42 U.S.C. § 3604 : US Code - Section 3604: Discrimination in the sale or rental of housing and other prohibited practices

Search 42 U.S.C. § 3604 : US Code - Section 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)

        (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)

        (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.