42 U.S.C. § 3604

Discrimination in the sale or rental of housing and other prohibited practices

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As made applicable by section 3603 of this title and except as exempted by sections 3603(b) and 3607 of this title, it shall be unlawful—(a) 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, color, religion, sex, familial status, or national origin.(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.(d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.(e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.(f)(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of—(A) that buyer or renter,11 So in original. The comma probably should be a semicolon.(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(C) any person associated with that buyer or renter.(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of—(A) that person; or(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(C) any person associated with that person.(3) For purposes of this subsection, discrimination includes—(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.22 So in original. The period probably should be a semicolon.(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or(C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that—(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and(iii) all premises within such dwellings contain the following features of adaptive design:(I) an accessible route into and through the dwelling;(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;(III) reinforcements in bathroom walls to allow later installation of grab bars; and(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of paragraph (3)(C)(iii).(5)(A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.(C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C).(D) Nothing in this subchapter shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C).(6)(A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 3610(f)(3) of this title to receive and process complaints or otherwise engage in enforcement activities under this subchapter.(B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this subchapter.(7) As used in this subsection, the term “covered multifamily dwellings” means—(A) buildings consisting of 4 or more units if such buildings have one or more elevators; and(B) ground floor units in other buildings consisting of 4 or more units.(8) Nothing in this subchapter shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this subchapter shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this subchapter.(9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.(Pub. L. 90–284, title VIII, § 804, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93–383, title VIII, § 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, §§ 6(a)–(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 1622, 1623, 1636.)Editorial NotesAmendments

1988—Pub. L. 100–430, § 6(e), inserted “and other prohibited practices” in section catchline.

Subsecs. (a), (b). Pub. L. 100–430, § 6(b)(2), inserted “familial status,” after “sex,”.

Subsecs. (c) to (e). Pub. L. 100–430, § 6(b)(1), inserted “handicap, familial status,” after “sex,”.

Subsec. (f). Pub. L. 100–430, § 6(a), added subsec. (f).

Subsec. (f)(3)(A). Pub. L. 100–430, § 15, which directed the substitution of “except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.” for the period at the end of subpar. (A) was executed by making the substitution for a semicolon as the probable intent of Congress because subpar. (A) ended with a semicolon, not a period.

1974—Pub. L. 93–383 inserted “, sex” after “religion” wherever appearing in cls. (a) to (e).

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.

Notes of Decisions

Cited in 2,775 cases (953 in the last 5 years), 1969–2026 · leading case: Dyan Hunt v. Aimco Props., L.P., 814 F.3d 1213 (11th Cir. 2016).

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Dyan Hunt v. Aimco Props., L.P., 814 F.3d 1213 (11th Cir. 2016). · cites it 16× “The Hunts alleged that Aimco violated the Fair Housing Act, 42 U.S.C. § 3604 , by denying or making unavailable to them their apartment because of Karl’s disability; discriminating in the terms, conditions, or privileges of the apartment rental because of Karl’s disability; and…”

Inclusive Cmtys. Proj., Inc. v. Lincoln Prop. Co., 920 F.3d 890 (5th Cir. 2019). · cites it 10× “Specifically, ICP seeks a declaration that Lincoln and the Owners have violated 42 U.S.C. § 3604 (a) and 42 U.S.C. § 1982 by declining to participate in the federal "Section 8" Housing Choice Voucher Program.”

Rodriguez v. Vill. Green Realty, Inc., 788 F.3d 31 (2d Cir. 2015). · cites it 18× “The plaintiffs allege, inter alia, that the defendants (1) made housing unavailable on the basis of disability in violation of 42 U.S.C. § 3604 (f)(1); (2) provided different terms, conditions, and privileges of rental,housing on the basis of disability in violation of 42 U.”

A Soc'y Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (4th Cir. 2011). · cites it 8× “See 42 U.S.C. § 3604 (b), (f)(2). Similarly, ASWAN contends that the FHA was violated by the City's communication to homeless people in 2009 that they would need to travel to the Conrad Center to sign up for the downtown overnight shelter using the intake services.”

Schwarz v. City of Treasure Island, 544 F.3d 1201 (11th Cir. 2008). · cites it 11× “42 U.S.C. § 3604 (f)(3)(B). Accordingly, we affirm the district court’s denial of leave to supplement and its order of summary judgment on all but the reasonable accommodation claim, which we remand for further proceedings consistent with this opinion.”

Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 4× “See 42 U. S. C. §3604 . Employment by religious organizations.”

Liana Revock v. Cowpet Bay West Condo. As, 853 F.3d 96 (3rd Cir. 2017). · cites it 8× “They allege violations of their right to a reasonable accommodation of their disabilities, 42 U.S.C. § 3604 (f)(3)(B), and interference with the exercise of their fair housing rights, 42 U.”

Carol Vorchheimer v. Philadelphian Owners Associati, 903 F.3d 100 (3rd Cir. 2018). · cites it 6× “She alleged that the defendants were violating 42 U.S.C. § 3604 (f) by refusing to let her leave her walker in The Philadelphian's lobby so she could retrieve it by herself.”

