24 C.F.R. § 100.20

Definitions

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The terms Department, Fair Housing Act, and Secretary are defined in 24 CFR part 5.

Aggrieved person includes any person who—

(a) Claims to have been injured by a discriminatory housing practice; or

(b) Believes that such person will be injured by a discriminatory housing practice that is about to occur.

Broker or Agent includes any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions.

Discriminatory housing practice means an act that is unlawful under section 804, 805, 806, or 818 of the Fair Housing Act.

Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with—

(a) A parent or another person having legal custody of such individual or individuals; or

(b) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

Handicap is defined in § 100.201.

Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 U.S.C., receivers, and fiduciaries.

Person in the business of selling or renting dwellings means any person who:

(a) Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(b) Within the preceding twelve months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

State means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

[54 FR 3283, Jan. 23, 1989, as amended at 61 FR 5205, Feb. 9, 1996]

Notes of Decisions

Cited in 22 cases (4 in the last 5 years), 1996–2026 · leading case: United States v. Bonds, 608 F.3d 495 (9th Cir. 2010).

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United States v. Bonds, 608 F.3d 495 (9th Cir. 2010). · cites it 2× “Once Bonds decided he should be tested, he requested Anderson to perform the Task.”

Inland Mediation Bd. v. City of Pomona, 158 F. Supp. 2d 1120 (C.D. Cal. 2001). · cites it 3× “Similarly, in order to satisfy HUD’s definition of agency, a jury must be able to at least infer from the proffered evidence that the City manifested to Keagy that he was “authorized to perform an action on behalf of [the City] regarding any matter related to .”

Ortega v. Hous. Auth. of City of Brownsville, 572 F. Supp. 2d 829 (S.D. Tex. 2008). · cites it 9× “§ 3602 (k) (emphasis added); 24 C.F.R. § 100.20 (emphasis added). Essentially, a family must satisfy three elements to be protected against discrimination under the FHA and the HUD regulations: (1) there must be one or more minors (2) domiciled with (3) a parent, a legal…”

Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (9th Cir. 1999). “” 24 C.F.R. § 100.20 (emphasis added). Under HUD’s definition, which is afforded deference, there are facts from which a jury could reasonably find that Ms.”

Peerless Ins. v. Gonzalez, 697 A.2d 680 (Conn. 1997). “24 C.F.R. § 100.20 (1996). As Gonzalez points out, our legislature has recognized the danger that lead paint poses to young children.”

Sheila White v. United States Dep't of Hous. & Urban Dev., 475 F.3d 898 (7th Cir. 2007). “§ 3602 (k)(l); see also 24 C.F.R. § 100.20 (2006). It is undisputed that at all times relevant to this matter, White had two children under the age of eighteen years who resided with her.”

United States v. Univ. of Nebraska at Kearney, 940 F. Supp. 2d 974 (D. Neb. 2013). “See 24 C.F.R. § 100.20 . And HUD has not defined “residence.”

Franchi v. New Hampton Sch., 656 F. Supp. 2d 252 (D.N.H. 2009). “24 C.F.R. § 100.20 (2009) (formatting omitted).”

Marya v. Slakey, 190 F. Supp. 2d 95 (D. Mass. 2001). · cites it 3× “3d at 1130 ; see 24 C.F.R. § 100.20 . At least two courts of appeal, moreover, have instructed that “the question of agency should be submitted to the jury unless the facts are clearly insufficient to establish agency or there is no dispute as to the underlying facts.”

Intermountain Fair Hous. Council v. Boise Rescue Mission Ministries, 717 F. Supp. 2d 1101 (D. Idaho 2010). “§ 3602 (b); see 24 C.F.R. § 100.20 (b) (providing the same definition of “dwelling”); 24 C.”

Reyes-Garay v. Integrand Assurance Co., 818 F. Supp. 2d 414 (D.P.R. 2011). “” 24 C.F.R. § 100.20 . “Major life activities” is defined as “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”

Fair Hous. Resources Ctr., Inc. v. DJM's 4 Reasons Ltd., 499 F. App'x 414 (6th Cir. 2012). “See 24 C.F.R. §§ 100.20 (b), 100.75(b); United States v.”

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