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42 U.S.C. § 3607 — Religious organization or private club exemption

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3607 — Religious organization or private club exemption

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Stable record: federal_law:legal_authorities:record_usc_64281271771e74963e9cf987
Source file: Laws/federal/codes/united-states-code/title-42/section-3607-religious-organization-or-private-club-exemption--73d12db657.md
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Source location: Title 42, Chapter 45, § 3607; chapter-045-fair-housing.md

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**(a)** Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. **(b)** (1) Nothing in this subchapter limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons. (2) As used in this section, “housing for older persons” means housing— (A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or (B) intended for, and solely occupied by, persons 62 years of age or older; or (C) intended and operated for occupancy by persons 55 years of age or older, and— (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and (iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall— (I) provide for verification by reliable surveys and affidavits; and (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (A) persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections 11 So in original. Probably should be “paragraph”. (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of subsections 1 (2)(B) or (C); or (B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections 1 (2)(B) or (C). (4) Nothing in this subchapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in [section 802 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim). (5) (A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons. (B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that— (i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

As used in this subchapter: (1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. (4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice. (5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise. (6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. (7) The term “counterfeit substance” means a controlled substance which, or the container or labelin

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3601 — Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3603 — Effective dates of certain prohibitions

**(a) Application to certain described dwellings** Subject to the provisions of subsection (b) and [section 3607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3607&num=0&edition=prelim), the prohibitions against discrimination in the sale or rental of housing set forth in [section 3604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604&num=0&edition=prelim) shall apply: (1) Upon enactment of this subchapter, to— (A) dwellings owned or operated by the Federal Government; (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968; (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and (D) dwellings provided by the development or the redevelopment of real property purchased, rented, 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 loan or grant contracts entered into after November 20, 1962. (2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b). **(b) E

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3607 — Religious organization or private club ex-

Page 5950 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3605 whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial phys- ical damage to the property of others. (Pub. L. 90–284, title VIII, § 804, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93–383, title VIII, § 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, §§ 6(a)–(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 1622, 1623, 1636.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–430, § 6(e), inserted ‘‘and other pro- hibited practices’’ in section catchline. Subsecs. (a), (b). Pub. L. 100–430, § 6(b)(2), inserted ‘‘fa- milial status,’’ after ‘‘sex,’’. Subsecs. (c) to (e). Pub. L. 100–430, § 6(b)(1), inserted ‘‘handicap, familial status,’’ after ‘‘sex,’’. Subsec. (f). Pub. L. 100–430, § 6(a), added subsec. (f). Subsec. (f)(3)(A). Pub. L. 100–430, § 15, which directed the substitution of ‘‘except that, in the case of a rental, the landlord may where it is reasonable to do so condi- tion permission for a modification on the renter agree- ing to restore the interior of the premises to the condi- tion that existed before the modification, reasonable wear and tear excepted.’’ for the period at the end of subpar. (A) was executed by making the substitution for a semicolon as the probable intent of Congress be- cause subpar. (A) ended with a semicolon, not a period. 1974—Pub. L. 93–383 inserted ‘‘, sex’’ after ‘‘religion’’ wherever appearing in cls. (a) to (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title. § 3605. Discrimination

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