Title 42The Public Health and WelfareRelease 119-73

§3603 Effective dates of certain prohibitions

Title 42 › Chapter CHAPTER 45— - FAIR HOUSING › Subchapter SUBCHAPTER I— - GENERALLY › § 3603

Last updated Apr 6, 2026|Official source

Summary

Bans discrimination when people sell or rent homes and says which homes were covered and when. Right away, the ban applied to homes owned or run by the federal government. It also applied to homes paid for with federal loans, grants, or guarantees under agreements made after November 20, 1962, unless those loans or payments were paid in full before April 11, 1968. Having a mortgage held by an FDIC or FSLIC bank alone does not make a home covered. The ban also covered homes built or rebuilt on land taken from state or local agencies that got federal aid for slum clearance or urban renewal under contracts made after November 20, 1962. After December 31, 1968, the rule applied to all other homes except the specific exemptions in part (b). The rule in 3604(c) is not affected by those exemptions. Some sales and rentals are exempt under part (b). A private owner selling or renting a single-family house is usually exempt if they do not own more than three such houses at once. If the owner does not live in the house or was not the last resident, that exemption applies only once in any twenty-four month period. The owner also must not have any interest in or a right to proceeds from more than three such houses. After December 31, 1969, that exemption only applies if the sale or rental is done without using real estate brokers or people in the business of selling or renting homes and without publishing, posting, or mailing any advertisement or written notice that breaks the rule in 3604(c). Using lawyers or title professionals to finish the sale is allowed. Also exempt are rooms or units in buildings with no more than four separate families if the owner actually lives in one of the units. Part (c) defines “in the business of selling or renting” by three rules: doing three or more sales as the main party in the past 12 months; acting as an agent and providing sales or rental services in two or more transactions in the past 12 months (not counting sale of your own home); or owning a building meant for five or more families.

Full Legal Text

Title 42, §3603

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

(a)Subject to the provisions of subsection (b) and section 3607 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 3604 of this title shall apply:
(1)Upon enactment of this subchapter, to—
(A)dwellings owned or operated by the Federal Government;
(B)dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968;
(C)dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and
(D)dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.
(2)After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b).
(b)Nothing in section 3604 of this title (other than subsection (c)) shall apply to—
(1)any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 3604(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
(2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(c)For the purposes of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if—
(1)he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
(2)he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or
(3)he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3603

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73