692 Subpart F—Interference, Coercion Or Intimidation

SUBCHAPTER A—FAIR HOUSING

PART 100—DISCRIMINATORY CON- Subpart D—Prohibition Against DUCT UNDER THE FAIR HOUSING Discrimination Because of Handicap ACT 100.200 Purpose. 100.201 Definitions. Subpart A—General 100.201a Incorporation by reference. 100.202 General prohibitions against dis- Sec. crimination because of handicap. 100.1 Authority. 100.203 Reasonable modifications of existing 100.5 Scope. premises. 100.7 Liability for discriminatory housing 100.204 Reasonable accommodations. practices. 100.205 Design and construction require- 100.10 Exemptions. ments. 100.20 Definitions. Subpart E—Housing for Older Persons Subpart B—Discriminatory Housing Practices 100.300 Purpose. 100.301 Exemption. 100.50 Real estate practices prohibited. 100.302 State and Federal elderly housing 100.60 Unlawful refusal to sell or rent or to programs. negotiate for the sale or rental. 100.303 62 or over housing. 100.65 Discrimination in terms, conditions 100.304 Housing for persons who are 55 years and privileges and in services and facili- of age or older. ties. 100.305 80 percent occupancy. 100.70 Other prohibited sale and rental con- 100.306 Intent to operate as housing de- duct. signed for persons who are 55 years of age 100.75 Discriminatory advertisements, or older. statements and notices. 100.307 Verification of occupancy. 100.80 Discriminatory representations on 100.308 Good faith defense against civil the availability of dwellings. money damages. 100.85 Blockbusting. 100.90 Discrimination in the provision of Subpart F—Interference, Coercion or brokerage services. Intimidation

Subpart C—Discrimination in Residential 100.400 Prohibited interference, coercion or Real Estate-Related Transactions intimidation. 100.110 Discriminatory practices in residen- Subpart G—Discriminatory Effect tial real estate-related transactions. 100.115 Residential real estate-related trans- 100.500 Discriminatory effect prohibited. actions. 100.120 Discrimination in the making of Subpart H— Quid Pro Quo and Hostile loans and in the provision of other finan- Environment Harassment cial assistance. § 100.600 Quid pro quo and hostile environ- 100.125 Discrimination in the purchasing of ment harassment. loans. 100.130 Discrimination in the terms and AUTHORITY: 42 U.S.C. 3535(d), 3600–3620. conditions for making available loans or SOURCE: 54 FR 3283, Jan. 23, 1989, unless other financial assistance. otherwise noted. 100.135 Unlawful practices in the selling, brokering, or appraising of residential real property. Subpart A—General 100.140 General rules. 100.141 Definitions. § 100.1 Authority. 100.142 Types of information. This regulation is issued under the 100.143 Appropriate corrective action. authority of the Secretary of Housing 100.144 Scope of privilege. 100.145 Loss of privilege. and Urban Development to administer 100.146 Limited use of privileged informa- and enforce title VIII of the Civil tion. Rights Act of 1968, as amended by the 100.147 Adjudication. Fair Housing Amendments Act of 1988 100.148 Effective date. (the Fair Housing Act).

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§ 100.5 Scope. responsibility the person may have with respect to the conduct of such (a) It is the policy of the United third-party. States to provide, within constitu- tional limitations, for fair housing (2) For purposes of determining li- throughout the United States. No per- ability under paragraphs (a)(1)(ii) and son shall be subjected to discrimina- (iii) of this section, prompt action to tion because of race, color, religion, correct and end the discriminatory sex, handicap, familial status, or na- housing practice may not include any tional origin in the sale, rental, or ad- action that penalizes or harms the ag- vertising of dwellings, in the provision grieved person, such as eviction of the of brokerage services, or in the avail- aggrieved person. ability of residential real estate-re- (b) Vicarious liability. A person is vi- lated transactions. cariously liable for a discriminatory (b) This part provides the Depart- housing practice by the person’s agent ment’s interpretation of the coverage or employee, regardless of whether the of the Fair Housing Act regarding dis- person knew or should have known of crimination related to the sale or rent- the conduct that resulted in a discrimi- al of dwellings, the provision of serv- natory housing practice, consistent ices in connection therewith, and the with agency law. availability of residential real estate- [81 FR 63074, Sept. 14, 2016] related transactions. The illustrations of unlawful housing discrimination in § 100.10 Exemptions. this part may be established by a prac- (a) This part does not: tice’s discriminatory effect, even if not (1) Prohibit a religious organization, motivated by discriminatory intent, association, or society, or any non- consistent with the standards outlined profit institution or organization oper- in § 100.500. ated, supervised or controlled by or in (c) Nothing in this part relieves per- conjunction with a religious organiza- sons participating in a Federal or Fed- tion, association, or society, from lim- erally-assisted program or activity iting the sale, rental or occupancy of from other requirements applicable to dwellings which it owns or operates for buildings and dwellings. other than a commercial purpose to [54 FR 3283, Jan. 23, 1989, as amended at 78 persons of the same religion, or from FR 11481, Feb. 15, 2013] giving preference to such persons, unless membership in such religion is re- § 100.7 Liability for discriminatory stricted because of race, color, or na- housing practices. tional origin; (a) Direct liability. (1) A person is di- (2) Prohibit a private club, not in fact rectly liable for: open to the public, which, incident to (i) The person’s own conduct that re- its primary purpose or purposes, pro- sults in a discriminatory housing prac- vides lodgings which it owns or oper- tice. ates for other than a commercial pur- (ii) Failing to take prompt action to pose, from limiting the rental or occu- correct and end a discriminatory hous- pancy of such lodgings to its members ing practice by that person’s employee or from giving preference to its mem- or agent, where the person knew or bers; should have known of the discrimina- (3) Limit the applicability of any rea- tory conduct. sonable local, State or Federal restric- (iii) Failing to take prompt action to tions regarding the maximum number correct and end a discriminatory hous- of occupants permitted to occupy a ing practice by a third-party, where dwelling; or the person knew or should have known (4) Prohibit conduct against a person of the discriminatory conduct and had because such person has been convicted the power to correct it. The power to by any court of competent jurisdiction take prompt action to correct and end of the illegal manufacture or distribu- a discriminatory housing practice by a tion of a controlled substance as de- third-party depends upon the extent of fined in section 102 of the Controlled the person’s control or any other legal Substances Act (21 U.S.C. 802).

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(b) Nothing in this part regarding Dwelling means any building, struc- discrimination based on familial status ture or portion thereof which is occu- applies with respect to housing for pied as, or designed or intended for oc- older persons as defined in subpart E of cupancy as, a residence by one or more this part. families, and any vacant land which is (c) Nothing in this part, other than offered for sale or lease for the con- the prohibitions against discrimina- struction or location thereon of any tory advertising, applies to: such building, structure or portion (1) The sale or rental of any single thereof. family house by an owner, provided the Familial status means one or more in- following conditions are met: dividuals (who have not attained the (i) The owner does not own or have age of 18 years) being domiciled with— any interest in more than three single (a) A parent or another person having family houses at any one time. legal custody of such individual or individuals; or (ii) The house is sold or rented with- (b) The designee of such parent or out the use of a real estate broker, other person having such custody, with agent or salesperson or the facilities of the written permission of such parent any person in the business of selling or or other person. renting dwellings. If the owner selling the house does not reside in it at the The protections afforded against dis- time of the sale or was not the most re- crimination on the basis of familial cent resident of the house prior to such status shall apply to any person who is sale, the exemption in this paragraph pregnant or is in the process of secur- (c)(1) of this section applies to only one ing legal custody of any individual who such sale in any 24-month period. has not attained the age of 18 years. Handicap is defined in § 100.201. (2) Rooms or units in dwellings con- Person includes one or more individ- taining living quarters occupied or in- uals, corporations, partnerships, asso- tended to be occupied by no more than ciations, labor organizations, legal rep- four families living independently of resentatives, mutual companies, joint- each other, if the owner actually main- stock companies, trusts, unincor- tains and occupies one of such living porated organizations, trustees, trust- quarters as his or her residence. ees in cases under title 11 U.S.C., re- ceivers, and fiduciaries. § 100.20 Definitions. Person in the business of selling or rent- The terms Department, Fair Housing ing dwellings means any person who: Act, and Secretary are defined in 24 (a) Within the preceding twelve CFR part 5. months, has participated as principal Aggrieved person includes any person in three or more transactions involving who— the sale or rental of any dwelling or (a) Claims to have been injured by a any interest therein; discriminatory housing practice; or (b) Within the preceding twelve (b) Believes that such person will be months, has participated as agent, injured by a discriminatory housing other than in the sale of his or her own practice that is about to occur. personal residence, in providing sales Broker or Agent includes any person or rental facilities or sales or rental authorized to perform an action on be- services in two or more transactions half of another person regarding any involving the sale or rental of any matter related to the sale or rental of dwelling or any interest therein; or dwellings, including offers, solicita- (c) Is the owner of any dwelling de- tions or contracts and the administra- signed or intended for occupancy by, or tion of matters regarding such offers, occupied by, five or more families. solicitations or contracts or any resi- State means any of the several states, dential real estate-related trans- the District of Columbia, the Common- actions. wealth of Puerto Rico, or any of the Discriminatory housing practice means territories and possessions of the an act that is unlawful under section United States. 804, 805, 806, or 818 of the Fair Housing [54 FR 3283, Jan. 23, 1989, as amended at 61 Act. FR 5205, Feb. 9, 1996]

