42 U.S.C. § 3605: Discrimination in…

Summary

It is illegal for anyone or any business that handles housing deals to refuse to offer a deal or to change the terms because of a person’s race, color, religion, sex, disability, family status (for example, having children), or national origin. This rule covers loans or other money help for buying, building, fixing, or keeping a home, and loans that are secured by a home. It also covers selling, brokering, and appraising homes. Appraisers may use factors other than those protected traits when they give a value.

Title 42, §3605

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

(a)In general

It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)“Residential real estate-related transaction” defined

As used in this section, the term “residential real estate-related transaction” means any of the following:

(1)The making or purchasing of loans or providing other financial assistance—

(A)for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(B)secured by residential real estate.

(2)The selling, brokering, or appraising of residential real property.

(c)Appraisal exemption

Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–430 amended section generally. Prior to amendment, section read as follows: “After December 31, 1968, it shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given: Provided, That nothing contained in this section shall impair the scope or effectiveness of the exception contained in section 3603(b) of this title.” 1974—Pub. L. 93–383 inserted “, sex” after “religion”.

Statutory Notes and Related Subsidiaries

Effective Date

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.

§3605 Discrimination in Residential Real Estate-related Transactions