(a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to impose different terms, conditions or privileges relating to the sale or rental of a dwelling or to deny or limit services or facilities in connection with the sale or rental of a dwelling.
(b) Prohibited actions under this section include, but are not limited to:
(1) Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, handicap, familial status, or national origin.
(2) Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, handicap, familial status, or national origin.
(3) Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, handicap, familial status, or national origin.
(4) Limiting the use of privileges, services or facilities associated with a dwelling because of race, color, religion, sex, handicap, familial status, or national origin of an owner, tenant or a person associated with him or her.
(5) Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.
(6) Conditioning the terms, conditions, or privileges relating to the sale or rental of a dwelling, or denying or limiting the services or facilities in connection therewith, 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 has the effect of imposing different terms, conditions, or privileges relating to the sale or rental of a dwelling or denying or limiting services or facilities in connection with the sale or rental of a dwelling.
[54 FR 3283, Jan. 23, 1989, as amended at 81 FR 63074, Sept. 14, 2016]
Notes of Decisions
Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009).
“Allowing certain claims for post-acquisition discrimination to proceed under § 3604(b) is also consistent, as the panel dissent observed, with regulations adopted by HUD, the agency responsible for implementing the FHA. The HUD regulations explain that § 3604(b)’s protections…”
Comm. Concerning Cmty. Improvement v. City of Modesto, 583 F.3d 690 (9th Cir. 2009).
· cites it 3× “24 C.F.R. § 100.65 prohibits “failing or delaying maintenance or repairs of sale or rental dwellings” or “limiting the use or privileges, services, or facilities associated with a dwelling” because of discrimination.”
Curto v. A Country Place Condo. Ass'n, 921 F.3d 405 (3rd Cir. 2019).
“65 (b)(4), this includes "[l]imiting the use of privileges, services or facilities associated with a dwelling because of race, color, religion, sex, handicap, familial status, or national origin of an owner, tenant or a person associated with him or her.”
Bloch v. Frischholz, 533 F.3d 562 (7th Cir. 2008).
· cites it 4× “" Although it may be possible to interpret these words restrictively to cover only pre-sale activities, nothing in the statute compels such an interpretation.”
Francis v. Kings Park Manor, Inc., 944 F.3d 370 (2d Cir. 2019).
“In 1989, for example, HUD promulgated regulations 6 that prohibited “[f]ailing or delaying maintenance or repairs of sale or rental 7 dwellings because of race,” 24 C.F.R. § 100.65 (b)(2), or “[l]imiting the use of 8 privileges, services or facilities associated with a dwelling…”
Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003).
“60 ; (2) “[discrimination in terms, conditions and privileges and in services and facilities”; 24 C.F.R. § 100.65 ; (3) “[ojther prohibited sale and rental conduct”; 24 C.”
Greater New Orleans Fair Hous. Action Ctr. v. Kelly, 364 F. Supp. 3d 635 (E.D. La. 2019).
“that has the effect of imposing different terms, conditions, or privileges relating to the sale or rental of a dwelling or denying or limiting services or facilities in connection with the sale or rental of a dwelling").”
Clifton Terrace Assocs., Ltd. v. United Tech. Corp., 929 F.2d 714 (D.C. Cir. 1991).
“These subsections are directed at those who provide housing and then discriminate in the provision of attendant services or facilities, or those who otherwise control the provision of housing services and facilities. In the case of rental units, the provision of such services…”
Davis v. City of New York, 902 F. Supp. 2d 405 (S.D.N.Y. 2012).
“24 C.F.R. § 100.65 , entitled “Discrimination in terms, conditions and privileges and in services and facilities,” says that “(b) Prohibited actions under this section include .”
Hous. Rights Ctr. v. Sterling, 404 F. Supp. 2d 1179 (C.D. Cal. 2004).
“24 C.F.R. § 100.65 (b)(1). Based on the foregoing, High has presented sufficient evidence to suggest he may have been subjected to less favorable “terms, conditions or privileges” with respect to the apartment or the eviction proceedings brought against him than other tenants…”
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