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Subpart B—Discriminatory Housing (6) Engage in blockbusting practices Practices in connection with the sale or rental of dwellings because of race, color, reli- § 100.50 Real estate practices prohib- gion, sex, handicap, familial status, or ited. national origin. (a) This subpart provides the Depart- (7) Deny access to or membership or ment’s interpretation of conduct that participation in, or to discriminate is unlawful housing discrimination against any person in his or her access under section 804 and section 806 of the to or membership or participation in, Fair Housing Act. In general the pro- any multiple-listing service, real es- hibited actions are set forth under sec- tate brokers’ association, or other tions of this subpart which are most service organization or facility relat- applicable to the discriminatory con- ing to the business of selling or renting duct described. However, an action il- a dwelling or in the terms or condi- lustrated in one section can constitute tions or membership or participation, a violation under sections in the sub- because of race, color, religion, sex, part. For example, the conduct de- handicap, familial status, or national scribed in § 100.60(b)(3) and (4) would origin. constitute a violation of § 100.65(a) as (c) The application of the Fair Hous- well as § 100.60(a). ing Act with respect to persons with (b) It shall be unlawful to: handicaps is discussed in subpart D of (1) Refuse to sell or rent a dwelling this part. after a bona fide offer has been made, or to refuse to negotiate for the sale or § 100.60 Unlawful refusal to sell or rental of a dwelling because of race, rent or to negotiate for the sale or color, religion, sex, familial status, or rental. national origin, or to discriminate in (a) It shall be unlawful for a person the sale or rental of a dwelling because to refuse to sell or rent a dwelling to a of handicap. person who has made a bona fide offer, (2) Discriminate in the terms, condi- because of race, color, religion, sex, fa- tions or privileges of sale or rental of a milial status, or national origin or to dwelling, or in the provision of services refuse to negotiate with a person for or facilities in connection with sales or the sale or rental of a dwelling because rentals, because of race, color, religion, of race, color, religion, sex, familial sex, handicap, familial status, or na- status, or national origin, or to dis- tional origin. criminate against any person in the (3) Engage in any conduct relating to sale or rental of a dwelling because of the provision of housing which other- handicap. wise makes unavailable or denies (b) Prohibited actions under this sec- dwellings to persons because of race, tion include, but are not limited to: color, religion, sex, handicap, familial status, or national origin. (1) Failing to accept or consider a bona fide offer because of race, color, (4) Make, print or publish, or cause to be made, printed or published, any no- religion, sex, handicap, familial status, tice, statement or advertisement with or national origin. respect to the sale or rental of a dwell- (2) Refusing to sell or rent a dwelling ing that indicates any preference, limi- to, or to negotiate for the sale or rent- tation or discrimination because of al of a dwelling with, any person be- race, color, religion, sex, handicap, fa- cause of race, color, religion, sex, hand- milial status, or national origin, or an icap, familial status, or national ori- intention to make any such preference, gin. limitation or discrimination. (3) Imposing different sales prices or (5) Represent to any person because rental charges for the sale or rental of of race, color, religion, sex, handicap, a dwelling upon any person because of familial status, or national origin that race, color, religion, sex, handicap, fa- a dwelling is not available for sale or milial status, or national origin. rental when such dwelling is in fact (4) Using different qualification cri- available. teria or applications, or sale or rental

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standards or procedures, such as in- of race, color, religion, sex, handicap, come standards, application require- familial status, or national origin. ments, application fees, credit analysis (4) Limiting the use of privileges, or sale or rental approval procedures or services or facilities associated with a other requirements, because of race, dwelling because of race, color, reli- color, religion, sex, handicap, familial gion, sex, handicap, familial status, or status, or national origin. national origin of an owner, tenant or (5) Evicting tenants because of their a person associated with him or her. race, color, religion, sex, handicap, fa- (5) Denying or limiting services or familial status, or national origin or be- cilities in connection with the sale or cause of the race, color, religion, sex, rental of a dwelling, because a person handicap, familial status, or national failed or refused to provide sexual fa- origin of a tenant’s guest. vors. (6) Conditioning the availability of a (6) Conditioning the terms, condi- dwelling, including the price, qualifica- tions, or privileges relating to the sale tion criteria, or standards or proce- or rental of a dwelling, or denying or dures for securing the dwelling, on a limiting the services or facilities in person’s response to harassment be- connection therewith, on a person’s re- cause of race, color, religion, sex, hand- sponse to harassment because of race, icap, familial status, or national ori- color, religion, sex, handicap, familial gin. status, or national origin. (7) Subjecting a person to harassment (7) Subjecting a person to harassment because of race, color, religion, sex, because of race, color, religion, sex, handicap, familial status, or national handicap, familial status, or national origin that causes the person to vacate origin that has the effect of imposing a dwelling or abandon efforts to secure different terms, conditions, or privi- the dwelling. leges relating to the sale or rental of a [54 FR 3283, Jan. 23, 1989, as amended at 81 dwelling or denying or limiting serv- FR 63074, Sept. 14, 2016] ices or facilities in connection with the sale or rental of a dwelling. § 100.65 Discrimination in terms, conditions and privileges and in serv- [54 FR 3283, Jan. 23, 1989, as amended at 81 ices and facilities. FR 63074, Sept. 14, 2016] (a) It shall be unlawful, because of § 100.70 Other prohibited sale and race, color, religion, sex, handicap, fa- rental conduct. milial status, or national origin, to impose different terms, conditions or (a) It shall be unlawful, because of privileges relating to the sale or rental race, color, religion, sex, handicap, fa- of a dwelling or to deny or limit serv- milial status, or national origin, to re- ices or facilities in connection with the strict or attempt to restrict the sale or rental of a dwelling. choices of a person by word or conduct (b) Prohibited actions under this sec- in connection with seeking, negoti- tion include, but are not limited to: ating for, buying or renting a dwelling (1) Using different provisions in so as to perpetuate, or tend to perpet- leases or contracts of sale, such as uate, segregated housing patterns, or those relating to rental charges, secu- to discourage or obstruct choices in a rity deposits and the terms of a lease community, neighborhood or develop- and those relating to down payment ment. and closing requirements, because of (b) It shall be unlawful, because of race, color, religion, sex, handicap, fa- race, color, religion, sex, handicap, familial status, or national origin. milial status, or national origin, to en- (2) Failing or delaying maintenance gage in any conduct relating to the or repairs of sale or rental dwellings provision of housing or of services and because of race, color, religion, sex, facilities in connection therewith that handicap, familial status, or national otherwise makes unavailable or denies origin. dwellings to persons. (3) Failing to process an offer for the (c) Prohibited actions under para- sale or rental of a dwelling or to com- graph (a) of this section, which are gen- municate an offer accurately because erally referred to as unlawful steering

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practices, include, but are not limited icap, familial status, or national ori- to: gin. (1) Discouraging any person from in- (4) Refusing to provide municipal specting, purchasing or renting a services or property or hazard insur- dwelling because of race, color, reli- ance for dwellings or providing such gion, sex, handicap, familial status, or services or insurance differently be- national origin, or because of the race, cause of race, color, religion, sex, hand- color, religion, sex, handicap, familial icap, familial status, or national ori- status, or national origin of persons in gin. a community, neighborhood or devel- (5) Enacting or implementing land- opment. use rules, ordinances, policies, or pro- (2) Discouraging the purchase or cedures that restrict or deny housing rental of a dwelling because of race, opportunities or otherwise make un- color, religion, sex, handicap, familial available or deny dwellings to persons status, or national origin, by exag- because of race, color, religion, sex, gerating drawbacks or failing to inform handicap, familial status, or national any person of desirable features of a origin. dwelling or of a community, neighbor- [54 FR 3283, Jan. 23, 1989, as amended at 78 hood, or development. FR 11481, Feb. 15, 2013] (3) Communicating to any prospective purchaser that he or she would not § 100.75 Discriminatory advertise- be comfortable or compatible with ex- ments, statements and notices. isting residents of a community, neigh- (a) It shall be unlawful to make, borhood or development because of print or publish, or cause to be made, race, color, religion, sex, handicap, fa- printed or published, any notice, state- milial status, or national origin. ment or advertisement with respect to (4) Assigning any person to a par- the sale or rental of a dwelling which ticular section of a community, neigh- indicates any preference, limitation or borhood or development, or to a par- discrimination because of race, color, ticular floor of a building, because of religion, sex, handicap, familial status, race, color, religion, sex, handicap, fa- or national origin, or an intention to milial status, or national origin. make any such preference, limitation (d) Prohibited activities relating to or discrimination. dwellings under paragraph (b) of this (b) The prohibitions in this section section include, but are not limited to: shall apply to all written or oral no- (1) Discharging or taking other ad- tices or statements by a person en- verse action against an employee, gaged in the sale or rental of a dwell- broker or agent because he or she re- ing. Written notices and statements in- fused to participate in a discriminatory clude any applications, flyers, bro- housing practice. chures, deeds, signs, banners, posters, (2) Employing codes or other devices billboards or any documents used with to segregate or reject applicants, pur- respect to the sale or rental of a dwell- chasers or renters, refusing to take or ing. to show listings of dwellings in certain (c) Discriminatory notices, state- areas because of race, color, religion, ments and advertisements include, but sex, handicap, familial status, or na- are not limited to: tional origin, or refusing to deal with (1) Using words, phrases, photo- certain brokers or agents because they graphs, illustrations, symbols or forms or one or more of their clients are of a which convey that dwellings are avail- particular race, color, religion, sex, able or not available to a particular handicap, familial status, or national group of persons because of race, color, origin. religion, sex, handicap, familial status, (3) Denying or delaying the proc- or national origin. essing of an application made by a pur- (2) Expressing to agents, brokers, em- chaser or renter or refusing to approve ployees, prospective sellers or renters such a person for occupancy in a coop- or any other persons a preference for or erative or condominium dwelling be- limitation on any purchaser or renter cause of race, color, religion, sex, hand- because of race, color, religion, sex,

