24 C.F.R. § 100.60

Unlawful refusal to sell or rent or to negotiate for the sale or rental

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(a) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who has made a bona fide offer, because of race, color, religion, sex, familial status, or national origin or to refuse to negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate against any person in the sale or rental of a dwelling because of handicap.

(b) Prohibited actions under this section include, but are not limited to:

(1) Failing to accept or consider a bona fide offer because of race, color, religion, sex, handicap, familial status, or national origin.

(2) Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, handicap, familial status, or national origin.

(3) Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, handicap, familial status, or national origin.

(4) Using different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

(5) Evicting tenants because of their race, color, religion, sex, handicap, familial status, or national origin or because of the race, color, religion, sex, handicap, familial status, or national origin of a tenant's guest.

(6) Conditioning the availability of a dwelling, including the price, qualification criteria, or standards or procedures for securing the dwelling, on a person's response to harassment because of race, color, religion, sex, handicap, familial status, or national origin.

(7) Subjecting a person to harassment because of race, color, religion, sex, handicap, familial status, or national origin that causes the person to vacate a dwelling or abandon efforts to secure the dwelling.

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

Notes of Decisions

Cited in 15 cases (6 in the last 5 years), 1992–2026 · leading case: Lowman v. Platinum Prop. Mgmt. Servs., Inc., 166 F. Supp. 3d 1356 (N.D. Ga. 2016).

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Lowman v. Platinum Prop. Mgmt. Servs., Inc., 166 F. Supp. 3d 1356 (N.D. Ga. 2016). · cites it 3× “Failure To Show The Application Was Denied The Federal FHA makes it unlawful “to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race.”

LaFlamme v. New Horizons, Inc., 605 F. Supp. 2d 378 (D. Conn. 2009). · cites it 2× “handicap^] 24 C.F.R. § 100.60 (b). The FHA further prohibits making statements and publishing notices or advertisements that indicate a “preference, limitation, or discrimination” based on disability.”

Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). “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.F.R. § 100.60 ; (2) “[discrimination in terms, conditions and privileges and in services and facilities”; 24 C.”

L.C. & Fair Hous. Just. Ctr., Inc. v. LeFrak Org., Inc., 987 F. Supp. 2d 391 (S.D.N.Y. 2013). “” 24 C.F.R. § 100.60 (b)(2, 4). HUD regulations defining what it means “to otherwise make unavailable or deny” a dwelling on the basis of handicap, as used in § 3604(f)(1), state that the following conduct is prohibited: (2) Employing codes or other devices to segregate or…”

Thomas C. Baumgardner v. The Sec'y, United States Dep't of Hous. & Urban Dev., on Behalf of Blanton B. Holley, 960 F.2d 572 (6th Cir. 1992). “24 CFR 100.60(b)(2); 15 2. engaging in any conduct relating to the provision of housing that otherwise makes unavailable or denies dwellings to persons because of sex.”

Michigan Prot. & Advocacy Serv., Inc. v. Babin, 799 F. Supp. 695 (E.D. Mich. 1992). “See 24 C.F.R. § 100.60 (b)(1)-(5) and § 100.70; Clifton Terrace Assoc.”

Sanders v. SWS Hilltop, LLC, 309 F. Supp. 3d 877 (D. Or. 2018). “§ 3604 (f)(1), the provisions of which specifically outlaw the imposition of "different rental charges," 24 C.F.R. § 100.60 (b)(3)-(4), "different qualification criteria," id.”

Ortega v. Hous. Auth. of City of Brownsville, 572 F. Supp. 2d 829 (S.D. Tex. 2008). “§ 3604 (a)-(e); 24 C.F.R. § 100.60 . Both define familial status as, one or more [minors] being domiciled with [(1)] [a] parent or another person having legal custody of such [minor(s) ]; or [(2)][t]he designee of such parent or the other person having such custody, with the…”

Jennifer August v. The Glade Prop. Owners Ass'n, Inc. (Del. Ch. 2023). “§ 3604 (b); see also 24 C.F.R. § 100.60 ; 24 C.F.R. § 100.70 .”

Price v. Howard (N.D. Ga. 2023). “24 C.F.R. § 100.60 (b). For the reasons discussed above, Price also alleges sufficient facts to support her allegation that she was treated differently than White prospective applications.”

Scutt v. Dorris (D. Haw. 2020). “24 C.F.R. § 100.60 (b). HUD regulations further provide that actions prohibited by § 3604(b) include, but are not limited to, “[l]imiting the use of privileges, services or facilities associated with a dwelling” and “[s]ubjecting a [tenant] to harassment .”

Scutt v. Dorris (D. Haw. 2021). “24 C.F.R. § 100.60 (b). HUD regulations further provide that actions prohibited by § 3604(b) include, but are not limited to, “[l]imiting the use of privileges, services or facilities associated with a dwelling” and “[s]ubjecting a [tenant] to harassment .”

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— 24 C.F.R. § 100.60(b)(2) — 1 case

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