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 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,