The purpose of this part is to enable the Secretary to carry out his responsibilities under the provisions of Executive Order 11063, dated November 20, 1962, Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, as amended, prohibiting discrimination and providing for fair housing and directing the Secretary to administer Housing and Urban Development programs and activities in a manner affirmatively to further these policies.

(E.O. 11063, 27 FR 11527; sec. 602, 72 Stat. 252; 42 U.S.C. 2000d-1; sec. 808, 82 Stat. 84; 42 U.S.C. 3608; sec. 2, 48 Stat. 1246; 12 U.S.C. 1703; sec. 7(d), 79 Stat. 670; 42 U.S.C. 3535(d))

[40 FR 20079, May 8, 1975]

§ 100.2 Minority-group and sex identification.

Participants in Housing and Urban Development programs shall furnish such information as the Secretary may require concerning minoritygroup and sex identification to assist the Secretary in carrying out his responsibility for administering the national policies prohibiting discrimination and providing for fair housing.

(E.O. 11063, 27 FR 11527; sec. 602, 72 Stat. 252; 42 U.S.C. 2000d-1; sec. 808, 82 Stat. 84; 42 U.S.C. 3608; sec. 2, 48 Stat. 1246; 12 U.S.C. 1703; sec. 7(d), 79 Stat. 670; 42 U.S.C. 3535(d))

[40 FR 20079, May 8, 1975]

Subpart B-Procedures for Enforcement of Complaints Against Discriminatory Housing Practices

Sec.

105.11 Submission of information.

105.12 Complaints to be filed by persons

aggrieved.

105.13 Where to file complaints. 105.14 Contents of complaint.

105.15 Form of complaint; amendments. 105.16 Date of filing of complaint; when notice issues.

105.17 Service of complaint; filing of an

the Civil Rights Act of 1968, as amended, 42 U.S.C. 3610.

(b) Where a person charged with a discriminatory housing practice in a complaint filed under section 810 of title VIII is also prohibited from engaging in similar practices under title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-5, or Executive Order 11063 of November 20, 1962, on Equal Opportunity in Housing (27 FR 11527-30, November 24, 1962) or other applicable law, such person may also be subject to action by the Department of Housing and Urban Development or other Federal agency under the rules, regulations, and procedures prescribed from time to time pursuant to title VI or Executive Order 11063 or other applicable law.

[36 FR 24458, Dec. 22, 1971, as amended at 40 FR 20079, May 8, 1975]

§ 105.2

Definitions.

As used in this part,

(a) "Assistant Secretary" means the Assistant Secretary for Equal Opportunity in the Department of Housing and Urban Development.

(b) "Department" means Department of Housing and Urban Development.

(c) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, or 806 of title VIII.

(d) "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, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(e) "Family" includes a single individual.

(f) "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.

(g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any

of the territories and possessions of the United States.

(h) "Title VIII" means Title VIII of the Civil Rights Act of 1968, as amended, Pub. L. 90-284, 42 U.S.C. 3601-3619.

(i) "To rent" includes to lease, to sublease, to let, and otherwise to grant for consideration the right to occupy premises not owned by the occupant.

[36 FR 24458, Dec. 22, 1971, as amended at 40 FR 20079, May 8, 1975]

Subpart B-Procedures for Enforcement of Complaints Against Discriminatory Housing Practices

§ 105.11 Submission of information.

The Assistant Secretary will receive information concerning alleged violations of title VIII from any person. Where the information constitutes a complaint within the meaning of title VIII and this part, it shall be so recorded under § 105.16. Where additional information is required for purposes of perfecting a complaint under title VIII, the Department will promptly advise what additional information is needed and will provide appropriate assistance in the filing of such complaint. At the same time, if the information disclosed so warrants, appropriate enforcement procedures may be initiated by the Department under E.O. 11063 on Equal Opportunity in Housing or title VI of the Civil Rights Act of 1964, and the information may also be referred to any other Federal, State, or local agency having an interest in the matter.

§ 105.12 Complaints to be filed by persons aggrieved.

Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (in this part called "person aggrieved") may file a complaint no later than 180 days after the alledged discriminatory housing practice occurred. Such complaint may be filed with the assistance of an authorized representative of the person aggrieved, including any organization acting on behalf of the person aggrieved.