[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR100.135]

[Page 654-655]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table of Contents
 
Subpart C_Discrimination in Residential Real Estate-Related Transactions
 
Sec. 100.135  Unlawful practices in the selling, brokering, or appraising 
of residential real property.

    (a) It shall be unlawful for any person or other entity whose 
business includes engaging in the selling, brokering or appraising of 
residential real property to discriminate against any person in making 
available such services, or in the performance of such services, because 
of race, color, religion, sex, handicap, familial status, or national 
origin.
    (b) For the purposes of this section, the term appraisal means an 
estimate or opinion of the value of a specified residential real 
property made in a business context in connection with the sale, rental, 
financing or refinancing of a dwelling or in connection with any 
activity that otherwise affects the availability of a residential real 
estate-related transaction, whether the appraisal is oral or written, or 
transmitted formally or informally.

[[Page 655]]

The appraisal includes all written comments and other documents 
submitted as support for the estimate or opinion of value.
    (c) Nothing in this section prohibits a person engaged in the 
business of making or furnishing appraisals of residential real property 
from taking into consideration factors other than race, color, religion, 
sex, handicap, familial status, or national origin.
    (d) Practices which are unlawful under this section include, but are 
not limited to, using an appraisal of residential real property in 
connection with the sale, rental, or financing of any dwelling where the 
person knows or reasonably should know that the appraisal improperly 
takes into consideration race, color, religion, sex, handicap, familial 
status or national origin.