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handicap, familial status, or national gion, sex, handicap, familial status, or origin of such persons. national origin. (3) Selecting media or locations for (5) Providing false or inaccurate in- advertising the sale or rental of dwell- formation regarding the availability of ings which deny particular segments of a dwelling for sale or rental to any per- the housing market information about son, including testers, regardless of housing opportunities because of race, whether such person is actually seek- color, religion, sex, handicap, familial ing housing, because of race, color, re- status, or national origin. ligion, sex, handicap, familial status, (4) Refusing to publish advertising or national origin. for the sale or rental of dwellings or re- (6) Representing to an applicant that quiring different charges or terms for a unit is unavailable because of the ap- such advertising because of race, color, plicant’s response to a request for a religion, sex, handicap, familial status, sexual favor or other harassment be- or national origin. cause of race, color, religion, sex, hand- (d) 24 CFR part 109 provides informa- icap, familial status, or national ori- tion to assist persons to advertise gin. dwellings in a nondiscriminatory man- [54 FR 3283, Jan. 23, 1989, as amended at 81 ner and describes the matters the De- FR 63074, Sept. 14, 2016] partment will review in evaluating compliance with the Fair Housing Act § 100.85 Blockbusting. and in investigating complaints alleg- (a) It shall be unlawful, for profit, to ing discriminatory housing practices induce or attempt to induce a person to involving advertising. sell or rent a dwelling by representations regarding the entry or prospec- § 100.80 Discriminatory representative entry into the neighborhood of a tions on the availability of dwell- person or persons of a particular race, ings. color, religion, sex, familial status, or (a) It shall be unlawful, because of national origin or with a handicap. race, color, religion, sex, handicap, fa- (b) In establishing a discriminatory milial status, or national origin, to housing practice under this section it provide inaccurate or untrue informa- is not necessary that there was in fact tion about the availability of dwellings profit as long as profit was a factor for for sale or rental. engaging in the blockbusting activity. (b) Prohibited actions under this sec- (c) Prohibited actions under this section include, but are not limited to: tion include, but are not limited to: (1) Indicating through words or con- (1) Engaging, for profit, in conduct duct that a dwelling which is available (including uninvited solicitations for for inspection, sale, or rental has been listings) which conveys to a person sold or rented, because of race, color, that a neighborhood is undergoing or is religion, sex, handicap, familial status, about to undergo a change in the race, or national origin. color, religion, sex, handicap, familial (2) Representing that covenants or status, or national origin of persons re- other deed, trust or lease provisions siding in it, in order to encourage the which purport to restrict the sale or person to offer a dwelling for sale or rental of dwellings because of race, rental. color, religion, sex, handicap, familial (2) Encouraging, for profit, any per- status, or national origin preclude the son to sell or rent a dwelling through sale of rental of a dwelling to a person. assertions that the entry or prospec- (3) Enforcing covenants or other tive entry of persons of a particular deed, trust, or lease provisions which race, color, religion, sex, familial sta- preclude the sale or rental of a dwell- tus, or national origin, or with handi- ing to any person because of race, caps, can or will result in undesirable color, religion, sex, handicap, familial consequences for the project, neighbor- status, or national origin. hood or community, such as a lowering (4) Limiting information, by word or of property values, an increase in conduct, regarding suitably priced criminal or antisocial behavior, or a dwellings available for inspection, sale decline in the quality of schools or or rental, because of race, color, reli- other services or facilities.

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§ 100.90 Discrimination in the provi- Subpart C—Discrimination in Resi- sion of brokerage services. dential Real Estate-Related (a) It shall be unlawful to deny any Transactions person access to or membership or participation in any multiple listing serv- § 100.110 Discriminatory practices in residential real estate-related trans- ice, real estate brokers’ organization or actions. other service, organization, or facility relating to the business of selling or (a) This subpart provides the Depart- renting dwellings, or to discriminate ment’s interpretation of the conduct that is unlawful housing discrimina- against any person in the terms or con- tion under section 805 of the Fair Hous- ditions of such access, membership or ing Act. participation, because of race, color, (b) It shall be unlawful for any person religion, sex, handicap, familial status, or other entity whose business includes or national origin. engaging in residential real estate-re- (b) Prohibited actions under this sec- lated transactions to discriminate tion include, but are not limited to: against any person in making available (1) Setting different fees for access to such a transaction, or in the terms or or membership in a multiple listing conditions of such a transaction, be- service because of race, color, religion, cause of race, color, religion, sex, hand- sex, handicap, familial status, or na- icap, familial status, or national ori- tional origin. gin. (2) Denying or limiting benefits ac- cruing to members in a real estate bro- § 100.115 Residential real estate-related transactions. kers’ organization because of race, color, religion, sex, handicap, familial The term residential real estate-re- status, or national origin. lated transactions means: (a) The making or purchasing of (3) Imposing different standards or loans or providing other financial as- criteria for membership in a real estate sistance— sales or rental organization because of (1) For purchasing, constructing, im- race, color, religion, sex, handicap, fa- proving, repairing or maintaining a milial status, or national origin. dwelling; or (4) Establishing geographic bound- (2) Secured by residential real estate; aries or office location or residence re- or quirements for access to or member- (b) The selling, brokering or apprais- ship or participation in any multiple ing of residential real property. listing service, real estate brokers’ organization or other service, organiza- § 100.120 Discrimination in the making tion or facility relating to the business of loans and in the provision of other financial assistance. of selling or renting dwellings, because of race, color, religion, sex, handicap, (a) It shall be unlawful for any person familial status, or national origin. or entity whose business includes en- (5) Conditioning access to brokerage gaging in residential real estate-related transactions to discriminate services on a person’s response to har- against any person in making available assment because of race, color, reli- loans or other financial assistance for a gion, sex, handicap, familial status, or dwelling, or which is or is to be secured national origin. by a dwelling, because of race, color, (6) Subjecting a person to harassment religion, sex, handicap, familial status, because of race, color, religion, sex, or national origin. handicap, familial status, or national (b) Practices prohibited under this origin that has the effect of discour- section in connection with a residen- aging or denying access to brokerage tial real estate-related transaction in- services. clude, but are not limited to: (1) Failing or refusing to provide to [54 FR 3283, Jan. 23, 1989, as amended at 81 any person information regarding the FR 63074, Sept. 14, 2016] availability of loans or other financial assistance, application requirements,

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procedures or standards for the review gion, sex, handicap, familial status, or and approval of loans or financial as- national origin. sistance, or providing information (3) Imposing or using different terms which is inaccurate or different from or conditions on the marketing or sale that provided others, because of race, of securities issued on the basis of color, religion, sex, handicap, familial loans or other debts or securities which status, or national origin. relate to, or which are secured by, (2) Providing, failing to provide, or dwellings because of race, color, reli- discouraging the receipt of loans or gion, sex, handicap, familial status, or other financial assistance in a manner national origin. that discriminates in their denial rate (c) This section does not prevent con- or otherwise discriminates in their sideration, in the purchasing of loans, availability because of race, color, reli- of factors justified by business neces- gion, sex, handicap, familial status, or sity, including requirements of Federal national origin. law, relating to a transaction’s finan- (3) Conditioning the availability of a cial security or to protection against loan or other financial assistance on a default or reduction of the value of the person’s response to harassment be- security. Thus, this provision would cause of race, color, religion, sex, hand- not preclude considerations employed icap, familial status, or national ori- in normal and prudent transactions, gin. provided that no such factor may in (4) Subjecting a person to harassment any way relate to race, color, religion, because of race, color, religion, sex, sex, handicap, familial status or na- handicap, familial status, or national tional origin. origin that affects the availability of a loan or other financial assistance. § 100.130 Discrimination in the terms and conditions for making available [54 FR 3283, Jan. 23, 1989, as amended at 78 loans or other financial assistance. FR 11481, Feb. 15, 2013; 81 FR 63074, Sept. 14, (a) It shall be unlawful for any person 2016] or entity engaged in the making of loans or in the provision of other finan- § 100.125 Discrimination in the purchasing of loans. cial assistance relating to the purchase, construction, improvement, re- (a) It shall be unlawful for any person pair or maintenance of dwellings or or entity engaged in the purchasing of which are secured by residential real loans or other debts or securities which estate to impose different terms or support the purchase, construction, im- conditions for the availability of such provement, repair or maintenance of a loans or other financial assistance be- dwelling, or which are secured by resi- cause of race, color, religion, sex, hand- dential real estate, to refuse to pur- icap, familial status, or national ori- chase such loans, debts, or securities, gin. or to impose different terms or condi- (b) Unlawful conduct under this sections for such purchases, because of tion includes, but is not limited to: race, color, religion, sex, handicap, fa- (1) Using different policies, practices milial status, or national origin. or procedures in evaluating or in deter- (b) Unlawful conduct under this sec- mining creditworthiness of any person tion includes, but is not limited to: in connection with the provision of any (1) Purchasing loans or other debts or loan or other financial assistance for a securities which relate to, or which are dwelling or for any loan or other finan- secured by dwellings in certain com- cial assistance which is secured by resi- munities or neighborhoods but not in dential real estate because of race, others because of the race, color, reli- color, religion, sex, handicap, familial gion, sex, handicap, familial status, or status, or national origin. national origin of persons in such (2) Determining the type of loan or neighborhoods or communities. other financial assistance to be pro- (2) Pooling or packaging loans or vided with respect to a dwelling, or fix- other debts or securities which relate ing the amount, interest rate, cost, du- to, or which are secured by, dwellings ration or other terms or conditions for differently because of race, color, reli- a loan or other financial assistance for

