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42 U.S.C. § 3605 — Discrimination in residential real estate-related transactions

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

42 U.S.C. § 3605 — Discrimination in residential real estate-related transactions

**(a) In general** It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. **(b) “Residential real estate-related transaction” defined** As used in this section, the term “residential real estate-related transaction” means any of the following: (1) The making or purchasing of loans or providing other financial assistance— (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. **(c) Appraisal exemption** Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

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Source file: Laws/federal/codes/united-states-code/title-42/section-3605-discrimination-in-residential-real-estate-related-transactions--001087ebc4.md
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Source location: Title 42, Chapter 45, § 3605; chapter-045-fair-housing.md

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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

15 U.S.C. § 1691e — Civil liability

**(a) Individual or class action for actual damages** Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class. **(b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award** Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional. **(c) Action for equitable and declaratory relief** Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter. **(d) Recovery of costs and attorney fees** In the case of any successful action un

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

42 U.S.C. § 3605 — Discrimination in residential real estate-

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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