PRIA, Government Policy, Made Personal

Summary

Lists and explains the key words used in these housing rules so people know what they mean. "Secretary" means the head of the Department of Housing and Urban Development. "Dwelling" means a building or part of a building used as a home, or empty land offered to build or place a home. "Family" can be just one person. "Person" covers people and many kinds of organizations and legal agents (like companies, partnerships, trusts, unions, trustees, receivers, and similar entities). "To rent" also means to lease, sublease, or let someone live in a place for payment. "Discriminatory housing practice" means any act illegal under sections 3604, 3605, 3606, or 3617. "State" includes the states, the District of Columbia, Puerto Rico, and U.S. territories. "Handicap" means a serious physical or mental problem that limits major life activities, a record of that problem, or being thought to have it, but not current illegal drug use or addiction (as defined in 21 U.S.C. 802). "Aggrieved person" is someone who says they were harmed by, or fear they will be harmed by, such a practice. "Complainant" is the person (including the Secretary) who files a complaint under section 3610. "Familial status" covers households with one or more people under 18 living with a parent or legal custodian or that person’s designee with written permission, and it also covers pregnant people and those trying to get custody of a child under 18. "Conciliation" is an attempt to settle complaints by informal talks with the aggrieved person, the respondent, and the Secretary. "Conciliation agreement" is the written deal that settles those issues. "Respondent" is the person or group accused in a complaint and anyone else identified and notified during the investigation. "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,

but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21).

(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.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(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

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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Citations & Metadata