Civil Rights Educ. & Enf't Ctr. v. Hosp. Props. Trust, 867 F.3d 1093 (9th Cir. 2017). · cites it 6× “363 , 372–74 (1982), in which the Supreme Court held that testers have standing to sue under Sections 804(d) and 812(a) of the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3604 (d), 3612(a). The Court first noted that Section 804(d) prohibits representations “to any person because of…”

Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003). · cites it 18× “Specifically, the defendant contends that 42 U.S.C. § 3604 (f) (1) and (2) 12 are applicable to a lender’s attempt to foreclose upon the mortgage of a disabled borrower because the enforce *553 ment of mortgage loan agreements “make[s] unavailable or den[ies]” a dwelling, and is…”

Fair Hous. Coun., San Fernando v. Roommates. Com, 521 F.3d 1157 (9th Cir. 2008). · cites it 8× “with respect to the sale or rental of a dwelling that indicates [a] preference, limitation, or discrimination," in violation of 42 U.S.C. § 3604 (c). The CDA does not grant immunity for inducing third parties to express illegal preferences.”

Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (D.C. 2005). · cites it 18× “" 42 U.S.C. § 3604 (f)(9). The legislative history makes it clear that this exception may not be based on stereotypes: Any claim that an individual's tenancy poses a direct threat and a substantial risk of harm must be established on the basis of a history of overt acts or…”

Show all 2,775 citing cases →

— 42 U.S.C. § 3604(4)(f) — 1 case

Verland C.L.A., Inc. v. Zoning Hearing Bd., 556 A.2d 4 (Pa. Commw. Ct. 1989).

— 42 U.S.C. § 3604(a) — 10 cases

Doe v. City of Butler, 892 F.2d 315 (3rd Cir. 1989).

United States v. Gilman, 341 F. Supp. 891 (S.D.N.Y. 1972).

Glover v. HPC - Eight (D. Conn. 2022).

United States v. Advocate Law Groups of Florida, P.A. (M.D. Fla. 2020).

Truesdale v. Venice Arms, Inc. (S.D. Fla. 2024).

— 42 U.S.C. § 3604(b) — 30 cases

Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009).

Jerry Dawkins v. Renee Lewis Glover, 308 F. App'x 394 (11th Cir. 2009).

United States v. Pelzer Realty Co., Inc., & William G. Thames, 484 F.2d 438 (5th Cir. 1973).

United States v. Gilman, 341 F. Supp. 891 (S.D.N.Y. 1972).

Manal Farhan v. 2715 NMA LLC (7th Cir. 2025).

— 42 U.S.C. § 3604(c) — 4 cases

Gilead Cmty. Servs., Inc. v. Cromwell (D. Conn. 2019).

Borum v. Brentwood Vill., LLC (D.D.C. 2020).

Czerwinski v. Gallagher (E.D. Mich. 2023).

— 42 U.S.C. § 3604(e) — 2 cases

Michigan Prot. & Advocacy Serv., Inc. v. Babin, 799 F. Supp. 695 (E.D. Mich. 1992).

United States v. Bob Lawrence Realty, Inc., 327 F. Supp. 487 (N.D. Ga. 1971).

— 42 U.S.C. § 3604(f) — 3 cases

Arnold Murray Constr., L.L.C. v. Hicks, 2001 SD 7 (S.D. 2001).

Trovato v. City of Manchester, NH, 992 F. Supp. 493 (D.N.H. 1997).

White v. San Diego Sunrise Mgmt. Co. (S.D. Cal. 2019).

— 42 U.S.C. § 3604(f)(1) — 7 cases

Groome Resources Ltd, Llc, United States of Am., Intervenor v. Par. of Jefferson, 234 F.3d 192 (5th Cir. 2000).

Blake Gardens, LLC v. New Jersey, 309 F. Supp. 3d 240 (D.N.J. 2018).

Harmony Haus Westlake, LLC v. Parkstone Prop. Owners Ass'n, Inc. (W.D. Tex. 2020).

Grp. Home on Gibson Island, LLC v. Gibson Island Corp. (4th Cir. 2025).

Oxford House Inc v. Twp. of North Bergen (3rd Cir. 2025).

— 42 U.S.C. § 3604(f)(1)(A) — 1 case

Douglas v. Kriegsfeld Corp., 849 A.2d 951 (D.C. 2004).

— 42 U.S.C. § 3604(f)(1)(B) — 2 cases

ReMed Recovery Care Centers v. Twp. of Willistown, 36 F. Supp. 2d 676 (E.D. Pa. 1999).

Judy Shaw Found. v. City of Howard, South Dakota (D.S.D. 2026).

— 42 U.S.C. § 3604(f)(2) — 2 cases

Fair Hous. Rights Ctr. in Se. Pennsylvania v. Sj Lofts, LLC (E.D. Pa. 2021).

Schied (D.S.D. 2026).

— 42 U.S.C. § 3604(f)(3) — 2 cases

White v. San Diego Sunrise Mgmt. Co. (S.D. Cal. 2019).

Blake Gardens, LLC v. State of New Jersey (D.N.J. 2019).

— 42 U.S.C. § 3604(f)(3)(B) — 2 cases

Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep't of Health & Human Resources, 19 F. Supp. 2d 567 (N.D.W. Va. 1998).

Schied (D.S.D. 2026).

— 42 U.S.C. § 3604(f)(3)(C) — 1 case

Nitschke (M.D. Tenn. 2026).

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