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a dwelling or which is secured by resi- The appraisal includes all written com- dential real estate, because of race, ments and other documents submitted color, religion, sex, handicap, familial as support for the estimate or opinion status, or national origin. of value. (3) Servicing of loans or other finan- (c) Nothing in this section prohibits a cial assistance with respect to dwell- person engaged in the business of mak- ings in a manner that discriminates, or ing or furnishing appraisals of residen- servicing of loans or other financial as- tial real property from taking into con- sistance which are secured by residen- sideration factors other than race, tial real estate in a manner that dis- color, religion, sex, handicap, familial criminates, or providing such loans or status, or national origin. financial assistance with other terms (d) Practices which are unlawful or conditions that discriminate, be- under this section include, but are not cause of race, color, religion, sex, hand- limited to: icap, familial status, or national ori- (1) Using an appraisal of residential gin. (4) Conditioning an aspect of a loan real property in connection with the or other financial assistance to be pro- sale, rental, or financing of any dwell- vided with respect to a dwelling, or the ing where the person knows or reason- terms or conditions thereof, on a per- ably should know that the appraisal son’s response to harassment because improperly takes into consideration of race, color, religion, sex, handicap, race, color, religion, sex, handicap, fa- familial status, or national origin. milial status, or national origin. (5) Subjecting a person to harassment (2) Conditioning the terms of an ap- because of race, color, religion, sex, praisal of residential real property in handicap, familial status, or national connection with the sale, rental, or fi- origin that has the effect of imposing nancing of a dwelling on a person’s re- different terms or conditions for the sponse to harassment because of race, availability of such loans or other fi- color, religion, sex, handicap, familial nancial assistance. status, or national origin. [54 FR 3283, Jan. 23, 1989, as amended at 78 [54 FR 3283, Jan. 23, 1989, as amended at 81 FR 11481, Feb. 15, 2013; 81 FR 63074, Sept. 14, FR 63074, Sept. 14, 2016] 2016] § 100.140 General rules. § 100.135 Unlawful practices in the selling, brokering, or appraising of (a) Voluntary self-testing and correc- residential real property. tion. The report or results of a self-test (a) It shall be unlawful for any person a lender voluntarily conducts or au- or other entity whose business includes thorizes are privileged as provided in engaging in the selling, brokering or this subpart if the lender has taken or appraising of residential real property is taking appropriate corrective action to discriminate against any person in to address likely violations identified making available such services, or in by the self-test. Data collection re- the performance of such services, be- quired by law or any governmental au- cause of race, color, religion, sex, hand- thority (federal, state, or local) is not icap, familial status, or national ori- voluntary. gin. (b) Other privileges. This subpart does (b) For the purposes of this section, not abrogate any evidentiary privilege the term appraisal means an estimate otherwise provided by law. or opinion of the value of a specified [62 FR 66432, Dec. 18, 1997] residential real property made in a business context in connection with § 100.141 Definitions. the sale, rental, financing or refi- nancing of a dwelling or in connection As used in this subpart: with any activity that otherwise af- Lender means a person who engages fects the availability of a residential in a residential real estate-related real estate-related transaction, wheth- lending transaction. er the appraisal is oral or written, or Residential real estate-related lending transmitted formally or informally. transaction means the making of a loan:

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(1) For purchasing, constructing, im- § 100.143 Appropriate corrective ac- proving, repairing, or maintaining a tion. dwelling; or (a) The report or results of a self-test (2) Secured by residential real estate. are privileged as provided in this sub- Self-test means any program, practice part if the lender has taken or is tak- or study a lender voluntarily conducts ing appropriate corrective action to ad- or authorizes which is designed and dress likely violations identified by the used specifically to determine the ex- self-test. Appropriate corrective action tent or effectiveness of compliance is required when a self-test shows it is with the Fair Housing Act. The self- more likely than not that a violation test must create data or factual infor- occurred even though no violation was mation that is not available and can- adjudicated formally. not be derived from loan files, applica- (b) A lender must take action reason- tion files, or other residential real es- ably likely to remedy the cause and ef- tate-related lending transaction fect of the likely violation and must: records. Self-testing includes, but is (1) Identify the policies or practices not limited to, using fictitious credit that are the likely cause of the viola- applicants (testers) or conducting sur- tion, such as inadequate or improper veys of applicants or customers, nor is lending policies, failure to implement it limited to the pre-application stage established policies, employee conduct, of loan processing. or other causes; and (2) Assess the extent and scope of any [62 FR 66432, Dec. 18, 1997] likely violation, by determining which § 100.142 Types of information. areas of operation are likely to be affected by those policies and practices, (a) The privilege under this subpart such as stages of the loan application covers: process, types of loans, or the par- (1) The report or results of the self- ticular branch where the likely viola- test; tion has occurred. Generally, the scope (2) Data or factual information cre- of the self-test governs the scope of the ated by the self-test; appropriate corrective action. (3) Workpapers, draft documents and (c) Appropriate corrective action final documents; may include both prospective and re- (4) Analyses, opinions, and conclu- medial relief, except that to establish a sions if they directly result from the privilege under this subpart: self-test report or results. (1) A lender is not required to provide (b) The privilege does not cover: remedial relief to a tester in a self-test; (1) Information about whether a lend- (2) A lender is only required to pro- er conducted a self-test, the method- vide remedial relief to an applicant ology used or scope of the self-test, the identified by the self-test as one whose time period covered by the self-test or rights were more likely than not vio- the dates it was conducted; lated; (2) Loan files and application files, or (3) A lender is not required to provide other residential real estate-related remedial relief to a particular appli- lending transaction records (e.g., prop- cant if the statute of limitations appli- erty appraisal reports, loan committee cable to the violation expired before the lender obtained the results of the meeting minutes or other documents self-test or the applicant is otherwise reflecting the basis for a decision to ineligible for such relief. approve or deny a loan application, (d) Depending on the facts involved, loan policies or procedures, under- appropriate corrective action may in- writing standards, compensation clude, but is not limited to, one or records) and information or data de- more of the following: rived from such files and records, even if such data has been aggregated, sum- (1) If the self-test identifies individuals whose applications were inappro- marized or reorganized to facilitate priately processed, offering to extend analysis. credit if the applications were improp- [62 FR 66432, Dec. 18, 1997] erly denied; compensating such persons

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for any damages, both out-of-pocket determine whether the privilege ap- and compensatory; plies. (2) Correcting any institutional poli- (b) Disclosures or other actions un- cies or procedures that may have con- dertaken to carry out appropriate cor- tributed to the likely violation, and rective action do not cause the lender adopting new policies as appropriate; to lose the privilege. (3) Identifying, and then training and/or disciplining the employees in- [62 FR 66432, Dec. 18, 1997] volved; § 100.146 Limited use of privileged in- (4) Developing outreach programs, formation. marketing strategies, or loan products to serve more effectively the segments Notwithstanding § 100.145, the self- of the lender’s market that may have test report or results may be obtained been affected by the likely violation; and used by an aggrieved person, appli- and cant, department or agency solely to (5) Improving audit and oversight determine a penalty or remedy after systems to avoid a recurrence of the the violation of the Fair Housing Act likely violations. has been adjudicated or admitted. Dis- (e) Determination of appropriate cor- closures for this limited purpose may rective action is fact-based. Not every be used only for the particular pro- corrective measure listed in paragraph ceeding in which the adjudication or (d) of this section need be taken for admission is made. Information dis- each likely violation. closed under this section remains oth- (f) Taking appropriate corrective ac- erwise privileged under this subpart. tion is not an admission by a lender [62 FR 66433, Dec. 18, 1997] that a violation occurred. [62 FR 66432, Dec. 18, 1997] § 100.147 Adjudication. An aggrieved person, complainant, § 100.144 Scope of privilege. department or agency that challenges The report or results of a self-test a privilege asserted under § 100.144 may may not be obtained or used by an ag- seek a determination of the existence grieved person, complainant, depart- and application of that privilege in: ment or agency in any: (a) A court of competent jurisdiction; (a) Proceeding or civil action in or which a violation of the Fair Housing (b) An administrative law proceeding Act is alleged; or with appropriate jurisdiction. (b) Examination or investigation relating to compliance with the Fair [62 FR 66433, Dec. 18, 1997] Housing Act. § 100.148 Effective date. [62 FR 66432, Dec. 18, 1997] The privilege under this subpart ap- § 100.145 Loss of privilege. plies to self-tests conducted both before and after January 30, 1998, except (a) The self-test report or results are that a self-test conducted before Janu- not privileged under this subpart if the ary 30, 1998 is not privileged: lender or person with lawful access to (a) If there was a court action or ad- the report or results: ministrative proceeding before Janu- (1) Voluntarily discloses any part of ary 30, 1998, including the filing of a the report or results or any other infor- complaint alleging a violation of the mation privileged under this subpart to Fair Housing Act with the Department any aggrieved person, complainant, de- or a substantially equivalent state or partment, agency, or to the public; or local agency; or (2) Discloses the report or results or (b) If any part of the report or results any other information privileged under were disclosed before January 30, 1998 this subpart as a defense to charges a to any aggrieved person, complainant, lender violated the Fair Housing Act; department or agency, or to the gen- or eral public. (3) Fails or is unable to produce self- test records or information needed to [62 FR 66433, Dec. 18, 1997]

