DATE:
11-20-62
24 -- Housing and Urban Development
Equal opportunity in housing
WHEREAS the granting of Federal assistance for the provision, rehabilitation,
or operation of housing and related facilities from which Americans
are excluded because of their race, color, creed, or national origin
is unfair, unjust, and inconsistent with the public policy of the
United States as manifested in its Constitution and laws; and
WHEREAS the Congress in the Housing Act of 1949 has declared that
the general welfare and security of the Nation and the health and
living standards of its people require the realization as soon as
feasible of the goal of a decent home and a suitable living environment
for every American family; and
WHEREAS discriminatory policies and practices based upon race, color,
creed, or national origin now operate to deny many Americans the
benefits of housing financed through Federal assistance and as a
consequence prevent such assistance from providing them with an
alternative to substandard, unsafe, unsanitary, and overcrowded
housing; and
WHEREAS such discriminatory policies and practices result in segregated
patterns of housing and necessarily produce other forms of discrimination
and segregation which deprive many Americans of equal opportunity
in the exercise of their unalienable rights to life, liberty, and
the pursuit of happiness; and
WHEREAS the executive branch of the Government, in faithfully executing
the laws of the United States which authorize Federal financial
assistance, directly or indirectly, for the provision, rehabilitation,
and operation of housing and related facilities, is charged with
an obligation and duty to assure that those laws are fairly administered
and that benefits thereunder are made available to all Americans
without regard to their race, color, creed, or national origin:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and laws of the United
States, it is ordered as follows:
Part I -- Prevention of Discrimination
Section 101. I hereby direct all departments and agencies in the
executive branch of the Federal Government, insofar as their functions
relate to the provision, rehabilitation, or operation of housing
and related facilities, to take all action necessary and appropriate
to prevent discrimination because of race, color, creed, or national
origin -- \1\
(FOOTNOTE)
(FOOTNOTE) \1\ Editorial note: Executive Order 12259 of Dec. 31,
1980, 46 FR 1253, 3 CFR, 1980 Comp., p. 307, revises section 101
to apply to discrimination because of race, color, religion (creed),
sex, or national origin.
(a) in the sale, leasing, rental, or other disposition of residential
property and related facilities (including land to be developed
for residential use), or in the use or occupancy thereof, if such
property and related facilities are --
(i) owned or operated by the Federal Government, or
(ii) provided in whole or in part with the aid of loans, advances,
grants, or contributions hereafter agreed to be made by the Federal
Government, or
(iii) provided in whole or in part by loans hereafter insured, guaranteed,
or otherwise secured by the credit of the Federal Government, or
(iv) provided by the development or the redevelopment of real property
purchased,
leased, or otherwise obtained from a State or local public agency
receiving Federal
financial assistance for slum clearance or urban renewal with respect
to such real
property under a loan or grant contract hereafter entered into;
and
(b) in the lending practices with respect to residential property
and related facilities (including land to be developed for residential
use) of lending institutions, insofar as such practices relate to
loans hereafter insured or guaranteed by the Federal Government.
Sec. 102. I hereby direct the Department of Housing and Urban Development
and all other executive departments and agencies to use their good
offices and to take other appropriate action permitted by law, including
the institution of appropriate litigation, if required, to promote
the abandonment of discriminatory practices with respect to residential
property and related facilities heretofore provided with Federal
financial assistance of the types referred to in Section 101(a)(ii),
(iii), and (iv).
[Sec. 102 amended by EO 12259 of Dec. 31, 1980, 46 FR 1253, 3 CFR,
1980 Comp., p. 307]
Part II -- Implementation by Departments and Agencies
Sec. 201. Each executive department and agency subject to this order
is directed to submit to the President's Committee on Equal Opportunity
in Housing established
pursuant to Part IV of this order (hereinafter sometimes referred
to as the Committee), within thirty days from the date of this order,
a report outlining all current programs administered by it which
are affected by this order.
Sec. 202. Each such department and agency shall be primarily responsible
for obtaining compliance with the purposes of this order as the
order applies to programs administered by it; and is directed to
cooperate with the Committee, to furnish it, in accordance with
law, such information and assistance as it may request in the performance
of its functions, and to report to it at such intervals as the Committee
may require.
Sec. 203. Each such department and agency shall, within thirty days
from the date of this order, issue such rules and regulations, adopt
such procedures and policies, and make such exemptions and exceptions
as may be consistent with law and necessary or appropriate to effectuate
the purposes of this order. Each such department and agency shall
consult with the Committee in order to achieve such consistency
and uniformity as may be feasible.
