PARTICIPATION IN HUD PROGRAMS BY FAITH-BASED ORGANIZATIONS; PROVIDING
FOR EQUAL TREATMENT OF ALL HUD PROGRAM PARTICIPANTS;
FINAL RULE EFFECTIVE OCTOBER 30, 2003
(1) Organizations that are religious or faith-based are eligible, on the same basis as any other
organization, to participate in the Community Development Block Grant (CDBG) program.
Neither the Federal government nor a State or local government receiving funds under CDBG
programs shall discriminate against an organization on the basis of the organization’s religious
character or affiliation.
(2) Organizations that are directly funded under the CDBG program may not engage in inherently
religious activities, such as worship, religious instruction, or proselytizating, as part of the
programs or services funded under this part. If an organization conducts such activities, the
activities must be offered separately, in time or location, from the programs or services funded
under this part, and participation must be voluntary for the beneficiaries of the HUD-funded
programs or services.
(3) A religious organization that participates in the CDBG program will retain its independence from
Federal, State, and local governments, and may continue to carry out its mission, including the
definition, practice, and expression of its religious beliefs, provided that it does not use direct
CDBG funds to support any inherently religious activities, such as worship, religious instruction,
or proselytizating. Among other things, faith-based organizations may use space in their facilities
to provide CDBG-funded services without removing religious art, icons, scriptures, or other
religious symbols. In addition, a CDBG-funded religious organization retains its authority over
its internal governance, and may retain religious terms in its organization’s name, select its board
members on a religious basis, and include religious references in its organization’s mission
statements and other governing documents.
(4) An organization that participates in the CDBG program shall not, in providing program
assistance, discriminate against a program beneficiary or prospective program beneficiary on the
basis of religion or religious belief.
(5) Community Development (CD) grants may not be used for the acquisition, construction, or
rehabilitation of structures to the extent that those structures are used for inherently religious
activities. CD grants may be used for the construction or rehabilitation of structures only to the
extent that those structures are used for conducting eligible activities under this part. Where a
structure is used for both eligible and inherently religious activities, CD grants may not exceed the
cost of those portions of the construction or rehabilitation that are attributable to eligible activities
in accordance with the cost accounting requirements applicable to CD grants in this part.
Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its
principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition
of real property after the term of the grant, or any change in use of the property during the term of
the grant, is subject to government-wide regulations governing real property disposition.
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