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

42 U.S.C. § 3603

Effective dates of certain prohibitions

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(a) Application to certain described dwellingsSubject to the provisions of subsection (b) and section 3607 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 3604 of this title shall apply:(1) Upon enactment of this subchapter, to—(A) dwellings owned or operated by the Federal Government;(B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968;(C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and(D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.(2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b).(b) ExemptionsNothing in section 3604 of this title (other than subsection (c)) shall apply to—(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 3604(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.(c) Business of selling or renting dwellings definedFor the purposes of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if—(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or(3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.(Pub. L. 90–284, title VIII, § 803, Apr. 11, 1968, 82 Stat. 82.)
Notes of Decisions
Cited in 133 cases (34 in the last 5 years), 1969–2026 · leading case: Wilkison v. City of Arapahoe, 302 Neb. 968 (Neb. 2019).
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Wilkison v. City of Arapahoe, 302 Neb. 968 (Neb. 2019). · cites it 4× “11 The FHA defines a discriminatory housing practice as any act that is unlawful under 42 U.S.C. § 3603 (effective dates of certain prohibitions), 42 U.”
McKIVITZ v. Twp. of Stowe, 769 F. Supp. 2d 803 (W.D. Pa. 2010). · cites it 5× “As made applicable by section 803 [ 42 U.S.C. § 3603 ] and except as exempted by sections 803(b) and 807 [ 42 U.”
Lincoln v. Case, 340 F.3d 283 (5th Cir. 2003). · cites it 3× “Section 3604 states as follows: As made applicable by section 803 [ 42 U.S.C. § 3603 ] and except as exempted by sections 803(b) and 807 [ 42 U.”
Lindsay v. Yates, 498 F.3d 434 (6th Cir. 2007). · cites it 2× “5 *438 First, the district court dismissed the Lindsays’ claim under 42 U.S.C. § 3603 . The district court reasoned that § 3603 does not constitute an independent cause of action under the FHA, but simply works in conjunction with the prohibitions set forth in § 3604 of the Act.”
Thurmond v. Bowman, 211 F. Supp. 3d 554 (W.D.N.Y. 2016). · cites it 5× “Under 42 U.S.C. § 3603 (a), the provisions of § 3604 apply to all dwellings unless an exemption under 42 U.”
Hogar Agua Y Vida en El Desierto, Inc. v. Suarez-Medina, 36 F.3d 177 (1st Cir. 1994). · cites it 4× “42 U.S.C. § 3603 (b)(1) (emphasis added; clause numbers added; indentation altered from original).”
Lindsay v. Yates, 578 F.3d 407 (6th Cir. 2009). “§ 1982 ; (2) racial discrimination in the sale of real property in violation of 42 U.S.C. § 3603 ; (3) racial discrimination in the sale of real property in violation of .”
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (D.C. 2005). · cites it 2× “On the other hand, the federal Fair Housing Act's "reasonable accommodation" requirement applies to private as well as public housing, see 42 U.S.C. § 3603 (a) (2000), and DCRA could well serve as a facilitator of reasonable accommodations by brokering a dialogue between tenant…”
Elane Photography, LLC v. Willock, 2013 NMSC 040 (N.M. 2013). · cites it 2× “See 42 U.S.C. § 3603 (b)(1) & (2) (2012) (exempting from compliance “any single-family house sold or rented by an owner,” provided such “owner does not own more than three such .”
Chicago Lawyers' Comm. for Civil Rights Under Law, Inc. v. Craigslist, Inc., 519 F.3d 666 (7th Cir. 2008). “The Chicago Lawyers’ Committee for Civil Rights Under Law, on behalf of its members, contends in this suit that craigslist, which provides an electronic meeting place for those who want to buy, sell,, or rent housing (and many other goods and services), is violating this…”
Evans v. Romer, 882 P.2d 1335 (Colo. 1994). · cites it 2× “Schwartz ed. 1970) (detailing legislative history and policies underlying "Mrs.”
Gregory Selden v. Airbnb, Inc., 4 F.4th 148 (D.C. Cir. 2021). “See 42 U.S.C. § 3603 (b)(1). Because Airbnb was not a party to the contract between Selden and the host, and had no agency relationship with the host, the Civil Rights Act of 1866 did not apply.”
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— 42 U.S.C. § 3603(b) — 3 cases
Evans v. First Fed. Sav. Bank of Indiana, 669 F. Supp. 915 (N.D. Ind. 1987).
Monus v. Riecke (E.D. La. 2021).
United States v. Knippers & Day Real Est., Inc., 298 F. Supp. 551 (E.D. La. 1969).
— 42 U.S.C. § 3603(b)(1) — 1 case
Wilson v. Liu (N.D. Cal. 2019).
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