the prohibitions against discrimination in advertising under Title VIII. (a) Use of Equal Housing Opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the homeseeking public that the property is available to all persons regardless of race, color, religion, sex, or national origin. The choice of logotype, statement or slogan will depend on the type of media used (visual or auditory) and, in space advertising, on the size of the advertisement. Table I (see appendix) indicates suggested use of the logotype, statement, or slogan and size of logotype. Table II (see appendix) contains copies of the suggested Equal Housing Opportunity logotype, statement and slogan. (b) Use of human models. Human models in photographs, drawings, or other graphic techniques may not be used to indicate exclusiveness on the basis of race, color, religion, sex, or national origin. If models are used in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area and both sexes. Models, if used, should portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, or national origin, and is not for the exclusive use of one such group. (c) Coverage of local laws. Where the Equal Housing Opportunity statement is used, the advertisement may also include a statement regarding the coverage of any local fair housing or human rights ordinance regarding discrimination in the sale, rental or financing of dwellings. (d) Notification of fair housing policy (1) Employees. All publishers of advertisements, advertising agencies, and firms engaged in the sale, rental or financing of real estate should provide a printed copy of their nondiscriminatory policy to each employee and officer. (2) Clients. All publishers of advertisements and advertising agencies In any other advertisements, if other logotypes are used in the advertisement, then the Equal Housing Opportunity logo should be of a size at least equal to the largest of the other logotypes; if no other logotypes are used, then the type should be bold display face which is clearly visible. Alternatively, when no other logotypes are used, 3 to 5 percent of an advertisement may be devoted to a statement of the equal housing opportunity policy. In space advertising which is less than 4 column inches (one column 4 inches long or two columns 2 inches long) of a page in size the Equal Housing Opportunity slogan should be used. Such advertisements may be grouped with other advertisements under a caption which state that the housing is Illustration of Media Notice-Publisher's notice: All real estate advertised herein is subject to the Federal Fair Housing Act of 1968 which makes it illegal to advertise "any preference, limitations, or discrimination based on race, color, religion, sex, or national origin, or intention to make any such preferences, limitation, or discrimination." We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Sec. Subpart B-Requirements for Display of 110.10 Persons subject. Subpart C-Enforcement 110.30 Effect of failure to display poster. AUTHORITY: Title VIII, CIVIL Rights Act of 1968 (42 U. S. C. 3601-19); sec. 7(d), Department of Housing and Urban Development Act of (42 U.S.C. 3535(d)). SOURCE: 37 FR 3429, Feb. 16, 1972, unless otherwise noted. Subpart A-Purpose and Definitions § 110.1 Purpose. The regulations set forth in this part contain the procedures established by the Secretary of Housing and Urban Development with respect to the display of a fair housing poster by persons subject to sections 804 through 806 of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3604-3606. [40 FR 20079, May 8, 1975] § 110.5 Definitions. (a) "Department" means the Department of Housing and Urban Development. (b) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, or 806 of Title VIII. (c) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (d) "Family" includes a single individual. (e) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. (f) "Secretary" means the Secretary of Housing and Urban Development. (g) "Fair housing poster" means the poster prescribed by the Secretary for display by persons subject to sections 804-806 of the Civil Rights Act of 1968, as amended. (h) "The Act" means Title VIII of the Civil Rights Act of 1968, as amended. 42 U.S.C. 3601 et seq. (i) "Person in the business of selling or renting dwellings" means a person as defined in section 803(c) of the Act. [37 FR 3429, Feb. 16, 1972, as amended at 40 FR 20079, May 8, 1975] Subpart B-Requirements for Display of Posters § 110.10 Persons subject. (a) Except to the extent that paragraph (b) of this section applies, all persons subject to section 804 of the Act, Discrimination in the Sale or Rental of Housing, shall post and maintain a fair housing poster as follows: (1) With respect to a single-family dwelling (not being offered for sale or rental in conjunction with the sale or rental of other dwellings) offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person shall post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental. (2) With respect to all other dwellings covered by the Act: (i) A fair housing poster shall be posted and maintained at any place of business where the dwelling is offered for sale or rental, and (ii) A fair housing poster shall be posted and maintained at the dwelling, except that with respect to a singlefamily dwelling being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings instead of at each of the individual dwellings. (3) With respect to those dwellings to which paragraph (a)(2) of this section applies, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental. (b) This part shall not require posting and maintaining a fair housing poster: (1) On vacant land, or (2) At any single-family dwelling, unless such dwelling (i) Is being offered for sale or rental in conjunction with the sale or rental of other dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in paragraph (a)(2)(ii) of this section, or (ii) Is being offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in paragraph (a)(1) of this section, (c) All persons subject to section 805 of the Act, Discrimination in the Financing of Housing, shall post and maintain a fair housing poster at all their places of business which participate in the financing of housing. (d) All persons subject to section 806 of the Act, Discrimination in the Provision of Brokerage Services, shall post and maintain a fair housing poster at all their places of business. § 110.15 Location of posters. All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or financial assistance or brokerage services in connection therewith as contemplated by sections 804 through 806 of the Act. § 110.20 Availability of posters. All persons subject to this part may obtain fair housing posters from the Department's regional and area offices. