24 C.F.R. § 100.50

Real estate practices prohibited

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(a) This subpart provides the Department's interpretation of conduct that is unlawful housing discrimination under section 804 and section 806 of the Fair Housing Act. In general the prohibited actions are set forth under sections of this subpart which are most applicable to the discriminatory conduct described. However, an action illustrated in one section can constitute a violation under sections in the subpart. For example, the conduct described in § 100.60(b)(3) and (4) would constitute a violation of § 100.65(a) as well as § 100.60(a).

(b) It shall be unlawful to:

(1) Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate in the sale or rental of a dwelling because of handicap.

(2) Discriminate in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, handicap, familial status, or national origin.

(3) Engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin.

(4) Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

(5) Represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for sale or rental when such dwelling is in fact available.

(6) Engage in blockbusting practices in connection with the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

(7) Deny access to or membership or participation in, or to discriminate against any person in his or her access to or membership or participation in, any multiple-listing service, real estate brokers' association, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions or membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.

(c) The application of the Fair Housing Act with respect to persons with handicaps is discussed in subpart D of this part.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1990–2022 · leading case: Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (9th Cir. 1999).

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Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (9th Cir. 1999). · cites it 3× “§ 3604 (a); 24 C.F.R. § 100.50 (b)(1)); (2) discriminate against any person in the terms, conditions or privileges of rental of a dwelling because of race ( 42 U.”

Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). “24 C.F.R. § 100.50 (a). 23 Subpart B addresses the following areas of discrimination: (1) “[u]nlawful refusal to sell or rent or to negotiate for the sale or rental”; 24 C.”

Glover v. Crestwood Lake Section 1 Holding Corporations, 746 F. Supp. 301 (S.D.N.Y. 1990). “See also 24 C.F.R. §§ 100.50 (b)(1), 100.60(a) & (b)(2), 100.”

Nevels v. W. World Ins. Co., Inc., 359 F. Supp. 2d 1110 (W.D. Wash. 2004). “See 24 C.F.R. § 100.50 . “It shall be unlawful, because of .”

McCallister v. Nelson, 411 S.E.2d 456 (W. Va. 1991). “§ 3604 (f)(1), 24 C.F.R. 100.50(b)(3) and 24 C.F.R. 100.”

(PS) Trotter v. Sacramento Hous. Prog. (E.D. Cal. 2022). “§§ 1437 , 1472, 1485, 1486, 3601, and 12101 12 and 24 C.F.R. §§ 100.50 et seq.; (B) various civil rights; and (C) other statutes and sources of law 13 ( 41 U.”

Nat'l Fair Hous. All. v. Bank of Am., Nat'l Ass'n (D. Maryland 2019). “The HUD regulations interpreting Section 804 apply to both 804(a) and 804(b), see 24 C.F.R. § 100.50 , but the plaintiffs point to a crucial provision of the 29 agency’s regulations interpreting, ostensibly, the phrase “provision of services or facilities in connection therewith.”

Adler v. Am. Home Mortg. Servicing, Inc., 882 F. Supp. 2d 1237 (D. Colo. 2012). “Compare 24 C.F.R. §§ 100.50 - *1241 .90, .200-205 (providing HUD’s interpretation of conduct that is unlawful housing discrimination under § 3604 and not mentioning mortgage loans), with 24 C.”

— 24 C.F.R. § 100.50(b)(3) — 1 case

McCallister v. Nelson, 411 S.E.2d 456 (W. Va. 1991). “§ 3604 (f)(1), 24 C.F.R. 100.50(b)(3) and 24 C.F.R. 100.”

— 24 C.F.R. § 100.50(b)(4) — 1 case

Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (9th Cir. 1999). “§ 3604 (a); 24 C.F.R. § 100.50 (b)(1)); (2) discriminate against any person in the terms, conditions or privileges of rental of a dwelling because of race ( 42 U.”

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