§3602 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the main words used in this part of the law. Secretary means the head of the Department of Housing and Urban Development (HUD). Dwelling means a house, apartment, part of a building used as a home, or vacant land offered for sale or lease to build a home. Family can be a single person. Person can be one or more people or many kinds of organizations and legal entities, like corporations, partnerships, trusts, unions, trustees, receivers, and similar groups. To rent covers leasing, subleasing, letting, or any paid right to live in a place you do not own. Discriminatory housing practice means an action that is illegal under sections 3604, 3605, 3606, or 3617. State includes the States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Handicap means (1) a physical or mental condition that substantially limits major life activities, (2) a record of such a condition, or (3) being treated as if you have such a condition. Aggrieved person is anyone who says they were harmed by a discriminatory housing practice or believes one is about to happen. Complainant is the person (including the Secretary) who files a complaint under section 3610. Familial status means one or more people under 18 living with a parent, legal custodian, or the parent’s designee with written permission. Conciliation is an informal attempt to settle a complaint with the aggrieved person, the respondent, and the Secretary. Conciliation agreement is the written deal that resolves those issues. Respondent is the person or entity accused in a complaint and anyone else identified and notified during the investigation under section 3610(a). Prevailing party has the same meaning as in section 1988.

Title 42, §3602

The Public Health and Welfare — Source: USLM XML via OLRC

As used in this subchapter—

(a)“Secretary” means the Secretary of Housing and Urban Development.

(b)“Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(c)“Family” includes a single individual.

(d)“Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries.

(e)“To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(f)“Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.

(g)“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

(h)“Handicap” means, with respect to a person—

(1)a physical or mental impairment which substantially limits one or more of such person’s major life activities,

(2)a record of having such an impairment, or

(3)being regarded as having such an impairment,

(i)“Aggrieved person” includes any person who—

(1)claims to have been injured by a discriminatory housing practice; or

(2)believes that such person will be injured by a discriminatory housing practice that is about to occur.

(j)“Complainant” means the person (including the Secretary) who files a complaint under section 3610 of this title.

(k)“Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with—

(1)a parent or another person having legal custody of such individual or individuals; or

(2)the designee of such parent or other person having such custody, with the written permission of such parent or other person.

(l)“Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.

(m)“Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

(n)“Respondent” means—

(1)the person or other entity accused in a complaint of an unfair housing practice; and

(2)any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 3610(a) of this title.

(o)“Prevailing party” has the same meaning as such term has in section 1988 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (f). Pub. L. 100–430, § 5(a), substituted “3606, or 3617” for “or 3606”. Subsecs. (h) to (o). Pub. L. 100–430, § 5(b), added subsecs. (h) to (o). 1978—Subsec. (d). Pub. L. 95–598 substituted “trustees in cases under title 11” for “trustees in bankruptcy”.

Statutory Notes and Related Subsidiaries

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of 1988 AmendmentAmendment 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.

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of 1978 AmendmentAmendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an

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note preceding section 101 of Title 11, Bankruptcy. Transvestism section 6(b)(3) of Pub. L. 100–430 provided that: “For the purposes of this Act [see

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of 1988 Amendment note set out under section 3601 of this title] as well as chapter 16 of title 29 of the United States Code [29 U.S.C. 701 et seq.], neither the term ‘individual with handicaps’ nor the term ‘handicap’ shall apply to an individual solely because that individual is a transvestite.”

§3602 Definitions

Summary

Title 42, §3602

Notes & Related Subsidiaries

Editorial Notes

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Statutory Notes and Related Subsidiaries

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