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Subpart D—Prohibition Against building that is connected by an acces- Discrimination Because of sible route to public transportation Handicap stops, to accessible parking and pas- senger loading zones, or to public § 100.200 Purpose. streets or sidewalks, if available. A The purpose of this subpart is to ef- building entrance that complies with fectuate sections 6 (a) and (b) and 15 of ICC/ANSI A117.1–2003 (incorporated by the Fair Housing Amendments Act of reference at § 100.201a), ICC/ANSI 1988. A117.1–1998 (incorporated by reference at § 100.201a), CABO/ANSI A117.1–1992 § 100.201 Definitions. (incorporated by reference at As used in this subpart: § 100.201a), ANSI A117.1–1986 (incor- Accessible, when used with respect to porated by reference at § 100.201a), or a the public and common use areas of a comparable standard complies with the building containing covered multi- requirements of this paragraph. family dwellings, means that the pub- Common use areas means rooms, lic or common use areas of the building spaces or elements inside or outside of can be approached, entered, and used a building that are made available for by individuals with physical disabil- the use of residents of a building or the ities. The phrase ‘‘readily accessible to guests thereof. These areas include and usable by’’ is synonymous with ac- hallways, lounges, lobbies, laundry cessible. A public or common use area rooms, refuse rooms, mail rooms, rec- that complies with the appropriate re- reational areas and passageways quirements of ICC/ANSI A117.1–2003 (in- among and between buildings. corporated by reference at § 100.201a), Controlled substance means any drug ICC/ANSI A117.1–1998 (incorporated by or other substance, or immediate pre- reference at § 100.201a), CABO/ANSI cursor included in the definition in sec- A117.1–1992 (incorporated by reference tion 102 of the Controlled Substances at § 100.201a), ANSI A117.1–1986 (incor- Act (21 U.S.C. 802). porated by reference at § 100.201a), or a Covered multifamily dwellings means comparable standard is deemed buildings consisting of 4 or more dwell- ‘‘accessible’’ within the meaning of this ing units if such buildings have one or paragraph. more elevators; and ground floor dwell- Accessible route means a continuous ing units in other buildings consisting unobstructed path connecting acces- of 4 or more dwelling units. sible elements and spaces in a building Dwelling unit means a single unit of or within a site that can be negotiated residence for a family or one or more by a person with a severe disability persons. Examples of dwelling units in- using a wheelchair and that is also safe clude: a single family home; an apart- for and usable by people with other disabilities. Interior accessible routes ment unit within an apartment build- may include corridors, floors, ramps, ing; and in other types of dwellings in elevators, and lifts. Exterior accessible which sleeping accommodations are routes may include parking access provided but toileting or cooking fa- aisles, curb ramps, walks, ramps, and cilities are shared by occupants of lifts. A route that complies with the more than one room or portion of the appropriate requirements of ICC/ANSI dwelling, rooms in which people sleep. A117.1–2003 (incorporated by reference Examples of the latter include dor- at § 100.201a), ICC/ANSI A117.1–1998 (in- mitory rooms and sleeping accom- corporated by reference at § 100.201a), modations in shelters intended for oc- CABO/ANSI A117.1–1992, ANSI A117.1– cupancy as a residence for homeless 1986 (incorporated by reference at persons. § 100.201a), or a comparable standard is Entrance means any access point to a an ‘‘accessible route.’’ building or portion of a building used Building means a structure, facility by residents for the purpose of enter- or portion thereof that contains or ing. serves one or more dwelling units. Exterior means all areas of the prem- Building entrance on an accessible ises outside of an individual dwelling route means an accessible entrance to a unit.

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First occupancy means a building that (d) Is regarded as having an impairment has never before been used for any pur- means: pose. (1) Has a physical or mental impair- Ground floor means a floor of a build- ment that does not substantially limit ing with a building entrance on an ac- one or more major life activities but cessible route. A building may have that is treated by another person as more than one ground floor. constituting such a limitation; Handicap means, with respect to a (2) Has a physical or mental impair- person, a physical or mental impairment that substantially limits one or ment which substantially limits one or more major life activities only as a re- more major life activities; a record of sult of the attitudes of other toward such an impairment; or being regarded such impairment; or as having such an impairment. This (3) Has none of the impairments de- term does not include current, illegal fined in paragraph (a) of this definition use of or addiction to a controlled sub- but is treated by another person as stance. For purposes of this part, an in- having such an impairment. dividual shall not be considered to have Interior means the spaces, parts, com- a handicap solely because that indi- ponents or elements of an individual vidual is a transvestite. As used in this dwelling unit. definition: Modification means any change to the (a) Physical or mental impairment in- public or common use areas of a build- cludes: ing or any change to a dwelling unit. (1) Any physiological disorder or con- Premises means the interior or exte- dition, cosmetic disfigurement, or ana- rior spaces, parts, components or ele- tomical loss affecting one or more of ments of a building, including indi- the following body systems: Neuro- vidual dwelling units and the public logical; musculoskeletal; special sense and common use areas of a building. organs; respiratory, including speech Public use areas means interior or ex- organs; cardiovascular; reproductive; terior rooms or spaces of a building digestive; genito-urinary; hemic and that are made available to the general lymphatic; skin; and endocrine; or public. Public use may be provided at a (2) Any mental or psychological dis- building that is privately or publicly order, such as mental retardation, or- owned. ganic brain syndrome, emotional or Site means a parcel of land bounded mental illness, and specific learning by a property line or a designated por- disabilities. The term physical or mental tion of a public right or way. impairment includes, but is not limited [54 FR 3283, Jan. 23, 1989, as amended at 69 to, such diseases and conditions as or- FR 18803, Apr. 9, 2004; 73 FR 63615, Oct. 24, thopedic, visual, speech and hearing 2008] impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple § 100.201a Incorporation by reference. sclerosis, cancer, heart disease, diabe- (a) The following standards are incor- tes, Human Immunodeficiency Virus porated by reference into 24 CFR part infection, mental retardation, emo- 100 pursuant to 5 U.S.C. 552(a) and 1 tional illness, drug addiction (other CFR part 51, as though set forth in full. than addiction caused by current, ille- The incorporation by reference of these gal use of a controlled substance) and standards has been approved by the Di- alcoholism. rector of the Federal Register. The ef- (b) Major life activities means func- fect of compliance with these standards tions such as caring for one’s self, per- is as stated in 24 CFR 100.205. forming manual tasks, walking, seeing, (b) The addresses of organizations hearing, speaking, breathing, learning from which the referenced standards and working. can be obtained appear below: (c) Has a record of such an impairment (1) American National Standard: Ac- means has a history of, or has been cessible and Usable Buildings and Fa- misclassified as having, a mental or cilities, 2003 edition, (ICC/ANSI A117.1– physical impairment that substantially 2003), may be obtained from the Inter- limits one or more major life activi- national Code Council, 500 New Jersey ties. Avenue, NW., 6th Floor, Washington,

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DC 20001–2070, telephone number 1–888– (1) That buyer or renter; 422–7233, http://www.iccsafe.org/e/cat- (2) A person residing in or intending egory.html. to reside in that dwelling after it is so (2) American National Standard: Ac- sold, rented, or made available; or cessible and Usable Buildings and Fa- (3) Any person associated with that cilities, 1998 edition, (ICC/ANSI A117.1– person. 1998), may be obtained from the Inter- (c) It shall be unlawful to make an national Code Council, 500 New Jersey inquiry to determine whether an appli- Avenue, NW., 6th Floor, Washington, cant for a dwelling, a person intending DC 20001–2070, telephone number 1–888– to reside in that dwelling after it is so 422–7233, http://www.iccsafe.org/e/cat- sold, rented or made available, or any egory.html. person associated with that person, has (3) American National Standard: Ac- a handicap or to make inquiry as to cessible and Usable Buildings and Fa- the nature or severity of a handicap of cilities, 1992 edition, (CABO/ANSI such a person. However, this paragraph A117.1–1992), may be obtained from the does not prohibit the following inquir- International Code Council, 500 New ies, provided these inquiries are made Jersey Avenue, NW., 6th Floor, Wash- of all applicants, whether or not they ington, DC 20001–2070, telephone num- have handicaps: ber 1–888–422–7233, http://www.iccsafe.org/ (1) Inquiry into an applicant’s ability e/category.html. to meet the requirements of ownership (4) American National Standard for or tenancy; Buildings and Facilities: Providing Ac- (2) Inquiry to determine whether an cessibility and Usability for Physically applicant is qualified for a dwelling Handicapped People, 1986 edition, available only to persons with handi- (ANSI A117.1–1986) may be obtained caps or to persons with a particular from Global Engineering Documents, 15 type of handicap; Inverness Way East, Englewood, CO (3) Inquiry to determine whether an 80112, telephone number 1–800–854–7179, applicant for a dwelling is qualified for global.ihs.com. a priority available to persons with (c) The 1986, 1992, 1998, and 2003 edi- handicaps or to persons with a par- tions of ANSI A117.1 may be inspected ticular type of handicap; at the Department of Housing and (4) Inquiring whether an applicant for Urban Development, 451 Seventh a dwelling is a current illegal abuser or Street, SW., Room 5240, Washington, addict of a controlled substance; DC 20410–0001, telephone number 202– (5) Inquiring whether an applicant 708–2333. has been convicted of the illegal manu- [73 FR 63615, Oct. 24, 2008] facture or distribution of a controlled substance. § 100.202 General prohibitions against (d) Nothing in this subpart requires discrimination because of handicap. that a dwelling be made available to an (a) It shall be unlawful to discrimi- individual whose tenancy would con- nate in the sale or rental, or to other- stitute a direct threat to the health or wise make unavailable or deny, a safety of other individuals or whose dwelling to any buyer or renter be- tenancy would result in substantial cause of a handicap of— physical damage to the property of (1) That buyer or renter; others. (2) A person residing in or intending to reside in that dwelling after it is so § 100.203 Reasonable modifications of sold, rented, or made available; or existing premises. (3) Any person associated with that (a) It shall be unlawful for any person person. to refuse to permit, at the expense of a (b) It shall be unlawful to discrimi- handicapped person, reasonable modi- nate against any person in the terms, fications of existing premises, occupied conditions, or privileges of the sale or or to be occupied by a handicapped per- rental of a dwelling, or in the provision son, if the proposed modifications may of services or facilities in connection be necessary to afford the handicapped with such dwelling, because of a handi- person full enjoyment of the premises cap of— of a dwelling. In the case of a rental,

