Section 109 of the Housing and Community Development (HCD) Act of 1974

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Summary:
Section 109 of the HCD Act of 1974, Title I, prohibits discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities.

Purpose:
In addition to its responsibility for enforcing other Federal statutes prohibiting discrimination in housing, HUD has a statutory obligation under Section 109 to ensure that individuals are not subjected to discrimination on the basis of race, color, national origin, disability, age, religion, or sex by recipients of CDBG funds. Section 109 charges HUD with enforcing the right of individuals to live in CDBG-funded housing free from such discrimination. However, this additional statutory authority only applies to CDBG and allied programs, such as Section 108 loan guarantees and the Historically Black Colleges and Universities program.

Type of Assistance:
Section 109 provides for HUD’s investigation and remediation of housing discrimination complaints.

Eligible Customers:
Any person who feels himself or herself a victim of housing discrimination on the basis of race, color, national origin, disability, religion, or sex in a CDBG-funded project may file a complaint with HUD under Section 109. During fiscal year (FY) 1995, HUD received 38 complaints under Section 109. In FY 1996, 103 complaints were received.

Eligible Activities:
Section 109 investigates complaints of discrimination on the basis of race, color, national origin, disability, religion, and sex.

Application:
Individuals may send complaints to one of HUD’s regional Fair Housing Enforcement Centers or Program Operations and Compliance Centers or to HUD’s Office of Fair Housing and Equal Opportunity.

Technical Guidance:
Section 109 activities are authorized under Title I of the HCD Act of 1974, as amended. These activities are administered by HUD’s Office of Fair Housing and Equal Opportunity. Contact Betsy Ryan at (202) 708-0404.

For More Information:

Government resources:
-- The Fair Housing Information Clearinghouse, at 1-800-343-3442 or 1-800-290-1617 (TTY), supplies national and local information and links to fair housing resources inside and outside of Government.
-- HUD Fair Housing Webpage provides information about the programs of the Office of Fair Housing and Equal Opportunity.

Other resources:
-- The John Marshall Law School’s Fair Housing Legal Support Center provides public education on fair housing laws and legal assistance to public and private organizations combating housing discrimination.