U.S. Code » Title 42 » Chapter CHAPTER 45— FAIR HOUSING › Subchapter SUBCHAPTER I— GENERALLY

42 U.S.C. § 3602

Definitions

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As used in this subchapter—(a) “Secretary” means the Secretary of Housing and Urban Development.(b) “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.(c) “Family” includes a single individual.(d) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries.(e) “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.(f) “Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.(g) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.(h) “Handicap” means, with respect to a person—(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities,(2) a record of having such an impairment, or(3) being regarded as having such an impairment,but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21).(i) “Aggrieved person” includes any person who—(1) claims to have been injured by a discriminatory housing practice; or(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.(j) “Complainant” means the person (including the Secretary) who files a complaint under section 3610 of this title.(k) “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with—(1) a parent or another person having legal custody of such individual or individuals; or(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.(l) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.(m) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.(n) “Respondent” means—(1) the person or other entity accused in a complaint of an unfair housing practice; and(2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 3610(a) of this title.(o) “Prevailing party” has the same meaning as such term has in section 1988 of this title.(Pub. L. 90–284, title VIII, § 802, Apr. 11, 1968, 82 Stat. 81; Pub. L. 95–598, title III, § 331, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 100–430, § 5, Sept. 13, 1988, 102 Stat. 1619.)Editorial NotesAmendments

1988—Subsec. (f). Pub. L. 100–430, § 5(a), substituted “3606, or 3617” for “or 3606”.

Subsecs. (h) to (o). Pub. L. 100–430, § 5(b), added subsecs. (h) to (o).

1978—Subsec. (d). Pub. L. 95–598 substituted “trustees in cases under title 11” for “trustees in bankruptcy”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–430 effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Transvestism

Section 6(b)(3) of Pub. L. 100–430 provided that: “For the purposes of this Act [see Short Title of 1988 Amendment note set out under section 3601 of this title] as well as chapter 16 of title 29 of the United States Code [29 U.S.C. 701 et seq.], neither the term ‘individual with handicaps’ nor the term ‘handicap’ shall apply to an individual solely because that individual is a transvestite.”

Notes of Decisions
Cited in 771 cases (215 in the last 5 years), 1972–2026 · leading case: Rodriguez v. Vill. Green Realty, Inc., 788 F.3d 31 (2d Cir. 2015).
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Rodriguez v. Vill. Green Realty, Inc., 788 F.3d 31 (2d Cir. 2015). · cites it 7× “See 42 U.S.C. § 3602 (h)(1); 24 C.F.R. § 100.”
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (D.C. 2005). · cites it 12× “[6] 42 U.S.C. §§ 3602 (h), -3604(f)(1)-(2) (2000).”
Bragdon v. Abbott, 524 U.S. 624 (1998). · cites it 4× “A The ADA's definition of disability is drawn almost verbatim from the definition of "handicapped individual" included in the Rehabilitation Act of 1973, 87 Stat.”
Cohen v. Twp. of Cheltenham, Pennsylvania, 174 F. Supp. 2d 307 (E.D. Pa. 2001). · cites it 9× “See 42 U.S.C. § 3602 (h). In light of the residents’ handicapped status, plaintiffs argued, the Board was required to grant the variance under the FHAA’s “reasonable accommodations” provision.”
Peabody Props., Inc. v. Sherman, 638 N.E.2d 906 (Mass. 1994). · cites it 20× “The judge ruled that both the tenant's drug dependency and paralysis constitute "handicap[s]" under the Fair Housing Amendments Act of 1988 (Fair Housing Act), 42 U.S.C. § 3602 (1988). The judge correctly noted that, if not for the tenant's handicap status, the landlord's right…”
United States v. S. Mgmt. Corp., 955 F.2d 914 (4th Cir. 1992). · cites it 6× “The source of the dispute lies in the following definition added by § 5(b) of the 1988 amendments (codified at 42 U.S.C. § 3602 (h) (1990)): (h) “Handicap” means, with respect to a person— (1) a physical or mental impairment which substantially limits one or more of such…”
Gladstone, Realtors v. Vill. of Bellwood, 441 U.S. 91 (1979). · cites it 2× “…companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries." 42 U. S. C. § 3602 (d).”
McKIVITZ v. Twp. of Stowe, 769 F. Supp. 2d 803 (W.D. Pa. 2010). · cites it 4× “The Status of the Residents of the “Three-Quarter House” The FHA’s definition of the term “handicap” is codified at 42 U.S.C. § 3602 (h), which provides: § 3602.”
Malibu Inv. Co. v. Sparks, 2000 UT 30 (Utah 2000). · cites it 8× “[8] See 42 U.S.C.A. § 3602 (k) (1994); Utah Code Ann.”
Thomas v. Salvation Army S. Territory, 841 F.3d 632 (4th Cir. 2016). “” 42 U.S.C. § 3602 (h). The Salvation Army argues that homeless shelters are not covered under § 3604(f) because the residents are not buyers or renters and because a homeless shelter does not meet the definition of a dwelling under the FHA.”
Ajit Bhogaita v. Altamonte Heights Condo. Assn., Inc., 765 F.3d 1277 (11th Cir. 2014). · cites it 2× “” 42 U.S.C. § 3602 (h). The parties agree that Bhogai-ta suffers from a physical or mental impairment, and they agree that working is a major life activity.”
Douglas v. Kriegsfeld Corp., 849 A.2d 951 (D.C. 2004). · cites it 14× “2d at 4-5 (citing Fair Housing Act, 42 U.S.C. § 3602 (h)(3); see supra note 4 and accompanying text).”
Show all 771 citing cases →
— 42 U.S.C. § 3602(b) — 5 cases
Hernandez v. Ever Fresh Co., 923 F. Supp. 1305 (D. Or. 1996).
United States v. City of Black Jack, Missouri, 372 F. Supp. 319 (E.D. Mo. 1974).
Lakeside Resort Enter., LP v. Bd. of Supervisors of Palmyra Twp., 455 F.3d 154 (3rd Cir. 2006).
Long Est., 5 Pa. D. & C.3d 602 (1978).
Lakeside Resort Entr v. Bd Supv Palmyra Twp (3rd Cir. 2006).
— 42 U.S.C. § 3602(h) — 1 case
Avonte Leshay Smith v. TMG Richmond IV, LP (E.D. Va. 2026).
— 42 U.S.C. § 3602(i) — 2 cases
Clearing House Ass'n, LLC v. Spitzer, 394 F. Supp. 2d 620 (S.D.N.Y. 2005).
Sec'y, United States Dep't of Hous. & Urban Dev. ex rel. Herron v. Blackwell, 908 F.2d 864 (11th Cir. 1990).
— 42 U.S.C. § 3602(k) — 1 case
Malibu Inv. Co. v. Sparks, 2000 UT 30 (Utah 2000). “[8] See 42 U.S.C.A. § 3602 (k) (1994); Utah Code Ann.”
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