1、637 SUBCHAPTER AFAIR HOUSING PART 100DISCRIMINATORY CON-DUCT UNDER THE FAIR HOUSING ACT Subpart AGeneral Sec. 100.1 Authority. 100.5 Scope. 100.10 Exemptions. 100.20 Definitions. Subpart BDiscriminatory Housing Practices 100.50 Real estate practices prohibited. 100.60 Unlawful refusal to sell or ren
2、t or to negotiate for the sale or rental. 100.65 Discrimination in terms, conditions and privileges and in services and facili-ties. 100.70 Other prohibited sale and rental con-duct. 100.75 Discriminatory advertisements, statements and notices. 100.80 Discriminatory representations on the availabili
3、ty of dwellings. 100.85 Blockbusting. 100.90 Discrimination in the provision of brokerage services. Subpart CDiscrimination in Residential Real Estate-Related Transactions 100.110 Discriminatory practices in residen-tial real estate-related transactions. 100.115 Residential real estate-related trans
4、-actions. 100.120 Discrimination in the making of loans and in the provision of other finan-cial assistance. 100.125 Discrimination in the purchasing of loans. 100.130 Discrimination in the terms and conditions for making available loans or other financial assistance. 100.135 Unlawful practices in t
5、he selling, brokering, or appraising of residential real property. 100.140 General rules. 100.141 Definitions. 100.142 Types of information. 100.143 Appropriate corrective action. 100.144 Scope of privilege. 100.145 Loss of privilege. 100.146 Limited use of privileged informa-tion. 100.147 Adjudicat
6、ion. 100.148 Effective date. Subpart DProhibition Against Discrimination Because of Handicap 100.200 Purpose. 100.201 Definitions. 100.201a Incorporation by reference. 100.202 General prohibitions against dis-crimination because of handicap. 100.203 Reasonable modifications of existing premises. 100
7、.204 Reasonable accommodations. 100.205 Design and construction require-ments. Subpart EHousing for Older Persons 100.300 Purpose. 100.301 Exemption. 100.302 State and Federal elderly housing programs. 100.303 62 or over housing. 100.304 Housing for persons who are 55 years of age or older. 100.305
8、80 percent occupancy. 100.306 Intent to operate as housing de-signed for persons who are 55 years of age or older. 100.307 Verification of occupancy. 100.308 Good faith defense against civil money damages. Subpart FInterference, Coercion or Intimidation 100.400 Prohibited interference, coercion or i
9、ntimidation. AUTHORITY: 42 U.S.C. 3535(d), 36003620. SOURCE: 54 FR 3283, Jan. 23, 1989, unless otherwise noted. Subpart AGeneral 100.1 Authority. This regulation is issued under the authority of the Secretary of Housing and Urban Development to administer and enforce title VIII of the Civil Rights A
10、ct of 1968, as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act). 100.5 Scope. (a) It is the policy of the United States to provide, within constitu-tional limitations, for fair housing throughout the United States. No per-son shall be subjected to discrimina-tion because of
11、race, color, religion, VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00647 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-638 24 CFR Subtitle B, Ch. I (4111 Edi
12、tion) 100.10 sex, handicap, familial status, or na-tional origin in the sale, rental, or ad-vertising of dwellings, in the provision of brokerage services, or in the avail-ability of residential real estate-re-lated transactions. (b) This part provides the Depart-ments interpretation of the coverage
13、 of the Fair Housing Act regarding dis-crimination related to the sale or rent-al of dwellings, the provision of serv-ices in connection therewith, and the availability of residential real estate- related transactions. (c) Nothing in this part relieves per-sons participating in a Federal or Fed-eral
14、ly-assisted program or activity from other requirements applicable to buildings and dwellings. 100.10 Exemptions. (a) This part does not: (1) Prohibit a religious organization, association, or society, or any non-profit institution or organization oper-ated, supervised or controlled by or in conjunc
15、tion with a religious organiza-tion, association, or society, from lim-iting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, un-less membership in such religion is re-
16、stricted because of race, color, or na-tional origin; (2) Prohibit a private club, not in fact open to the public, which, incident to its primary purpose or purposes, pro-vides lodgings which it owns or oper-ates for other than a commercial pur-pose, from limiting the rental or occu-pancy of such lo
17、dgings to its members or from giving preference to its mem-bers; (3) Limit the applicability of any rea-sonable local, State or Federal restric-tions regarding the maximum number of occupants permitted to occupy a dwelling; or (4) Prohibit conduct against a person because such person has been convic
18、ted by any court of competent jurisdiction of the illegal manufacture or distribu-tion of a controlled substance as de-fined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (b) Nothing in this part regarding discrimination based on familial status applies with respect to housing for
19、 older persons as defined in subpart E of this part. (c) Nothing in this part, other than the prohibitions against discrimina-tory advertising, applies to: (1) The sale or rental of any single family house by an owner, provided the following conditions are met: (i) The owner does not own or have any
20、 interest in more than three single family houses at any one time. (ii) The house is sold or rented with-out the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings. If the owner selling the house does not reside in it at
21、the time of the sale or was not the most re-cent resident of the house prior to such sale, the exemption in this paragraph (c)(1) of this section applies to only one such sale in any 24-month period. (2) Rooms or units in dwellings con-taining living quarters occupied or in-tended to be occupied by
22、no more than four families living independently of each other, if the owner actually main-tains and occupies one of such living quarters as his or her residence. 100.20 Definitions. The terms Department, Fair Housing Act, and Secretary are defined in 24 CFR part 5. Aggrieved person includes any pers
23、on who (a) Claims to have been injured by a discriminatory housing practice; or (b) Believes that such person will be injured by a discriminatory housing practice that is about to occur. Broker or Agent includes any person authorized to perform an action on be-half of another person regarding any ma
