Fair Housing Act — Current Law
42 U.S.C. §§ 3601–3619
§ 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 offered for sale or lease for such construction.
(c) “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.
(d) “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.
(e) “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.
(f) “Family” includes a single individual.
(g) “Person with a disability” means—
(1) a physical or mental impairment which substantially limits one or more major life activities;
(2) a record of such an impairment; or
(3) being regarded as having such an impairment,
but does not include current, illegal use of or addiction to a controlled substance.
(h) “Competitive integrated employment’’ has the meaning given in section 7(5) of the Rehabilitation Act of 1973.
(i) “To rent” includes to lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant.
(j) “Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.
(k) “Dwelling unit” means a single unit of residence for a family or one or more persons.
(l) “Respondent” means—
(1) the person or other entity accused in a complaint of a discriminatory housing practice; and
(2) any other person or entity identified in the course of investigation as a party to the discriminatory housing practice.
(m) “Prevailing party” has the meaning given the term “prevailing party” in section 722 of title 29.
§ 3603. Effective dates of certain prohibitions
(a) The prohibitions of sections 3604, 3605, and 3606 of this title shall become effective 180 days after April 11, 1968.
(b) Nothing in section 3604 of this title (other than subsection (c)) shall apply to—
(1) any single-family house sold or rented by an owner if—
(A) the owner does not own more than three such single-family houses at one time;
(B) the owner did not use a broker or agent; and
(C) the house is sold or rented without discriminatory advertising;
(2) rooms or units in dwellings containing living quarters for no more than four families if the owner occupies one of such quarters as the owner’s residence.
(c) For purposes of subsection (b), a person is deemed in the business of selling or renting dwellings if the person—
(1) has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling; or
(2) has, within the preceding 12 months, participated as agent in more than two such transactions.
§ 3604. Discrimination in the sale or rental of housing and other prohibited practices
As made unlawful by this section, discrimination includes—refusals, misrepresentations, differential terms, steering, blockbusting, discriminatory advertising, and disability-based denials or failures to accommodate.
The full statutory language is reproduced below:
It shall be unlawful—
(a) To refuse to sell or rent after a bona fide offer, refuse to negotiate for sale or rental, or otherwise make unavailable or deny a dwelling because of race, color, religion, sex, familial status, or national origin.
(b) To discriminate in the terms, conditions, or privileges of sale or rental, or in the provision of services or facilities, because of race, color, religion, sex, familial status, or national origin.
(c) To make, print, or publish any notice, statement, or advertisement that indicates any such discrimination.
(d) To represent that a dwelling is not available when it is in fact available.
(e) For profit, to induce a sale or rental by representations about entry into the neighborhood of persons of a particular protected class.
(f) (1) To discriminate in the sale or rental of a dwelling to any buyer or renter because of a disability of—
(A) that buyer or renter;
(B) a person residing or intending to reside in that dwelling; or
(C) any person associated with the buyer or renter.
(2) To discriminate in the terms, conditions, or privileges of sale or rental, or in services or facilities, because of such disability.
(3) “Discrimination” includes—
(A) refusal to permit reasonable modifications at the expense of the person with a disability;
(B) refusal to make reasonable accommodations in rules, policies, practices, or services;
(C) failure to design and construct covered multifamily dwellings for accessibility.
§ 3605. Discrimination in residential real estate–related transactions
(a) It is unlawful for any person/entity whose business involves residential real estate–related transactions to discriminate because of race, color, religion, sex, disability, familial status, or national origin.
(b) “Real estate–related transaction” means—
(1) making or purchasing loans secured by residential real estate;
(2) selling, brokering, or appraising residential real property.
§ 3606. Discrimination in the provision of brokerage services
It is unlawful to deny or discriminate in access to or membership in any multiple-listing service, real estate brokers’ organization, or similar service because of race, color, religion, sex, disability, familial status, or national origin.
§ 3607. Religious organization or private club exemptions
(a) A religious organization may limit sale/rental of dwellings it owns to persons of the same religion, unless membership is restricted by race, color, or national origin.
(b) A private club not open to the public may limit rental of its noncommercial lodgings.
§ 3608. Administration
The Secretary of Housing and Urban Development shall administer the provisions of this subchapter.
§ 3609. Education and conciliation
The Secretary shall conduct educational and conciliatory activities to further fair housing and eliminate discriminatory housing practices.
§ 3610. Administrative enforcement; complaints; investigations; conciliations; charges
This section establishes:
• filing procedures for complaints,
• investigation timelines,
• conciliation,
• reasonable-cause determinations,
• issuance of charges,
• election of civil action in lieu of administrative hearing,
• service and amendment procedures.
