs of persons with disabilities, and the age and gender of a child under 18 must not be used as a basis for denying any family's admission.

Confidence

high

Effective from

2012-08-30

Consequence model

agency finding with cure

Last reviewed

2026-08-29