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SUBCHAPTER II - PREVENTION OF INTIMIDATION

• § 3631. Violations; penalties.

§ 3601. Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

§ 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.

§ 3603. Effective dates of certain prohibitions

• (a) Application to certain described dwellings

• • (1) Upon enactment of this subchapter, to -
  • • (A) dwellings owned or operated by the Federal Government;
    • (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968;
    • (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and
    • (D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.
  • (2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b) of this section.
• (b) Exemptions

• • (1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 3604(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
  • (2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
• (c) Business of selling or renting dwellings defined

• • (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
  • (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his 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
  • (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

§ 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, (FOOTNOTE 1)
  • • (FOOTNOTE 1) So in original. The comma probably should be a semicolon.
  • (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. (FOOTNOTE 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.

§ 3605. Discrimination in residential real estate-related transactions

• (a) In general

• (b) "Residential real estate-related transaction" defined

• • (1) The making or purchasing of loans or providing other financial assistance -
  • • (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
    • (B) secured by residential real estate.
  • (2) The selling, brokering, or appraising of residential real property.
• (c) Appraisal exemption

§ 3606. Discrimination in the provision of brokerage services

After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.

§ 3607. Religious organization or private club exemption

• (a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting 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, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
• (b)(1) Nothing in this subchapter limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons.
• • (2) As used in this section, "housing for older persons" means housing -
  • • (A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
    • (B) intended for, and solely occupied by, persons 62 years of age or older; or
    • (C) intended and operated for occupancy by persons 55 years of age or older, and -
    • • (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
      • (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
      • (iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall - (I) provide for verification by reliable surveys and affidavits; and (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
  • (3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
  • • (A) persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections (FOOTNOTE 1) (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of subsections (FOOTNOTE 1) (2)(B) or (C); or

• • (B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections (FOOTNOTE 1) (2)(B) or (C).
  • (4) Nothing in this subchapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 802 of title 21.
  • (5)(A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons.
  • • (B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that -
    • • (i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and
      • (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

§ 3608. Administration

• (a) Authority and responsibility

• (b) Assistant Secretary

• (c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review The Secretary may delegate any of his functions, duties, and powers to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law.
• (d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the Secretary to further such purposes.
• (e) Functions of Secretary

• • (1) make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the United States;
  • (2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress -
  • • (A) specifying the nature and extent of progress made nationally in eliminating discriminatory housing practices and furthering the purposes of this subchapter, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and
    • (B) containing tabulations of the number of instances (and the reasons therefor) in the preceding year in which -
    • • (i) investigations are not completed as required by section 3610(a)(1)(B) of this title;
      • (ii) determinations are not made within the time specified in section 3610(g) of this title; and
      • (iii) hearings are not commenced or findings and conclusions are not made as required by section 3612(g) of this title;
  • (3) cooperate with and render technical assistance to Federal, State, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
  • (4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices;
  • (5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; and
  • (6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, programs administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in subsection (f) of this section which apply to such programs (and in order to develop the data to be included and made available to the public under this subsection, the Secretary shall, without regard to any other provision of law, collect such information relating to those characteristics as the Secretary determines to be necessary or appropriate).
• (f) Provisions of law applicable to Department programs

• • (1) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
  • (2) this subchapter;
  • (3) section 794 of title 29;
  • (4) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
  • (5) the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.);
  • (6) section 1982 of this title;
  • (7) section 637(a) of title 15;
  • (8) section 1735f-5 of title 12;
  • (9) section 5309 of this title;
  • (10) section 1701u of title 12;
  • (11) Executive orders 11063, 11246, 11625, 12250, 12259, and 12432; and
  • (12) any other provision of law which the Secretary specifies by publication in the Federal Register for the purpose of this subsection.

§ 3608a. Collection of certain data

• (a) In general

• (b) Reports to Congress

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