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(2) Where grant funds will be used to lease all or part of a structure to provide supportive <br /> housing or supportive services, or where grant funds will be used to lease individual housing units <br /> for homeless persons who will eventually control the units, site control need not be demonstrated. <br /> (b) Site change. ( 1 ) A recipient may obtain ownership or control of a suitable site <br /> different from the one specified in its application. Retention of an assistance award is subject to <br /> the new site' s meeting all requirements under this part for suitable sites. <br /> (2) If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction <br /> costs for the substitute site are greater than the amount of the grant awarded for the site specified <br /> in the application, the recipient must provide for all additional costs . If the recipient is unable to <br /> demonstrate to HUD that it is able to provide for the difference in casts, HUD may deobligate the <br /> award of assistance. <br /> (c) Failure to obtain site control within one year. HUD will recapture or deobligate any <br /> award for assistance under this part if the recipient is not in control of a suitable site before the <br /> expiration of one year after initial notification of an award. <br /> § 583.325 Nondiscrimination and equal opportunity requirements. <br /> (a) General. Notwithstanding the permissibility of proposals that serve designated <br /> populations of disabled homeless persons, recipients serving a designated population of disabled <br /> homeless persons are required, within the designated population, to comply with these <br /> requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, <br /> familial status, and disability. <br /> (b) Nondiscrimination and equal opportunity requirements. The nondiscrimination and <br /> equal opportunity requirements set forth at part 5 of this title apply to this program . The Indian <br /> Civil Rights Act (25 U .S .C. 1301 et seq.) applies to tribes when they exercise their powers of <br /> self-government, and to Indian housing authorities (IRAs) when established by the exercise of <br /> such powers. When an IHA is established under State law, the applicability of the Indian Civil <br /> Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights <br /> Act must be developed and operated in compliance with its provisions and all implementing HUD <br /> requirements, instead of title VI and the Fair Housing Act and their implementing regulations. <br /> (c) Procedures. ( 1 ) If the procedures that the recipient intends to use to make known the <br /> availability of the supportive housing are unlikely to reach persons of any particular race, color, <br /> religion, sex, age, national origin, familial status, or handicap who may qualify for admission to <br /> the housing, the recipient must establish additional procedures that will ensure that such persons <br /> can obtain information concerning availability of the housing. <br /> (2) The recipient must adopt procedures to make available information on the existence <br /> and locations of facilities and services that are accessible to persons with a handicap and maintain <br /> evidence of implementation of the procedures. <br /> (d) Accessibility requirements. The recipient must comply with the new construction <br /> accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of <br /> 1973 , and the reasonable accommodation and rehabilitation accessibility requirements of section <br /> 504 as follows: <br /> ( 1 ) All new construction must meet the accessibility requirements of 24 CFR 8 .22 and, as <br /> applicable, 24 CFR 100 .205 . <br /> (2) Projects in which costs of rehabilitation are 75 percent or more of the replacement <br /> cost of the building must meet the requirements of 24 CFR 8.23 (a). Other rehabilitation must <br /> meet the requirements of 24 CFR 8 .23 (b). <br /> [58 FR 13871 , Mar. 15, 1993 , as amended at 59 FR 33894, June 30, 1994; 61 FR 5210, Feb. 9, <br /> 1996; 61 FR 51176, Sept. 30, 1996] <br />