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the landlord may, where it is reason- bathroom door in the dwelling unit is too able to do so, condition permission for narrow to permit the wheelchair to pass. The a modification on the renter agreeing applicant asks the landlord for permission to to restore the interior of the premises widen the doorway at the applicant’s own expense. It is unlawful for the landlord to to the condition that existed before the refuse to permit the applicant to make the modification, reasonable wear and tear modification. Further, the landlord may not, excepted. The landlord may not in- in usual circumstances, condition permission crease for handicapped persons any for the modification on the applicant paying customarily required security deposit. for the doorway to be narrowed at the end of However, where it is necessary in order the lease because a wider doorway will not to ensure with reasonable certainty interfere with the landlord’s or the next ten- that funds will be available to pay for ant’s use and enjoyment of the premises. the restorations at the end of the ten- § 100.204 Reasonable accommodations. ancy, the landlord may negotiate as part of such a restoration agreement a (a) It shall be unlawful for any person provision requiring that the tenant pay to refuse to make reasonable accom- into an interest bearing escrow ac- modations in rules, policies, practices, count, over a reasonable period, a rea- or services, when such accommodations sonable amount of money not to exceed may be necessary to afford a handi- the cost of the restorations. The inter- capped person equal opportunity to use est in any such account shall accrue to and enjoy a dwelling unit, including the benefit of the tenant. public and common use areas. (b) A landlord may condition permis- (b) The application of this section sion for a modification on the renter may be illustrated by the following ex- providing a reasonable description of amples: the proposed modifications as well as Example (1): A blind applicant for rental reasonable assurances that the work housing wants live in a dwelling unit with a will be done in a workmanlike manner seeing eye dog. The building has a no pets and that any required building permits policy. It is a violation of § 100.204 for the will be obtained. owner or manager of the apartment complex to refuse to permit the applicant to live in (c) The application of paragraph (a) the apartment with a seeing eye dog because, of this section may be illustrated by without the seeing eye dog, the blind person the following examples: will not have an equal opportunity to use and enjoy a dwelling. Example (1): A tenant with a handicap asks Example (2): Progress Gardens is a 300 unit his or her landlord for permission to install apartment complex with 450 parking spaces grab bars in the bathroom at his or her own which are available to tenants and guests of expense. It is necessary to reinforce the Progress Gardens on a first come first served walls with blocking between studs in order basis. John applies for housing in Progress to affix the grab bars. It is unlawful for the Gardens. John is mobility impaired and is landlord to refuse to permit the tenant, at unable to walk more than a short distance the tenant’s own expense, from making the and therefore requests that a parking space modifications necessary to add the grab bars. near his unit be reserved for him so he will However, the landlord may condition permis- not have to walk very far to get to his apart- sion for the modification on the tenant ment. It is a violation of § 100.204 for the agreeing to restore the bathroom to the con- owner or manager of Progress Gardens to dition that existed before the modification, refuse to make this accommodation. With- reasonable wear and tear excepted. It would out a reserved space, John might be unable be reasonable for the landlord to require the to live in Progress Gardens at all or, when he tenant to remove the grab bars at the end of has to park in a space far from his unit, the tenancy. The landlord may also reason- might have great difficulty getting from his ably require that the wall to which the grab car to his apartment unit. The accommoda- bars are to be attached be repaired and re- tion therefore is necessary to afford John an stored to its original condition, reasonable equal opportunity to use and enjoy a dwell- wear and tear excepted. However, it would be ing. The accommodation is reasonable be- unreasonable for the landlord to require the cause it is feasible and practical under the tenant to remove the blocking, since the re- circumstances. inforced walls will not interfere in any way with the landlord’s or the next tenant’s use § 100.205 Design and construction re- and enjoyment of the premises and may be quirements. needed by some future tenant. Example (2): An applicant for rental hous- (a) Covered multifamily dwellings for ing has a child who uses a wheelchair. The first occupancy after March 13, 1991

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shall be designed and constructed to (c) All covered multifamily dwellings have at least one building entrance on for first occupancy after March 13, 1991 an accessible route unless it is imprac- with a building entrance on an acces- tical to do so because of the terrain or sible route shall be designed and con- unusual characteristics of the site. For structed in such a manner that— purposes of this section, a covered mul- (1) The public and common use areas tifamily dwelling shall be deemed to be are readily accessible to and usable by designed and constructed for first occu- handicapped persons; pancy on or before March 13, 1991, if the (2) All the doors designed to allow dwelling is occupied by that date, or if passage into and within all premises the last building permit or renewal are sufficiently wide to allow passage thereof for the dwelling is issued by a by handicapped persons in wheelchairs; State, County or local government on and or before June 15, 1990. The burden of (3) All premises within covered mul- establishing impracticality because of tifamily dwelling units contain the fol- terrain or unusual site characteristics lowing features of adaptable design: is on the person or persons who de- (i) An accessible route into and signed or constructed the housing facil- through the covered dwelling unit; ity. (ii) Light switches, electrical outlets, (b) The application of paragraph (a) thermostats, and other environmental of this section may be illustrated by controls in accessible locations; the following examples: (iii) Reinforcements in bathroom Example (1): A real estate developer plans walls to allow later installation of grab to construct six covered multifamily dwell- bars around the toilet, tub, shower, ing units on a site with a hilly terrain. Be- stall and shower seat, where such fa- cause of the terrain, it will be necessary to cilities are provided; and climb a long and steep stairway in order to enter the dwellings. Since there is no prac- (iv) Usable kitchens and bathrooms tical way to provide an accessible route to such that an individual in a wheelchair any of the dwellings, one need not be pro- can maneuver about the space. vided. (d) The application of paragraph (c) Example (2): A real estate developer plans of this section may be illustrated by to construct a building consisting of 10 units the following examples: of multifamily housing on a waterfront site that floods frequently. Because of this un- Example (1): A developer plans to construct usual characteristic of the site, the builder a 100 unit condominium apartment building plans to construct the building on stilts. It is with one elevator. In accordance with para- customary for housing in the geographic graph (a), the building has at least one acces- area where the site is located to be built on sible route leading to an accessible entrance. stilts. The housing may lawfully be con- All 100 units are covered multifamily dwell- structed on the proposed site on stilts even ing units and they all must be designed and though this means that there will be no constructed so that they comply with the ac- practical way to provide an accessible route cessibility requirements of paragraph (c) of to the building entrance. this section. Example (3): A real estate developer plans Example (2): A developer plans to construct to construct a multifamily housing facility 30 garden apartments in a three story build- on a particular site. The developer would ing. The building will not have an elevator. like the facility to be built on the site to The building will have one accessible en- contain as many units as possible. Because trance which will be on the first floor. Since of the configuration and terrain of the site, the building does not have an elevator, only it is possible to construct a building with 105 the ground floor units are covered multi- units on the site provided the site does not family units. The ground floor is the first have an accessible route leading to the build- floor because that is the floor that has an ac- ing entrance. It is also possible to construct cessible entrance. All of the dwelling units a building on the site with an accessible on the first floor must meet the accessibility route leading to the building entrance. How- requirements of paragraph (c) of this section ever, such a building would have no more and must have access to at least one of each than 100 dwelling units. The building to be type of public or common use area available constructed on the site must have a building for residents in the building. entrance on an accessible route because it is not impractical to provide such an entrance (e)(1) Compliance with the appro- because of the terrain or unusual character- priate requirements of ICC/ANSI istics of the site. A117.1–2003 (incorporated by reference

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at § 100.201a), ICC/ANSI A117.1–1998 (in- (vi) 2006 International Building Code; corporated by reference at § 100.201a), published by ICC, January 2006, with CABO/ANSI A117.1–1992 (incorporated the January 31, 2007, erratum to cor- by reference at § 100.201a), or ANSI rect the text missing from Section A117.1–1986 (incorporated by reference 1107.7.5, if adopted without modifica- at § 100.201a) suffices to satisfy the re- tion and without waiver of any of the quirements of paragraph (c)(3) of this provisions intended to address the Fair section. Housing Act’s design and construction (2) The following also qualify as requirements, and interpreted in ac- HUD-recognized safe harbors for com- cordance with the relevant 2006 IBC pliance with the Fair Housing Act de- Commentary; sign and construction requirements: (3) Compliance with any other safe (i) Fair Housing Accessibility Guide- harbor recognized by HUD in the future lines, March 6, 1991, in conjunction and announced in the FEDERAL REG- with the Supplement to Notice of Fair ISTER will also suffice to satisfy the re- Housing Accessibility Guidelines: quirements of paragraph (c)(3) of this Questions and Answers About the section. Guidelines, June 28, 1994; (ii) Fair Housing Act Design Manual, (f) Compliance with a duly enacted published by HUD in 1996, updated in law of a State or unit of general local 1998; government that includes the require- (iii) 2000 ICC Code Requirements for ments of paragraphs (a) and (c) of this Housing Accessibility (CRHA), pub- section satisfies the requirements of lished by the International Code Coun- paragraphs (a) and (c) of this section. cil (ICC), October 2000 (with corrections (g)(1) It is the policy of HUD to en- contained in ICC-issued errata sheet), courage States and units of general if adopted without modification and local government to include, in their without waiver of any of the provi- existing procedures for the review and sions; approval of newly constructed covered (iv) 2000 International Building Code multifamily dwellings, determinations (IBC), as amended by the 2001 Supple- as to whether the design and construc- ment to the International Building tion of such dwellings are consistent Code (2001 IBC Supplement), if adopted with paragraphs (a) and (c) of this sec- without modification and without tion. waiver of any of the provisions in- (2) A State or unit of general local tended to address the Fair Housing government may review and approve Act’s design and construction require- newly constructed multifamily dwell- ments; ings for the purpose of making deter- (v) 2003 International Building Code minations as to whether the require- (IBC), if adopted without modification ments of paragraphs (a) and (c) of this and without waiver of any of the provi- section are met. sions intended to address the Fair (h) Determinations of compliance or Housing Act’s design and construction noncompliance by a State or a unit of requirements, and conditioned upon general local government under para- the ICC publishing and distributing a graph (f) or (g) of this section are not statement to jurisdictions and past and conclusive in enforcement proceedings future purchasers of the 2003 IBC stat- under the Fair Housing Amendments ing, ‘‘ICC interprets Section 1104.1, and Act. specifically, the Exception to Section (i) This subpart does not invalidate 1104.1, to be read together with Section or limit any law of a State or political 1107.4, and that the Code requires an subdivision of a State that requires accessible pedestrian route from site arrival points to accessible building en- dwellings to be designed and con- trances, unless site impracticality ap- structed in a manner that affords plies. Exception 1 to Section 1107.4 is handicapped persons greater access not applicable to site arrival points for than is required by this subpart. any Type B dwelling units because site [54 FR 3283, Jan. 23, 1989, as amended at 56 impracticality is addressed under Sec- FR 11665, Mar. 20, 1991; 73 FR 63616, Oct. 24, tion 1107.7.’’ 2008]

