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.