[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.202]



[Page 673]

 

                 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 D_Prohibition Against Discrimination Because of Handicap

 

Sec.  100.202  General prohibitions against discrimination because of 

handicap.



    (a) It shall be unlawful 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--

    (1) That buyer or renter;

    (2) A person residing in or intending to reside in that dwelling 

after it is so sold, rented, or made available; or

    (3) Any person associated with that person.

    (b) It shall be unlawful to discriminate against any person in the 

terms, conditions, or privileges of the sale or rental of a dwelling, or 

in the provision of services or facilities in connection with such 

dwelling, because of a handicap of--

    (1) That buyer or renter;

    (2) A person residing in or intending to reside in that dwelling 

after it is so sold, rented, or made available; or

    (3) Any person associated with that person.

    (c) It shall be unlawful to make an inquiry to determine whether an 

applicant for a dwelling, a person intending to reside in that dwelling 

after it is so sold, rented or made available, or any person associated 

with that person, has a handicap or to make inquiry as to the nature or 

severity of a handicap of such a person. However, this paragraph does 

not prohibit the following inquiries, provided these inquiries are made 

of all applicants, whether or not they have handicaps:

    (1) Inquiry into an applicant's ability to meet the requirements of 

ownership or tenancy;

    (2) Inquiry to determine whether an applicant is qualified for a 

dwelling available only to persons with handicaps or to persons with a 

particular type of handicap;

    (3) Inquiry to determine whether an applicant for a dwelling is 

qualified for a priority available to persons with handicaps or to 

persons with a particular type of handicap;

    (4) Inquiring whether an applicant for a dwelling is a current 

illegal abuser or addict of a controlled substance;

    (5) Inquiring whether an applicant has been convicted of the illegal 

manufacture or distribution of a controlled substance.

    (d) Nothing in this subpart 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.