(a) It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions.
(b) This part provides the Department's interpretation of the coverage of the Fair Housing Act regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, and the availability of residential real estate-related transactions. The illustrations of unlawful housing discrimination in this part may be established by a practice's discriminatory effect, even if not motivated by discriminatory intent, consistent with the standards outlined in § 100.500.
(c) Nothing in this part relieves persons participating in a Federal or Federally-assisted program or activity from other requirements applicable to buildings and dwellings.
[54 FR 3283, Jan. 23, 1989, as amended at 78 FR 11481, Feb. 15, 2013; 85 FR 60332, Sept. 24, 2020; 88 FR 19500, Mar. 31, 2023]
Notes of Decisions
Silberstein v. Greenstein, 32 A.D.3d 858 (N.Y. App. Div. 2006).
· cites it 2× “; hereinafter the Act), and its implementing regulations (see 24 CFR 100.5 [b]). We disagree. Assuming that GM-3692 relates to the “sale or rental of dwellings” (24 CFR 100.”
United States v. Bankert, 186 F. Supp. 2d 623 (E.D.N.C. 2000).
“§ 3601 ; 24 C.F.R. § 100.5 . The FHA, which prohibits discrimination in the housing market based on race, color, religion, sex, handicap or national origin, “is an appropriate and constitutionally permissible exercise of Congressional power under the Thirteenth Amendment to bar…”
Karen Cohen v. David Clark & 2800-1 LLC (Iowa 2020).
“1995) (explaining “a plaintiff need not prove the malice or discriminatory animus of a defendant to make out a case of intentional discrimination”); 24 C.F.R. § 100.5 (b) (stating “unlawful housing discrimination .”
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