42 U.S.C. § 3604 — Discrimination in the sale or rental of

Page 5948 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3603 well as chapter 16 of title 29 of the United States Code [29 U.S.C. 701 et seq.], neither the term ‘individual with handicaps’ nor the term ‘handicap’ shall apply to an in- dividual solely because that individual is a transves- tite.’’ § 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, the prohibitions against discrimination in the sale or rental of housing set forth in section 3604 of this title shall apply: (1) Upon enactment of this subchapter, to— (A) dwellings owned or operated by the Fed- eral Government; (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or con- tributions 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 se- cured by the credit of the Federal Govern- ment, under agreements entered into after No- vember 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Pro- vided, That nothing contained in subpara- graphs (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 pur- chased, 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 prop- erty 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 dwell- ings except as exempted by subsection (b). (b) Exemptions Nothing in section 3604 of this title (other than subsection (c)) shall apply to— (1) any single-family house sold or rented by an owner: Provided, That such private indi- vidual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private indi- vidual owner not residing in such house at the time of such sale or who was not the most re- cent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale with- in any twenty-four month period: Provided fur- ther, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of sell- ing or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, post- ing or mailing, after notice, of any advertise- ment or written notice in violation of section 3604(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or (2) rooms or units in dwellings containing living quarters occupied or intended to be oc- cupied by no more than four families living independently of each other, if the owner actu- ally maintains and occupies one of such living quarters as his residence. (c) Business of selling or renting dwellings de- fined For the purposes of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if— (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in pro- viding sales or rental facilities or sales or rental services in two or more transactions in- volving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (Pub. L. 90–284, title VIII, § 803, Apr. 11, 1968, 82 Stat. 82.) § 3604. Discrimination in the sale or rental of housing and other prohibited practices As made applicable by section 3603 of this title and except as exempted by sections 3603(b) and 3607 of this title, it shall be unlawful— (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavail- able or deny, a dwelling to any person because of race, color, religion, sex, familial status, or na- tional origin. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or na- tional origin. (c) To make, print, or publish, or cause to be made, printed, or published any notice, state- ment, or advertisement, with respect to the sale or rental of a dwelling that indicates any pref- erence, limitation, or discrimination based on race, color, religion, sex, handicap, familial sta- tus, or national origin, or an intention to make any such preference, limitation, or discrimina- tion. (d) To represent to any person because of race, color, religion, sex, handicap, familial status, or Page 5949 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3604 1 So in original. The comma probably should be a semicolon. 2 So in original. The period probably should be a semicolon. national origin that any dwelling is not avail- able for inspection, sale, or rental when such dwelling is in fact so available. (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by rep- resentations regarding the entry or prospective entry into the neighborhood of a person or per- sons of a particular race, color, religion, sex, handicap, familial status, or national origin. (f)(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwell- ing to any buyer or renter because of a handicap of— (A) that buyer or renter,1 (B) a person residing in or intending to re- side in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, be- cause of a handicap of— (A) that person; or (B) a person residing in or intending to re- side in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that person. (3) For purposes of this subsection, discrimina- tion includes— (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reason- able to do so condition permission for a modi- fication on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.2 (B) a refusal to make reasonable accom- modations in rules, policies, practices, or serv- ices, when such accommodations may be nec- essary to afford such person equal opportunity to use and enjoy a dwelling; or (C) in connection with the design and con- struction of covered multifamily dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that— (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow pas- sage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental con- trols in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can ma- neuver about the space. (4) Compliance with the appropriate require- ments of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as ‘‘ANSI A117.1’’) suffices to satisfy the requirements of paragraph (3)(C)(iii). (5)(A) If a State or unit of general local gov- ernment has incorporated into its laws the re- quirements set forth in paragraph (3)(C), compli- ance with such laws shall be deemed to satisfy the requirements of that paragraph. (B) A State or unit of general local govern- ment may review and approve newly con- structed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met. (C) The Secretary shall encourage, but may not require, States and units of local govern- ment to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of para- graph (3)(C). (D) Nothing in this subchapter shall be con- strued to require the Secretary to review or ap- prove the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C). (6)(A) Nothing in paragraph (5) shall be con- strued to affect the authority and responsibility of the Secretary or a State or local public agen- cy certified pursuant to section 3610(f)(3) of this title to receive and process complaints or other- wise engage in enforcement activities under this subchapter. (B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforce- ment proceedings under this subchapter. (7) As used in this subsection, the term ‘‘cov- ered multifamily dwellings’’ means— (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and (B) ground floor units in other buildings con- sisting of 4 or more units. (8) Nothing in this subchapter shall be con- strued to invalidate or limit any law of a State or political subdivision of a State, or other ju- risdiction in which this subchapter shall be ef- fective, that requires dwellings to be designed and constructed in a manner that affords handi- capped persons greater access than is required by this subchapter. (9) Nothing in this subsection requires that a dwelling be made available to an individual 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 in residential real estate- related transactions (a) In general It shall be unlawful for any person or other en- tity whose business includes engaging in resi- dential real estate-related transactions to dis- criminate against any person in making avail- able such a transaction, or in the terms or con- ditions 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, improv- ing, 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 fac- tors other than race, color, religion, national or- igin, sex, handicap, or familial status. (Pub. L. 90–284, title VIII, § 805, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93–383, title VIII, § 808(b)(2), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, § 6(c), Sept. 13, 1988, 102 Stat. 1622.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–430 amended section generally. Prior to amendment, section read as follows: ‘‘After Decem- ber 31, 1968, it shall be unlawful for any bank, building and loan association, insurance company or other cor- poration, association, firm or enterprise whose business consists in whole or in part in the making of commer- cial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other finan- cial assistance, because of the race, color, religion, sex, or national origin of such person or of any person asso- ciated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospec- tive owners, lessees, tenants, or occupants of the dwell- ing or dwellings in relation to which such loan or other financial assistance is to be made or given: Provided, That nothing contained in this section shall impair the scope or effectiveness of the exception contained in sec- tion 3603(b) of this title.’’ 1974—Pub. L. 93–383 inserted ‘‘, sex’’ after ‘‘religion’’. 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. § 3606. Discrimination in the provision of broker- age services After December 31, 1968, it shall be unlawful to deny any person access to or membership or par- ticipation in any multiple-listing service, real estate brokers’ organization or other service, or- ganization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on ac- count of race, color, religion, sex, handicap, fa- milial status, or national origin. (Pub. L. 90–284, title VIII, § 806, Apr. 11, 1968, 82 Stat. 84; Pub. L. 93–383, title VIII, § 808(b)(3), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, § 6(b)(1), Sept. 13, 1988, 102 Stat. 1622.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–430 inserted ‘‘handicap, familial sta- tus,’’ after ‘‘sex,’’. 1974—Pub. L. 93–383 inserted ‘‘, sex’’ after ‘‘religion’’. 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. § 3607. Religious organization or private club ex- emption (a) Nothing in this subchapter shall prohibit a religious organization, association, or society,