24、tter related to the sale or rental of dwellings, including offers, solicita-tions or contracts and the administra-tion of matters regarding such offers, solicitations or contracts or any resi-dential real estate-related trans-actions. Discriminatory housing practice means an act that is unlawful und
25、er section 804, 805, 806, or 818 of the Fair Housing Act. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00648 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-639
26、 Office of Asst. Secy., Equal Opportunity, HUD 100.50 Dwelling means any building, struc-ture or portion thereof which is occu-pied as, or designed or intended for oc-cupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the con-struction or loca
27、tion thereon of any such building, structure or portion thereof. Familial status means one or more in-dividuals (who have not attained the age of 18 years) being domiciled with (a) A parent or another person having legal custody of such individual or in-dividuals; or (b) The designee of such parent
28、or other person having such custody, with the written permission of such parent or other person. The protections afforded against dis-crimination on the basis of familial status shall apply to any person who is pregnant or is in the process of secur-ing legal custody of any individual who has not at
29、tained the age of 18 years. Handicap is defined in 100.201. Person includes one or more individ-uals, corporations, partnerships, asso-ciations, labor organizations, legal rep-resentatives, mutual companies, joint- stock companies, trusts, unincor-porated organizations, trustees, trust-ees in cases
30、under title 11 U.S.C., re-ceivers, and fiduciaries. Person in the business of selling or rent-ing dwellings means any person who: (a) Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
31、(b) Within the preceding twelve months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (c)
32、 Is the owner of any dwelling de-signed or intended for occupancy by, or occupied by, five or more families. State means any of the several states, the District of Columbia, the Common-wealth of Puerto Rico, or any of the territories and possessions of the United States. 54 FR 3283, Jan. 23, 1989, a
33、s amended at 61 FR 5205, Feb. 9, 1996 Subpart BDiscriminatory Housing Practices 100.50 Real estate practices prohib-ited. (a) This subpart provides the Depart-ments interpretation of conduct that is unlawful housing discrimination under section 804 and section 806 of the Fair Housing Act. In general
34、 the pro-hibited actions are set forth under sec-tions of this subpart which are most applicable to the discriminatory con-duct described. However, an action il-lustrated in one section can constitute a violation under sections in the sub-part. For example, the conduct de-scribed in 100.60(b)(3) and
35、 (4) would constitute a violation of 100.65(a) as well as 100.60(a). (b) It shall be unlawful to: (1) Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or nat
36、ional origin, or to discriminate in the sale or rental of a dwelling because of handicap. (2) Discriminate in the terms, condi-tions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex
37、, handicap, familial status, or na-tional origin. (3) Engage in any conduct relating to the provision of housing which other-wise makes unavailable or denies dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin. (4) Make, print or publish, or caus
38、e to be made, printed or published, any no-tice, statement or advertisement with respect to the sale or rental of a dwell-ing that indicates any preference, limi-tation or discrimination because of race, color, religion, sex, handicap, fa-milial status, or national origin, or an intention to make an
39、y such preference, limitation or discrimination. (5) Represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for sale or rental when such dwelling is in fact available. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077
40、 PO 00000 Frm 00649 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-640 24 CFR Subtitle B, Ch. I (4111 Edition) 100.60 (6) Engage in blockbusting practices in connection with
41、 the sale or rental of dwellings because of race, color, reli-gion, sex, handicap, familial status, or national origin. (7) Deny access to or membership or participation in, or to discriminate against any person in his or her access to or membership or participation in, any multiple-listing service,
42、 real es-tate brokers association, or other service organization or facility relat-ing to the business of selling or renting a dwelling or in the terms or condi-tions or membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin. (c) The applica
43、tion of the Fair Hous-ing Act with respect to persons with handicaps is discussed in subpart D of this part. 100.60 Unlawful refusal to sell or rent or to negotiate for the sale or rental. (a) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who has made a bona fide
44、 offer, because of race, color, religion, sex, fa-milial status, or national origin or to refuse to negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to dis-criminate against any person in the sale or rental of
45、 a dwelling because of handicap. (b) Prohibited actions under this sec-tion include, but are not limited to: (1) Failing to accept or consider a bona fide offer because of race, color, religion, sex, handicap, familial status, or national origin. (2) Refusing to sell or rent a dwelling to, or to neg
46、otiate for the sale or rent-al of a dwelling with, any person be-cause of race, color, religion, sex, hand-icap, familial status, or national ori-gin. (3) Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, han
47、dicap, fa-milial status, or national origin. (4) Using different qualification cri-teria or applications, or sale or rental standards or procedures, such as in-come standards, application require-ments, application fees, credit analysis or sale or rental approval procedures or other requirements, be
48、cause of race, color, religion, sex, handicap, familial status, or national origin. (5) Evicting tenants because of their race, color, religion, sex, handicap, fa-milial status, or national origin or be-cause of the race, color, religion, sex, handicap, familial status, or national origin of a tenan
49、ts guest. 100.65 Discrimination in terms, con-ditions and privileges and in serv-ices and facilities. (a) It shall be unlawful, because of race, color, religion, sex, handicap, fa-milial status, or national origin, to im-pose different terms, conditions or privileges relating to the sale or rental of a dwelling or to deny or limit serv-ices or facilities in connection with the sale or rental of a dwelling. (b) Prohibited actions under this sec-tion include
