US Laws, Codes, Statutes & Cases

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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: 42USC3604]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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 
unavailable or deny, a dwelling to any person because of race, color, 
religion, sex, familial status, or national 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 national origin.
    (c) To make, print, or publish, or cause to be made, printed, or 
published any notice, statement, or advertisement, with respect to the 
sale or rental of a dwelling that indicates any preference, limitation, 
or discrimination based on race, color, religion, sex, handicap, 
familial status, or national origin, or an intention to make any such 
preference, limitation, or discrimination.
    (d) To represent to any person because of race, color, religion, 
sex, handicap, familial status, or national origin that any dwelling is 
not available 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 representations regarding the entry or prospective 
entry into the neighborhood of a person or persons 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 dwelling to any buyer or renter because of a 
handicap of--
        (A) that buyer or renter,\1\
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    \1\ So in original. The comma probably should be a semicolon.
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        (B) a person residing in or intending to reside 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, because of a 
handicap of--
        (A) that person; or
        (B) a person residing in or intending to reside 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, discrimination 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 reasonable to do 
    so condition permission for a modification 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\
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    \2\ So in original. The period probably should be a semicolon.
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        (B) a refusal to make reasonable accommodations in rules, 
    policies, practices, or services, when such accommodations may be 
    necessary to afford such person equal opportunity to use and enjoy a 
    dwelling; or
        (C) in connection with the design and construction 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 passage 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 controls 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 maneuver about the space.

    (4) Compliance with the appropriate requirements 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 government has 
incorporated into its laws the requirements set forth in paragraph 
(3)(C), compliance with such laws shall be deemed to satisfy the 
requirements of that paragraph.
    (B) A State or unit of general local government may review and 
approve newly constructed 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 government 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 paragraph (3)(C).
    (D) Nothing in this subchapter shall be construed to require the 
Secretary to review or approve 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 construed to affect the 
authority and responsibility of the Secretary or a State or local public 
agency certified pursuant to section 3610(f)(3) of this title to receive 
and process complaints or otherwise 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 enforcement 
proceedings under this subchapter.
    (7) As used in this subsection, the term ``covered 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 consisting of 4 or 
    more units.

    (8) Nothing in this subchapter shall be construed to invalidate or 
limit any law of a State or political subdivision of a State, or other 
jurisdiction in which this subchapter shall be effective, that requires 
dwellings to be designed and constructed in a manner that affords 
handicapped persons greater access than is required by this subchapter.
    (9) Nothing in this subsection requires that a dwelling be made 
available to an individual whose tenancy would constitute a direct 
threat to the health or safety of other individuals or whose tenancy 
would result in substantial physical damage to the property of others.

(Pub. L. 90-284, title VIII, Sec. 804, Apr. 11, 1968, 82 Stat. 83; Pub. 
L. 93-383, title VIII, Sec. 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. 
L. 100-430, Secs. 6(a)-(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 
1622, 1623, 1636.)


                               Amendments

    1988--Pub. L. 100-430, Sec. 6(e), inserted ``and other prohibited 
practices'' in section catchline.
    Subsecs. (a), (b). Pub. L. 100-430, Sec. 6(b)(2), inserted 
``familial status,'' after ``sex,''.
    Subsecs. (c) to (e). Pub. L. 100-430, Sec. 6(b)(1), inserted 
``handicap, familial status,'' after ``sex,''.
    Subsec. (f). Pub. L. 100-430, Sec. 6(a), added subsec. (f).
    Subsec. (f)(3)(A). Pub. L. 100-430, Sec. 15, which directed the 
substitution of ``except that, in the case of a rental, the landlord may 
where it is reasonable to do so condition permission for a modification 
on the renter agreeing to restore the interior of the premises to the 
condition 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 because 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).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3602, 3603, 3617 of this 
title.