Part III -- Enforcement
Sec. 301. The Committee, any subcommittee thereof, and any officer
or employee
designated by any executive department or agency subject to this
order may hold such hearings, public or private, as the Committee,
department, or agency may deem advisable for compliance, enforcement,
or educational purposes.
Sec. 302. If any executive department or agency subject to this
order concludes that any person or firm (including but not limited
to any individual, partnership, association, trust, or corporation)
or any State or local public agency has violated any rule, regulation,
or procedure issued or adopted pursuant to this order, or any
non-discrimination provision included in any agreement or contract
pursuant to any such rule, regulation, or procedure, it shall endeavor
to end and remedy such violation by informal means, including conference,
conciliation, and persuasion unless similar efforts made by another
Federal department or agency have been unsuccessful. In conformity
with rules, regulations, procedures, or policies issued or adopted
by it pursuant to Section 203 hereof, a department or agency may
take such action as may be appropriate under its governing laws,
including, but not limited to, the following:
It may --
(a) cancel or terminate in whole or in part any agreement or contract
with such person, firm, or State or local public agency providing
for a loan, grant, contribution, or other Federal aid, or for the
payment of a commission or fee;
(b) refrain from extending any further aid under any program administered
by it and
affected by this order until it is satisfied that the affected person,
firm, or State or local public agency will comply with the rules,
regulations, and procedures issued or adopted pursuant to this order,
and any nondiscrimination provisions included in any agreement or
contract;
(c) refuse to approve a lending institution or any other lender
as a beneficiary under any program administered by it which is affected
by this order or revoke such approval if previously given.
Sec. 303. In appropriate cases executive departments and agencies
shall refer to the Attorney General violations of any rules, regulations,
or procedures issued or adopted pursuant to this order, or violations
of any nondiscrimination provisions included in any agreement or
contract, for such civil or criminal action as he may deem appropriate.
The Attorney General is authorized to furnish legal advice concerning
this order to the Committee and to any department or agency requesting
such advice.
Sec. 304. Any executive department or agency affected by this order
may also invoke the sanctions provided in Section 302 where any
person or firm, including a lender, has violated the rules, regulations,
or procedures issued or adopted pursuant to this order, or the nondiscrimination
provisions included in any agreement or contract, with respect to
any program affected by this order administered by any other executive
department or agency.
Part IV -- Establishment of the President's Committee on Equal Opportunity
in Housing [Part
IV revoked by EO 12259 of Dec. 31, 1980, 46 FR 1253, 3 CFR, 1980
Comp., p. 307]
Part V -- Powers and Duties of the President's Committee on Equal
Opportunity in
Housing Sec.
501. [Revoked]
[Sec. 501 revoked by EO 12259 of Dec. 31, 1980, 46 FR 1253, 3 CFR,
1980 Comp., p. 307]
Sec. 502. (a) The Committee shall take such steps as it deems necessary
and
appropriate to promote the coordination of the activities of departments
and agencies under this order. In so doing, the Committee shall
consider the overall objectives of Federal legislation relating
to housing and the right of every individual to participate without
discrimination because of race, color, creed, or national origin
in the ultimate benefits of the Federal programs subject to this
order. \1\ (FOOTNOTE)
(FOOTNOTE) \1\ Editorial note: Executive Order 12259 of Dec. 31,
1980, 46 FR 1253, 3 CFR, 1980 Comp., p. 307, revises section 502
to apply to discrimination because of race, color, religion (creed),
sex, or national origin.
(b) The Committee may confer with representatives of any department
or agency, State or local public agency, civic, industry, or labor
group, or any other group directly or indirectly affected by this
order; examine the relevant rules, regulations, procedures, policies,
and practices of any department or agency subject to this order
and make such recommendations as may be necessary or desirable to
achieve the purposes of this order.
(c) The Committee shall encourage educational programs by civic,
educational, religious, industry, labor, and other nongovernmental
groups to eliminate the basic causes of discrimination in housing
and related facilities provided with Federal assistance.
Sec. 503. [Revoked]
[Sec. 503 revoked by EO 12259 of Dec. 31, 1980, 46 FR 1253, 3 CFR,
1980 Comp., p. 307]
Part VI -- Miscellaneous
Sec. 601. As used in this order, the term ``departments and agencies''
includes any wholly-owned or mixed-ownership Government corporation,
and the term ``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and the territories of the United States.
Sec. 602. This order shall become effective immediately.
The provisions of Executive Order 11063 of Nov. 20, 1962, appear
at 27 FR 11527, 3 CFR, 1959 - 1963 Comp., p. 652, unless otherwise
noted.
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