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Subpart E—Housing for Older Example (1): John and Mary apply for housing at the Vista Heights apartment complex Persons which is an elderly housing complex operated for persons 62 years of age or older. § 100.300 Purpose. John is 62 years of age. Mary is 59 years of The purpose of this subpart is to ef- age. If Vista Heights wishes to retain its ‘‘62 fectuate the exemption in the Fair or over’’ exemption it must refuse to rent to John and Mary because Mary is under 62 Housing Amendments Act of 1988 that years of age. However, if Vista Heights does relates to housing for older persons. rent to John and Mary, it might qualify for the ‘‘55 or over’’ exemption in § 100.304. § 100.301 Exemption. Example (2): The Blueberry Hill retirement (a) The provisions regarding familial community has 100 dwelling units. On Sep- tember 13, 1988, 15 units were vacant and 35 status in this part do not apply to units were occupied with at least one person housing which satisfies the require- who is under 62 years of age. The remaining ments of §§ 100.302, 100.303 or § 100.304. 50 units were occupied by persons who were (b) Nothing in this part limits the ap- all 62 years of age or older. Blueberry Hill plicability of any reasonable local, can qualify for the ‘‘62 or over’’ exemption as State, or Federal restrictions regarding long as all units that were occupied after the maximum number of occupants September 13, 1988 are occupied by persons who were 62 years of age or older. The people permitted to occupy a dwelling. under 62 in the 35 units previously described need not be required to leave for Blueberry § 100.302 State and Federal elderly Hill to qualify for the ‘‘62 or over’’ exemp- housing programs. tion. The provisions regarding familial status in this part shall not apply to § 100.304 Housing for persons who are 55 years of age or older. housing provided under any Federal or State program that the Secretary de- (a) The provisions regarding familial termines is specifically designed and status in this part shall not apply to operated to assist elderly persons, as housing intended and operated for per- defined in the State or Federal pro- sons 55 years of age or older. Housing gram. qualifies for this exemption if: (1) The alleged violation occurred be- § 100.303 62 or over housing. fore December 28, 1995 and the housing community or facility complied with (a) The provisions regarding familial the HUD regulations in effect at the status in this part shall not apply to time of the alleged violation; or housing intended for, and solely occu- (2) The alleged violation occurred on pied by, persons 62 years of age or or after December 28, 1995 and the older. Housing satisfies the require- housing community or facility com- ments of this section even though: plies with: (1) There are persons residing in such (i) Section 807(b)(2)(C) (42 U.S.C. housing on September 13, 1988 who are 3607(b)) of the Fair Housing Act as under 62 years of age, provided that all amended; and new occupants are persons 62 years of (ii) 24 CFR 100.305, 100.306, and 100.307. age or older; (b) For purposes of this subpart, (2) There are unoccupied units, pro- housing facility or community means any vided that such units are reserved for dwelling or group of dwelling units occupancy by persons 62 years of age or governed by a common set of rules, over; regulations or restrictions. A portion (3) There are units occupied by em- or portions of a single building shall ployees of the housing (and family not constitute a housing facility or members residing in the same unit) community. Examples of a housing fa- who are under 62 years of age provided cility or community include, but are they perform substantial duties di- not limited to: rectly related to the management or (1) A condominium association; maintenance of the housing. (2) A cooperative; (b) The following examples illustrate (3) A property governed by a home- the application of paragraph (a) of this owners’ or resident association; section: (4) A municipally zoned area;

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(5) A leased property under common occupants after September 13, 1988 are private ownership; occupied by at least one person 55 (6) A mobile home park; and years of age or older. (7) A manufactured housing commu- (2) There are unoccupied units, pro- nity. vided that at least 80 percent of the oc- (c) For purposes of this subpart, older cupied units are occupied by at least person means a person 55 years of age one person 55 years of age or older. or older. (3) There are units occupied by employees of the housing facility or com- [64 FR 16329, Apr. 2, 1999] munity (and family members residing § 100.305 80 percent occupancy. in the same unit) who are under 55 years of age, provided the employees (a) In order for a housing facility or perform substantial duties related to community to qualify as housing for the management or maintenance of the older persons under § 100.304, at least 80 facility or community. percent of its occupied units must be (4) There are units occupied by per- occupied by at least one person 55 sons who are necessary to provide a years of age or older. reasonable accommodation to disabled (b) For purposes of this subpart, occu- residents as required by § 100.204 and pied unit means: who are under the age of 55. (1) A dwelling unit that is actually (5) For a period expiring one year occupied by one or more persons on the from the effective date of this final date that the exemption is claimed; or regulation, there are insufficient units (2) A temporarily vacant unit, if the occupied by at least one person 55 primary occupant has resided in the years of age or older, but the housing unit during the past year and intends facility or community, at the time the to return on a periodic basis. exemption is asserted: (c) For purposes of this subpart, occu- (i) Has reserved all unoccupied units pied by at least one person 55 years of age for occupancy by at least one person 55 or older means that on the date the ex- years of age or older until at least 80 emption for housing designed for per- percent of the units are occupied by at sons who are 55 years of age or older is least one person who is 55 years of age claimed: (1) At least one occupant of the or older; and (ii) Meets the requirements of dwelling unit is 55 years of age or §§ 100.304, 100.306, and 100.307. older; or (f) For purposes of the transition pro- (2) If the dwelling unit is temporarily vision described in § 100.305(e)(5), a vacant, at least one of the occupants housing facility or community may not immediately prior to the date on which evict, refuse to renew leases, or other- the unit was temporarily vacated was wise penalize families with children 55 years of age or older. (d) Newly constructed housing for who reside in the facility or commu- first occupancy after March 12, 1989 nity in order to achieve occupancy of need not comply with the requirements at least 80 percent of the occupied of this section until at least 25 percent units by at least one person 55 years of of the units are occupied. For purposes age or older. (g) Where application of the 80 per- of this section, newly constructed cent rule results in a fraction of a unit, housing includes a facility or commu- that unit shall be considered to be in- nity that has been wholly unoccupied cluded in the units that must be occu- for at least 90 days prior to re-occupied by at least one person 55 years of pancy due to renovation or rehabilita- age or older. tion. (h) Each housing facility or commu- (e) Housing satisfies the require- nity may determine the age restric- ments of this section even though: (1) On September 13, 1988, under 80 tion, if any, for units that are not occu- percent of the occupied units in the pied by at least one person 55 years of housing facility or community were oc- age or older, so long as the housing fa- cupied by at least one person 55 years cility or community complies with the of age or older, provided that at least provisions of § 100.306. 80 percent of the units occupied by new [64 FR 16329, Apr. 2, 1999]

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§ 100.306 Intent to operate as housing § 100.307 Verification of occupancy. designed for persons who are 55 years of age or older. (a) In order for a housing facility or community to qualify as housing for (a) In order for a housing facility or persons 55 years of age or older, it must community to qualify as housing de- be able to produce, in response to a signed for persons who are 55 years of complaint filed under this title, age or older, it must publish and ad- verification of compliance with § 100.305 here to policies and procedures that through reliable surveys and affidavits. demonstrate its intent to operate as housing for persons 55 years of age or (b) A facility or community shall, older. The following factors, among within 180 days of the effective date of others, are considered relevant in de- this rule, develop procedures for rou- termining whether the housing facility tinely determining the occupancy of or community has complied with this each unit, including the identification requirement: of whether at least one occupant of (1) The manner in which the housing each unit is 55 years of age or older. facility or community is described to Such procedures may be part of a nor- prospective residents; mal leasing or purchasing arrange- (2) Any advertising designed to at- ment. tract prospective residents; (c) The procedures described in para- (3) Lease provisions; graph (b) of this section must provide (4) Written rules, regulations, cov- for regular updates, through surveys or enants, deed or other restrictions; other means, of the initial information (5) The maintenance and consistent supplied by the occupants of the hous- application of relevant procedures; ing facility or community. Such up- (6) Actual practices of the housing fa- dates must take place at least once cility or community; and every two years. A survey may include (7) Public posting in common areas of information regarding whether any statements describing the facility or units are occupied by persons described community as housing for persons 55 in paragraphs (e)(1), (e)(3), and (e)(4) of years of age or older. § 100.305. (b) Phrases such as ‘‘adult living’’, (d) Any of the following documents ‘‘adult community’’, or similar state- are considered reliable documentation ments in any written advertisement or of the age of the occupants of the hous- prospectus are not consistent with the ing facility or community: intent that the housing facility or (1) Driver’s license; community intends to operate as hous- (2) Birth certificate; ing for persons 55 years of age or older. (3) Passport; (c) If there is language in deed or (4) Immigration card; other community or facility docu- (5) Military identification; ments which is inconsistent with the (6) Any other state, local, national, intent to provide housing for persons who are 55 years of age or older hous- or international official documents ing, HUD shall consider documented containing a birth date of comparable evidence of a good faith attempt to re- reliability; or move such language in determining (7) A certification in a lease, applica- whether the housing facility or com- tion, affidavit, or other document munity complies with the require- signed by any member of the household ments of this section in conjunction age 18 or older asserting that at least with other evidence of intent. one person in the unit is 55 years of age (d) A housing facility or community or older. may allow occupancy by families with (e) A facility or community shall children as long as it meets the re- consider any one of the forms of quirements of §§ 100.305 and 100.306(a). verification identified above as ade- quate for verification of age, provided (Approved by the Office of Management and Budget under control number 2529–0046) that it contains specific information about current age or date of birth. [64 FR 16330, Apr. 2, 1999]