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from the Department. § 110.25 Description of posters. (a) The fair housing poster shall be 11 inches by 14 inches and shall bear the following legend: (b) The Assistant Secretary for Equal Opportunity may grant a waiver permitting the substitution of a poster prescribed by a Federal financial regulatory agency for the fair housing poster described in paragraph (a) of this section. While such waiver remains in effect, compliance with the posting requirements of such regulatory agency shall be deemed compliance with the posting requirements of this part. Such waiver shall not affect the applicability of all other provisions of this part. [37 FR 3429, Feb. 16, 1972, as amended at 40 FR 20079, May 8, 1975] § 110.30 Effect of failure to display poster. Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the Secretary pursuant to Part 105 of this chapter. A failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice. The purpose of the Fair Housing Assistance Program is to provide assistance to State and local agencies charged with the administration of fair housing laws which have been recognized by the Department as substantially equivalent to Title VIII of the Civil Rights Act of 1968. This assistance is designed to encompass support for complaint processing, training, technical assistance, data and information systems, and other fair housing projects. The intent of the program is to build a coordinated intergovernmental enforcement effort to further fair housing and to provide incentives for States and localities to assume a greater share of the responsibility for administering fair housing laws. § 111.102 Program description for type Inon-competitive funding. The non-competitive component of the program supports agencies in all aspects of their housing discrimination This complaint processing efforts. component is divided into the following categories: (a) Capacity building. HUD will provide all first and second year agencies participating in the Fair Housing Assistance Program with a level of funding bearing a reasonable relationship to the number of complaints of housing discrimination filed with HUD during a fixed 12-month period: Provided, however, That any agency participating in its second year of the FHAP which can demonstrate that it would be entitled to a greater level of funding based upon direct reimbursement, may apply pursuant to the provisions of paragraph (b) of this section, in lieu of the provisions of this paragraph. com (b) Contributions. All agencies participating in their third year of the FHAP and beyond will be provided with support for complaint processing based solely on the number of dualfiled housing discrimination plaints actually processed by the agency. A dual-filed complaint is a complaint which has been docketed at both HUD and a substantially equivalent agency. The agency's prior year complaint processing performance will be used in determining the total amount of funding for the agency, in accordance with specific unit reimbursement levels. (c) Training. Funding will be available to support training designed to provide skills and technical knowledge in the administration of fair housing laws and programs. HUD-sponsored training support funds will be available on a non-competitive basis to participating agencies as a fixed percentage of their levels of funding under paragraph (a) or (b) of this section, not to exceed a set maximum. Any agency otherwise eligible to receive funding under paragraph (a) or (b) of this section, but electing not to apply for such funding, may apply for training support funds up to the level to which the agency would have been en titled, had it applied for funding under paragraph (a) or (b) of this section. (d) Complaint monitoring and reporting systems. Any agency participating in either its first or second year of FHAP, and receiving support pursuant to paragraph (a) of this section, will be entitled to additional financial support designed to create, modify or improve an agency's complaint information and monitoring capacity, to result in a system compatible with that of HUD, for internal monitoring of fair housing complaint activity. A fixed funding amount will be available non-competitively on a one-time only basis. [47 FR 8993, Mar. 3, 1982, as amended at 48 FR 24362, June 1, 1983] § 111.103 Program description for type II-competitive funding. (a) Types of projects. Funding will be available to support specialized project proposals developed by State and local agencies to enhance the agencies' fair housing programs. Such proposals may include, but are not limited to: (1) Education and outreach projects designed to provide information to the public about the agency's fair housing programs; (2) Technical assistance projects to enable the agency to work with the real estate industry, private fair housing groups, educational institutions, other government entities and similar constituents; (3) Projects designed to create, modify or improve local, regional, or national data/information systems; and |