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Ofc. of Asst. Secy., Comm . Planning, Develop ., HUD § 583. 325 § 583 . 320 Site control , of disabled homeless persons, recipients serving (a ) Site control . ( 1 ) Where grant funds will a designated population of disabled homeless be used for acquisition, rehabilitation, or new persons are required, within the designated construction to provide supportive housing or population, to comply with these requirements supportive services, or where grant funds will be for nondiscrimination on the basis of race, color, used for operating costs of supportive housing, religion, sex, national origin , age, familial status, or where grant funds will be used to provide and disability, supportive services except where an applicant ( b) Nondiscrimination and equal will provide services at sites not operated by opportunity requirements. The the applicant, an applicant must demonstrate nondiscrimination and equal opportunity site control before HUD will execute a grant requirements set forth at part 5 of this title agreement ( e . g . , through a deed, lease, apply to this program . The Indian Civil Rights executed contract of sale) . If such site control is Act ( 25 U . S. C. 1301 et seq . ) applies to tribes not demonstrated within one year after initial when they exercise their powers of notification of the award of assistance under self-government, and to Indian housing this part, the grant will be deobligated as authorities ( IHAs) when established by the provided in paragraph ( c) of this section , exercise of such powers . When an IHA is ( 2 ) Where grant funds will be used to lease established under State law, the applicability of all or part of a structure to provide supportive the Indian Civil Rights Act will be determined on housing or supportive services, or where grant a case- by-case basis . Projects subject to the funds will be used to lease individual housing Indian Civil Rights Act must be developed and units for homeless persons who will eventually operated in compliance with its provisions and control the units, site control need not be all implementing HUD requirements, instead of demonstrated . title VI and the Fair Housing Act and their ( b) Site change . ( 1 ) A recipient may obtain implementing regulations . ownership or control of a suitable site different (c) Procedures . ( 1 ) If the procedures that from the one specified in its application . the recipient intends to use to make known the Retention of an assistance award is subject to availability of the supportive housing are the new site's meeting all requirements under unlikely to reach persons of any particular race, this part for suitable sites . color, religion, sex, age, national origin, familial ( 2) If the acquisition , rehabilitation, status, or handicap who may qualify for acquisition and rehabilitation, or new admission to the housing, the recipient must construction costs for the substitute site are establish additional procedures that will ensure greater than the amount of the grant awarded that such persons can obtain information for the site specified in the application, the concerning availability of the housing . recipient must provide for all additional costs . If ( 2) The recipient must adopt procedures to the recipient is unable to demonstrate to HUD make available information on the existence and that it is able to provide for the difference in locations of facilities and services that are costs, HUD may deobligate the award of accessible to persons with a handicap and assistance. maintain evidence of implementation of the (c) Failure to obtain site control within one procedures . year. HUD will recapture or deobligate any (d ) Accessibility requirements. The award for assistance under this part if the recipient must comply with the new construction recipient is not in control of a suitable site accessibility requirements of the Fair Housing before the expiration of one year after initial Act and section 504 of the Rehabilitation Act of notification of an award . 1973, and the reasonable accommodation and rehabilitation accessibility requirements of § 583 .325 Nondiscrimination and equal section 504 as follows : opportunity requirements. ( 1 ) All new construction must meet the (a) General . Notwithstanding the permissibility accessibility requirements of 24 of proposals that serve designated populations www. hud . gov espunol . hud . gov Page IH