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(f) The housing facility or commu- or affirmation, to the person subse- nity must establish and maintain ap- quently claiming the defense that it propriate policies to require that occu- complies with the requirements for pants comply with the age verification such an exemption as housing for per- procedures required by this section. sons 55 years of age or older in order (g) If the occupants of a particular for such person to claim the defense. dwelling unit refuse to comply with the (3) For purposes of this section, an age verification procedures, the hous- authorized representative of a housing ing facility or community may, if it facility or community means the indi- has sufficient evidence, consider the vidual, committee, management com- unit to be occupied by at least one per- pany, owner, or other entity having the son 55 years of age or older. Such evi- responsibility for adherence to the re- dence may include: quirements established by this subpart. (1) Government records or docu- (4) For purposes of this section, a per- ments, such as a local household cen- son means a natural person. sus; (2) Prior forms or applications; or (5) A person shall not be entitled to (3) A statement from an individual the good faith defense if the person has who has personal knowledge of the age actual knowledge that the housing fa- of the occupants. The individual’s cility or community does not, or will statement must set forth the basis for not, qualify as housing for persons 55 such knowledge and be signed under years of age or older. Such a person the penalty of perjury. will be ineligible for the good faith de- (h) Surveys and verification proce- fense regardless of whether the person dures which comply with the require- received the written assurance de- ments of this section shall be admis- scribed in paragraph (b) of this section. sible in administrative and judicial [64 FR 16330, Apr. 2, 1999] proceedings for the purpose of verifying occupancy. (i) A summary of occupancy surveys Subpart F—Interference, Coercion shall be available for inspection upon or Intimidation reasonable notice and request by any person. § 100.400 Prohibited interference, coercion or intimidation. (Approved by the Office of Management and Budget under control number 2529–0046) (a) This subpart provides the Depart- ment’s interpretation of the conduct [64 FR 16330, Apr. 2, 1999] that is unlawful under section 818 of § 100.308 Good faith defense against the Fair Housing Act. civil money damages. (b) It shall be unlawful to coerce, in- (a) A person shall not be held person- timidate, threaten, or interfere with ally liable for monetary damages for any person in the exercise or enjoy- discriminating on the basis of familial ment of, or on account of that person status, if the person acted with the having exercised or enjoyed, or on ac- good faith belief that the housing facil- count of that person having aided or ity or community qualified for a hous- encouraged any other person in the ex- ing for older persons exemption under ercise or enjoyment of, any right this subpart. granted or protected by this part. (b)(1) A person claiming the good (c) Conduct made unlawful under this faith belief defense must have actual section includes, but is not limited to, knowledge that the housing facility or the following: community has, through an authorized (1) Coercing a person, either orally, representative, asserted in writing that in writing, or by other means, to deny it qualifies for a housing for older per- or limit the benefits provided that persons exemption. son in connection with the sale or rent- (2) Before the date on which the dis- al of a dwelling or in connection with a crimination is claimed to have oc- residential real estate-related trans- curred, a community or facility, action because of race, color, religion, through its authorized representatives, sex, handicap, familial status, or na- must certify, in writing and under oath tional origin.

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(2) Threatening, intimidating or because of race, color, religion, sex, interfering with persons in their enjoy- handicap, familial status, or national ment of a dwelling because of the race, origin. color, religion, sex, handicap, familial (b) Legally sufficient justification. (1) A status, or national origin of such per- legally sufficient justification exists sons, or of visitors or associates of such where the challenged practice: persons. (i) Is necessary to achieve one or (3) Threatening an employee or agent more substantial, legitimate, non- with dismissal or an adverse employ- discriminatory interests of the re- ment action, or taking such adverse spondent, with respect to claims employment action, for any effort to assist a person seeking access to the brought under 42 U.S.C. 3612, or defend- sale or rental of a dwelling or seeking ant, with respect to claims brought access to any residential real estate-re- under 42 U.S.C. 3613 or 3614; and lated transaction, because of the race, (ii) Those interests could not be color, religion, sex, handicap, familial served by another practice that has a status, or national origin of that per- less discriminatory effect. son or of any person associated with (2) A legally sufficient justification that person. must be supported by evidence and (4) Intimidating or threatening any may not be hypothetical or specula- person because that person is engaging tive. The burdens of proof for estab- in activities designed to make other lishing each of the two elements of a persons aware of, or encouraging such legally sufficient justification are set other persons to exercise, rights grant- forth in paragraphs (c)(2) and (c)(3) of ed or protected by this part. this section. (5) Retaliating against any person be- (c) Burdens of proof in discriminatory cause that person has made a com- effects cases. (1) The charging party, plaint, testified, assisted, or partici- with respect to a claim brought under pated in any manner in a proceeding 42 U.S.C. 3612, or the plaintiff, with re- under the Fair Housing Act. spect to a claim brought under 42 (6) Retaliating against any person because that person reported a discrimi- U.S.C. 3613 or 3614, has the burden of natory housing practice to a housing proving that a challenged practice provider or other authority. caused or predictably will cause a discriminatory effect. [54 FR 3283, Jan. 23, 1989, as amended at 81 (2) Once the charging party or plain- FR 63075, Sept. 14, 2016] tiff satisfies the burden of proof set forth in paragraph (c)(1) of this section, Subpart G—Discriminatory Effect the respondent or defendant has the burden of proving that the challenged § 100.500 Discriminatory effect prohibited. practice is necessary to achieve one or more substantial, legitimate, non- Liability may be established under discriminatory interests of the re- the Fair Housing Act based on a prac- spondent or defendant. tice’s discriminatory effect, as defined in paragraph (a) of this section, even if (3) If the respondent or defendant sat- the practice was not motivated by a isfies the burden of proof set forth in discriminatory intent. The practice paragraph (c)(2) of this section, the may still be lawful if supported by a le- charging party or plaintiff may still gally sufficient justification, as defined prevail upon proving that the substan- in paragraph (b) of this section. The tial, legitimate, nondiscriminatory in- burdens of proof for establishing a vio- terests supporting the challenged prac- lation under this subpart are set forth tice could be served by another prac- in paragraph (c) of this section. tice that has a less discriminatory ef- (a) Discriminatory effect. A practice fect. has a discriminatory effect where it ac- (d) Relationship to discriminatory in- tually or predictably results in a dis- tent. A demonstration that a practice is parate impact on a group of persons or supported by a legally sufficient jus- creates, increases, reinforces, or per- tification, as defined in paragraph (b) petuates segregated housing patterns of this section, may not be used as a

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defense against a claim of intentional ment exists depends upon the totality discrimination. of the circumstances. (A) Factors to be considered to deter- [78 FR 11482, Feb. 15, 2013] mine whether hostile environment harassment exists include, but are not Subpart H— Quid Pro Quo and limited to, the nature of the conduct, Hostile Environment Harassment the context in which the incident(s) occurred, the severity, scope, frequency, duration, and location of the conduct, SOURCE: 81 FR 63075, Sept. 14, 2016, unless otherwise noted. and the relationships of the persons involved. § 100.600 Quid pro quo and hostile en- (B) Neither psychological nor phys- vironment harassment. ical harm must be demonstrated to prove that a hostile environment ex- (a) Quid pro quo and hostile General. ists. Evidence of psychological or phys- environment harassment because of ical harm may, however, be relevant in race, color, religion, sex, familial sta- determining whether a hostile environ- tus, national origin or handicap may ment existed and, if so, the amount of violate sections 804, 805, 806 or 818 of damages to which an aggrieved person the Act, depending on the conduct. The may be entitled. same conduct may violate one or more (C) Whether unwelcome conduct is of these provisions. sufficiently severe or pervasive as to (1) Quid pro quo harassment. Quid pro create a hostile environment is evalu- quo harassment refers to an unwelcome ated from the perspective of a reason- request or demand to engage in con- able person in the aggrieved person’s duct where submission to the request position. or demand, either explicitly or implic- (ii) Title VII affirmative defense. The itly, is made a condition related to: affirmative defense to an employer’s The sale, rental or availability of a vicarious liability for hostile environ- dwelling; the terms, conditions, or ment harassment by a supervisor under privileges of the sale or rental, or the Title VII of the Civil Rights Act of 1964 provision of services or facilities in does not apply to cases brought pursu- connection therewith; or the avail- ant to the Fair Housing Act. ability, terms, or conditions of a resi- (b) Type of conduct. Harassment can dential real estate-related transaction. be written, verbal, or other conduct, An unwelcome request or demand may and does not require physical contact. constitute quid pro quo harassment (c) Number of incidents. A single inci- even if a person acquiesces in the un- dent of harassment because of race, welcome request or demand. color, religion, sex, familial status, na- (2) Hostile environment harassment. tional origin, or handicap may con- Hostile environment harassment refers stitute a discriminatory housing prac- to unwelcome conduct that is suffi- tice, where the incident is sufficiently ciently severe or pervasive as to inter- severe to create a hostile environment, fere with: The availability, sale, rental, or evidences a quid pro quo. or use or enjoyment of a dwelling; the terms, conditions, or privileges of the PART 103—FAIR HOUSING— sale or rental, or the provision or en- COMPLAINT PROCESSING joyment of services or facilities in connection therewith; or the availability, Subpart A—Purpose and Definitions terms, or conditions of a residential Sec. real estate-related transaction. Hostile 103.1 Purpose and applicability. environment harassment does not re- 103.5 Other civil rights authorities. quire a change in the economic bene- 103.9 Definitions. fits, terms, or conditions of the dwelling or housing-related services or fa- Subpart B—Complaints cilities, or of the residential real-estate 103.10 What can I do if I believe someone is transaction. discriminating against me in the sale, (i) Totality of the circumstances. rental, finance, or advertisement of hous- Whether hostile environment harass- ing?

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