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

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