24 C.F.R. § 100.135

Unlawful practices in the selling, brokering, or appraising of residential real property

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(a) It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, handicap, familial status, or national origin.

(b) For the purposes of this section, the term appraisal means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

(c) Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, handicap, familial status, or national origin.

(d) Practices which are unlawful under this section include, but are not limited to:

(1) Using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, handicap, familial status, or national origin.

(2) Conditioning the terms of an appraisal of residential real property in connection with the sale, rental, or financing of a dwelling on a person's response to harassment because of race, color, religion, sex, handicap, familial status, or national origin.

[54 FR 3283, Jan. 23, 1989, as amended at 81 FR 63074, Sept. 14, 2016]

Notes of Decisions

Cited in 3 cases, 1990–2003 · leading case: Hall v. Lowder Realty Co., Inc., 160 F. Supp. 2d 1299 (M.D. Ala. 2001).

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Hall v. Lowder Realty Co., Inc., 160 F. Supp. 2d 1299 (M.D. Ala. 2001). “24 C.F.R. § 100.135 (a). As discussed above, Hall has presented evidence that defendants discriminated in referrals by racially pairing clients with agents.”

Hall v. Lowder Realty Co., Inc., 263 F. Supp. 2d 1352 (M.D. Ala. 2003). “24 C.F.R. § 100.135 (a). Section 3604(b) of the FHA prohibits discrimination "against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex,…”

Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 1990). “" ( 24 C.F.R. § 100.135 (d) (1989)). Disclosure intended to prejudice the selection of a site for a residential care facility or to prevent those living in such facilities from residing in the area of their choosing is forbidden.”

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