---
kind: "section"
citation: "24 C.F.R. § 100.202"
title: "24"
number: "100.202"
heading: "General prohibitions against discrimination because of handicap."
url: "https://uscodex.org/cfr/24/100.202"
---

# §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.

## Notes

### Authority

Authority: 42 U.S.C. 3535(d), 3600-3620.

### Source

Source: 54 FR 3283, Jan. 23, 1989, unless otherwise noted.