U.S. Code » Title 42 » Chapter CHAPTER 45— FAIR HOUSING › Subchapter SUBCHAPTER II— PREVENTION OF INTIMIDATION

42 U.S.C. § 3631

Violations; penalties

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Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—(a) any person because of his race, color, religion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or(b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—(1) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin, in any of the activities, services, organizations or facilities described in subsection (a); or(2) affording another person or class of persons opportunity or protection so to participate; or(c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin, in any of the activities, services, organizations or facilities described in subsection (a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate—shall be fined under title 18 or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under title 18 or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under title 18 or imprisoned for any term of years or for life, or both.(Pub. L. 90–284, title IX, § 901, Apr. 11, 1968, 82 Stat. 89; Pub. L. 93–383, title VIII, § 808(b)(4), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, § 9, Sept. 13, 1988, 102 Stat. 1635; Pub. L. 103–322, title XXXII, § 320103(e), Sept. 13, 1994, 108 Stat. 2110; Pub. L. 104–294, title VI, § 604(b)(15), (27), Oct. 11, 1996, 110 Stat. 3507, 3508.)Editorial NotesAmendments

1996—Pub. L. 104–294, § 604(b)(27), substituted “under title 18” for “under this title” wherever appearing in closing provisions.

Pub. L. 104–294, § 604(b)(15), made technical amendment to directory language of Pub. L. 103–322, § 320103(e). See 1994 Amendment note below.

1994—Pub. L. 103–322, § 320103(e)(1), as amended by Pub. L. 104–294, § 604(b)(15), which directed amendment in the caption by striking “bodily injury; death;”, could not be executed because the words “bodily injury; death;” do not appear in the section catchline in the original.

Pub. L. 103–322, § 320103(e)(2)–(7), as amended by Pub. L. 104–294, § 604(b)(15), in concluding provisions, substituted “under this title” for “not more than $1,000,” before “or imprisoned not more than one year”, inserted “from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire” after “bodily injury results”, substituted “under this title” for “not more than $10,000,” before “or imprisoned not more than ten years”, inserted “from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill,” after “death results”, substituted “fined under this title or imprisoned” for “subject to imprisonment” before “for any term of years”, and inserted “, or both” before period at end.

1988—Cls. (a), (b)(1), (c). Pub. L. 100–430 inserted “, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title),” after “sex”.

1974—Pub. L. 93–383 inserted “, sex” after “religion” wherever appearing in cls. (a), (b)(1), and (c).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.

Effective 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.

Federally Protected Activities; Penalties

Penalties for violations respecting federally protected activities not applicable to and not affecting activities under fair housing provisions of subchapter I of this chapter, see section 101(b) of Pub. L. 90–284, set out as a note under section 245 of Title 18, Crimes and Criminal Procedure.

Notes of Decisions
Cited in 167 cases (33 in the last 5 years), 1977–2026 · leading case: Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020).
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Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 4× “§1681 (a) (Title IX); 42 U. S. C. §3631 (Fair Housing Act); 15 U.”
United States v. Porter, 928 F.3d 947 (10th Cir. 2019). · cites it 16× “Waldvogel's race, a violation of the Fair Housing Act, 42 U.S.C. § 3631 . The district court sentenced Mr.”
United States v. Magleby, 241 F.3d 1306 (10th Cir. 2001). · cites it 10× “§ 844 (h)(1), and 42 U.S.C. § 3631 (a). Finally, he argues that the district court erred in admitting several pieces of evidence which, he argues, were highly prejudicial and of little dr no probative value.”
United States v. Kenneth T. Hayward, & William B. Krause, Jr., 6 F.3d 1241 (7th Cir. 1993). · cites it 12× “§ 844 (h)(1) (use of fire or an explosive to commit a felony) and 42 U.S.C. § 3631 (b) (interference with housing rights by force or threat, of force) to this case.”
United States v. James G. Colvin, 353 F.3d 569 (7th Cir. 2003). · cites it 7× “§ 844 (h)(1), which punishes the use of fire in the commission of “any felony,” can be sustained when the predicate offense is a violation of 42 U.S.C. § 3631 , intimidation and interference with federal housing rights, which is a felony if fire is used.”
United States v. Juv. Male J.H.H., United States of Am. v. Juv. Male L.M.J., United States of Am. v. Juv. Male R.A.V., 22 F.3d 821 (8th Cir. 1994). · cites it 9× “§ 241 (1988), having interfered with federal housing rights by force or threat of force in violation of 42 U.S.C. § 3631 (1988), and having aided and abetted these crimes in violation of 18 U.”
United States v. Brandon Piekarsky, 687 F.3d 134 (3rd Cir. 2012). · cites it 8× “The Defendants were charged with criminal violation of the Fair Housing Act, 42 U.S.C. § 3631 , which penalizes actions taken against an individual on account of his race, color or national origin, and with the specific intent to intimidate the victim or others like him from…”
United States v. Keith Dwayne Gilbert, 813 F.2d 1523 (9th Cir. 1987). · cites it 7× “SKOPIL, Circuit Judge: Defendant-appellee Keith Dwayne Gilbert was charged in a one-count information and a four-count indictment of violating the Fair Housing Act, 42 U.S.C. § 3631 (b) and (c) (1982). The district court dismissed the information for failure to state an offense.”
United States v. Whitney, 229 F.3d 1296 (10th Cir. 2000). · cites it 6× “James Whitney was convicted of interfering with federal housing rights on the basis of race, in violation of 42 U.S.C. § 3631 (a), and conspiracy to interfere with those federal rights, in violation of 18 U.”
United States v. Bruce Roy Lee, 6 F.3d 1297 (8th Cir. 1993). · cites it 6× “The jury acquitted Lee on Count II of the indictment which charged him with interfering with housing rights by means of force or threat of force in violation of 42 U.S.C. § 3631 (a) (1988). The jury convicted Lee on Count III of the indictment which charged him with the use of…”
United States v. Martinez, 588 F.3d 301 (6th Cir. 2009). · cites it 2× “Wiegand, we interpreted what level of causation is required to show “if bodily injury results” under 42 U.S.C. § 3631 . No. 93-1735, 1994 WL 714347 , at *5, 1994 U.”
United States v. Samuel G. Redwine, Clifford G. Redwine, & Chester Strong, Defendants, 715 F.2d 315 (7th Cir. 1984). · cites it 3× “Count III charged that all four defendants violated 42 U.S.C. § 3631 by throwing firebombs into the Williams’ home on July 17, 1980, and thus willfully intimidated or interfered with the Williams family because of their race or color and because they occupied their home.”
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