US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC3602]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3602. Definitions

    As used in this subchapter--
    (a) ``Secretary'' means the Secretary of Housing and Urban 
Development.
    (b) ``Dwelling'' means any building, structure, or portion thereof 
which is occupied as, or designed or intended for occupancy as, a 
residence by one or more families, and any vacant land which is offered 
for sale or lease for the construction or location thereon of any such 
building, structure, or portion thereof.
    (c) ``Family'' includes a single individual.
    (d) ``Person'' includes one or more individuals, corporations, 
partnerships, associations, labor organizations, legal representatives, 
mutual companies, joint-stock companies, trusts, unincorporated 
organizations, trustees, trustees in cases under title 11, receivers, 
and fiduciaries.
    (e) ``To rent'' includes to lease, to sublease, to let and otherwise 
to grant for a consideration the right to occupy premises not owned by 
the occupant.
    (f) ``Discriminatory housing practice'' means an act that is 
unlawful under section 3604, 3605, 3606, or 3617 of this title.
    (g) ``State'' means any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any of the territories and 
possessions of the United States.
    (h) ``Handicap'' means, with respect to a person--
        (1) a physical or mental impairment which substantially limits 
    one or more of such person's major life activities,
        (2) a record of having such an impairment, or
        (3) being regarded as having such an impairment,

but such term does not include current, illegal use of or addiction to a 
controlled substance (as defined in section 802 of title 21).
    (i) ``Aggrieved person'' includes any person who--
        (1) claims to have been injured by a discriminatory housing 
    practice; or
        (2) believes that such person will be injured by a 
    discriminatory housing practice that is about to occur.

    (j) ``Complainant'' means the person (including the Secretary) who 
files a complaint under section 3610 of this title.
    (k) ``Familial status'' means one or more individuals (who have not 
attained the age of 18 years) being domiciled with--
        (1) a parent or another person having legal custody of such 
    individual or individuals; or
        (2) the designee of such parent or other person having such 
    custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial 
status shall apply to any person who is pregnant or is in the process of 
securing legal custody of any individual who has not attained the age of 
18 years.
    (l) ``Conciliation'' means the attempted resolution of issues raised 
by a complaint, or by the investigation of such complaint, through 
informal negotiations involving the aggrieved person, the respondent, 
and the Secretary.
    (m) ``Conciliation agreement'' means a written agreement setting 
forth the resolution of the issues in conciliation.
    (n) ``Respondent'' means--
        (1) the person or other entity accused in a complaint of an 
    unfair housing practice; and
        (2) any other person or entity identified in the course of 
    investigation and notified as required with respect to respondents 
    so identified under section 3610(a) of this title.

    (o) ``Prevailing party'' has the same meaning as such term has in 
section 1988 of this title.

(Pub. L. 90-284, title VIII, Sec. 802, Apr. 11, 1968, 82 Stat. 81; Pub. 
L. 95-598, title III, Sec. 331, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 
100-430, Sec. 5, Sept. 13, 1988, 102 Stat. 1619.)


                               Amendments

    1988--Subsec. (f). Pub. L. 100-430, Sec. 5(a), substituted ``3606, 
or 3617'' for ``or 3606''.
    Subsecs. (h) to (o). Pub. L. 100-430, Sec. 5(b), added subsecs. (h) 
to (o).
    1978--Subsec. (d). Pub. L. 95-598 substituted ``trustees in cases 
under title 11'' for ``trustees in bankruptcy''.


                    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.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding 
section 101 of Title 11, Bankruptcy.


                              Transvestism

    Section 6(b)(3) of Pub. L. 100-430 provided that: ``For the purposes 
of this Act [see Short Title of 1988 Amendment note set out under 
section 3601 of this title] as well