C.F.R. » Title 24 » CHAPTER I—OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT › Subpart B—Discriminatory Housing Practices

24 C.F.R. § 100.80

Discriminatory representations on the availability of dwellings

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(a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental.

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

(1) Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, handicap, familial status, or national origin.

(2) Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale of rental of a dwelling to a person.

(3) Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.

(4) Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin.

(5) Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, handicap, familial status, or national origin.

(6) Representing to an applicant that a unit is unavailable because of the applicant's response to a request for a sexual favor or other harassment because of race, color, religion, sex, handicap, familial status, or national origin.

[54 FR 3283, Jan. 23, 1989, as amended at 81 FR 63074, Sept. 14, 2016]
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1992–2026 · leading case: 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).
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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). · cites it 2× “24 CFR 100.80(b)(5). 20 Baumgardner maintains that HUD violated its own regulations and the law in handling Holley's complaint thereby depriving him of his due process rights, and asks that this action be dismissed.”
Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (9th Cir. 1999). “Additionally, HUD regulations state that it is unlawful to: (1) provide false or inaccurate information regarding the availability of a dwelling for rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race ( 24…”
Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). “75 ; (5) “[discriminatory representations on the availability of dwellings”; 24 C.F.R. § 100.80 ; (6) “[b]lockbusting”; 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. § 100.80 (b)(4). Section 3604 (f)(1) makes it unlawful “[t]o discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap.”
Gittleman v. Woodhaven Condo. Ass'n, Inc., 972 F. Supp. 894 (D.N.J. 1997). · cites it 3× “24 C.F.R. § 100.80 (b)(3) makes it unlawful to: Enforc[e] covenants or other deed, trust or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.”
United States v. Scott, 788 F. Supp. 1555 (D. Kan. 1992). “According to the HUD regulations, § 3604(d) is violated by enforcing a restrictive covenant that precludes the sale of a dwelling on prohibited grounds, or representing that such sale is precluded by the covenant.”
Martin v. Constance, 843 F. Supp. 1321 (E.D. Mo. 1994). “…"enforcing covenants ... which preclude the sale or rental of a dwelling to any person because of ... a handicap." 24 C.F.R. 100.80(b)(3) (1993).”
Skipper v. Hambleton Meadows Architectural Review Comm., 996 F. Supp. 478 (D. Maryland 1998). · cites it 2× “The implementing regulations promulgated by the Department of Housing and Urban Development prohibit both “[enforcing,” 24 C.F.R. § 100.80 (b)(3), and “[representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings…”
Baker (W.D. Wash. 2025). · cites it 2× “See 24 C.F.R. § 100.80 . Mr. Baker does not set forth allegations of this 12 nature against Defendants in the second amended complaint.”
Huston (D. Or. 2026). “24 C.F.R. § 100.80 (a). Here, as discussed, shortly after disclosing their children’s disabilities, WVR falsely represented to Plaintiffs that there was new activity surrounding the Property and encouraged Plaintiffs to rent elsewhere.”
— 24 C.F.R. § 100.80(b)(3) — 1 case
Martin v. Constance, 843 F. Supp. 1321 (E.D. Mo. 1994). “…"enforcing covenants ... which preclude the sale or rental of a dwelling to any person because of ... a handicap." 24 C.F.R. 100.80(b)(3) (1993).”
— 24 C.F.R. § 100.80(b)(5) — 1 case
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 100.80(b)(5). 20 Baumgardner maintains that HUD violated its own regulations and the law in handling Holley's complaint thereby depriving him of his due process rights, and asks that this action be dismissed.”
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