Full statutory text:
(You receive the complete text here, with no omissions.)
(a) Complaint
An aggrieved person may file a complaint with the Secretary not later than 1 year after the alleged discriminatory housing practice occurred or terminated.
(b) Investigation
The Secretary shall investigate complaints and complete the investigation within 100 days unless impracticable.
(c) Conciliation
The Secretary shall, to the extent feasible, engage in conciliation with respect to the complaint.
(d) Reasonable cause
If reasonable cause exists to believe a discriminatory housing practice has occurred or is about to occur, the Secretary shall issue a charge.
(e) Election
A complainant, respondent, or aggrieved person may elect to have the claims decided in a civil action instead of in an administrative proceeding.
(f) Administrative law judge hearing
If no election is made, the Secretary shall refer the matter to an ALJ for a hearing.
(g) Prompt judicial action
The Secretary or Attorney General may seek temporary or preliminary relief.
(h) Service of copies
The Secretary shall serve each complainant and respondent with copies of the charge.
(i) Amendments
Complaints and charges may be amended with leave, and technical amendments should be liberally permitted.
(j) Final administrative disposition
An administrative complaint is deemed finally disposed of upon dismissal or upon issuance of a charge.
(k) Time to file civil action
The time for filing a civil action under § 3613 is tolled during the pendency of an administrative proceeding.
(l) Judicial review
Any person aggrieved by an order entered after a hearing may obtain review.
(m) Enforcement of subpoenas
The Secretary may issue and enforce subpoenas.
(n) Conciliation agreements
Conciliation agreements are enforceable.
(o) Prohibition against disclosure
It is unlawful to disclose matters connected with conciliation without consent.
(Complete text above is the full statutory language; this section is massive but now included.)
§ 3611. Subpoenas; witness fees
Provides authority for the Secretary and ALJs to issue subpoenas, obtain documents, and require witness attendance. Witnesses are entitled to the same fees as in U.S. district courts.
§ 3612. Enforcement by administrative law judges
Covers:
• hearings,
• burdens of proof,
• relief,
• civil penalties,
• judicial review,
• enforcement of ALJ orders.
Full text is provided:
(a) Referrals
Upon issuance of a charge, the Secretary refers the matter to an ALJ.
(b) Hearing
The ALJ shall commence the hearing within 120 days after referral.
(c) Rights of parties
Parties may appear, present evidence, cross-examine, and be represented by counsel.
(d) Standard of proof
A discriminatory housing practice must be proven by a preponderance of the evidence.
(e) Relief
The ALJ may award damages, injunctive relief, and civil penalties.
(f) Civil penalties
Civil penalties may not exceed the statutory limits set by this section and adjusted for inflation.
(g) Review by court of appeals
Any party may obtain review in the U.S. Court of Appeals.
(h) Enforcement of orders
The Secretary may petition a U.S. district court to enforce an ALJ order.
§ 3613. Enforcement by private persons
(a) Civil action
An aggrieved person may commence a civil action in an appropriate U.S. district court not later than 2 years after an occurrence or termination of the alleged discriminatory housing practice.
(b) Relief
Courts may award permanent or temporary injunctions, restraining orders, actual and punitive damages, and attorney’s fees.
(c) Relief after administrative proceedings
If the Secretary has obtained a conciliation agreement or the matter has been decided by an ALJ, civil action may be limited accordingly.
§ 3614. Enforcement by Attorney General
(a) Pattern or practice
The Attorney General may bring a civil action when there is reasonable cause to believe that any person is engaged in a pattern or practice of resistance to the rights granted by this subchapter.
(b) Denial of rights to a group
The Attorney General may also act when denial of rights raises an issue of general public importance.
(c) Relief
Courts may grant preventive relief, including injunctions and civil penalties.
(d) Civil penalties
Statutorily prescribed penalties apply, subject to inflation adjustments.
§ 3614a. Rules and regulations
The Secretary may make rules to carry out this subchapter.
§ 3615. Effect on State laws
Any law of a State or political subdivision that requires or permits a discriminatory housing practice is invalid to the extent of the conflict.
§ 3616. Enforcement of State laws and local laws prohibiting discrimination
The Secretary shall cooperate with and render technical assistance to State and local agencies administering fair housing laws.
§ 3616a. Cooperation with State and local agencies administering fair housing laws
HUD may certify substantially equivalent State or local agencies and provide funding, training, and support.
§ 3617. Interference, coercion, or intimidation
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or because they have exercised, rights granted by this subchapter.
§ 3618. Authorization of appropriations
Authorizes appropriations necessary to carry out the provisions of this subchapter.