As made applicable by section 803 and except as exempted by sections
803(b) and 807, 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.
6-1453.1
(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;
(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.
6-1453.2
(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;
(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 the date
of enactment of the Fair Housing Amendments Act of 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.
6-1453.3
(4) Compliance with the appropriate re
quirements 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 title 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).
6-1453.4
(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 810(f)(3) of this Act to receive and process complaints
or otherwise engage in enforcement activities under this title.
(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 title.
(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 title shall be construed to invalidate or limit any law
of a State or political subdivision of a State, or other jurisdiction in
which this title 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 title.
(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.
[42 USC 3604. As amended by acts of Aug. 22, 1974 (88 Stat. 729)
and Sept. 13, 1988 (102 Stat. 1620, 1636).]
