---
kind: "section"
citation: "42 U.S.C. § 3604"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3604"
heading: "Discrimination in the sale or rental of housing and other prohibited practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3604"
units:
  - "Chapter 45 — Fair Housing"
  - "Subchapter I — Generally"
---

# §3604. Discrimination in the sale or rental of housing and other prohibited practices


As made applicable by [section 3603 of this title](/usc/42/3603.md) and except as exempted by sections [3603(b)](/usc/42/3603.md?p=b) and [3607](/usc/42/3607.md) of this title, it shall be unlawful—

- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a [dwelling](/usc/42/3602.md?p=b) to any [person](/usc/42/3602.md?p=d) because of race, color, religion, sex, [familial status](/usc/42/3602.md?p=k), or national origin.
- (b) To discriminate against any [person](/usc/42/3602.md?p=d) in the terms, conditions, or privileges of sale or rental of a [dwelling](/usc/42/3602.md?p=b), or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, [familial status](/usc/42/3602.md?p=k), or national origin.
- (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a [dwelling](/usc/42/3602.md?p=b) that indicates any preference, limitation, or discrimination based on race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin, or an intention to make any such preference, limitation, or discrimination.
- (d) To represent to any [person](/usc/42/3602.md?p=d) because of race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin that any [dwelling](/usc/42/3602.md?p=b) is not available for inspection, sale, or rental when such [dwelling](/usc/42/3602.md?p=b) is in fact so available.
- (e) For profit, to induce or attempt to induce any [person](/usc/42/3602.md?p=d) to sell or rent any [dwelling](/usc/42/3602.md?p=b) by representations regarding the entry or prospective entry into the neighborhood of a [person](/usc/42/3602.md?p=d) or [persons](/usc/42/3602.md?p=d) of a particular race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin.
- (f)
  - (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a [dwelling](/usc/42/3602.md?p=b) to any buyer or renter because of a [handicap](/usc/42/3602.md?p=h) of—
    - (A) that buyer or renter,[^1]
    - (B) a [person](/usc/42/3602.md?p=d) residing in or intending to reside in that [dwelling](/usc/42/3602.md?p=b) after it is so sold, rented, or made available; or
    - (C) any [person](/usc/42/3602.md?p=d) associated with that buyer or renter.
  - (2) To discriminate against any [person](/usc/42/3602.md?p=d) in the terms, conditions, or privileges of sale or rental of a [dwelling](/usc/42/3602.md?p=b), or in the provision of services or facilities in connection with such [dwelling](/usc/42/3602.md?p=b), because of a [handicap](/usc/42/3602.md?p=h) of—
    - (A) that [person](/usc/42/3602.md?p=d); or
    - (B) a [person](/usc/42/3602.md?p=d) residing in or intending to reside in that [dwelling](/usc/42/3602.md?p=b) after it is so sold, rented, or made available; or
    - (C) any [person](/usc/42/3602.md?p=d) associated with that [person](/usc/42/3602.md?p=d).
  - (3) For purposes of this subsection, discrimination includes—
    - (A) a refusal to permit, at the expense of the handicapped [person](/usc/42/3602.md?p=d), reasonable modifications of existing premises occupied or to be occupied by such [person](/usc/42/3602.md?p=d) if such modifications may be necessary to afford such [person](/usc/42/3602.md?p=d) full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.[^2]
    - (B) a refusal to make reasonable accommodations in rules, policies, [practices](/usc/42/17061.md?p=19), or services, when such accommodations may be necessary to afford such [person](/usc/42/3602.md?p=d) equal opportunity to use and enjoy a [dwelling](/usc/42/3602.md?p=b); or
    - (C) in connection with the design and [construction](/usc/42/300s–3.md?p=7) of covered multifamily [dwellings](/usc/42/3602.md?p=b) for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those [dwellings](/usc/42/3602.md?p=b) in such a manner that—
      - (i) the public use and common use portions of such [dwellings](/usc/42/3602.md?p=b) are readily accessible to and usable by handicapped [persons](/usc/42/3602.md?p=d);
      - (ii) all the doors designed to allow passage into and within all premises within such [dwellings](/usc/42/3602.md?p=b) are sufficiently wide to allow passage by handicapped [persons](/usc/42/3602.md?p=d) in wheelchairs; and
      - (iii) all premises within such [dwellings](/usc/42/3602.md?p=b) contain the following features of adaptive design:
        - (I) an accessible route into and through the [dwelling](/usc/42/3602.md?p=b);
        - (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
        - (III) reinforcements in bathroom walls to allow later installation of grab bars; and
        - (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
  - (4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of [paragraph (3)(C)(iii)](#f-3-C-iii).
  - (5)
    - (A) If a [State](/usc/42/3602.md?p=g) or [unit of general local government](/usc/42/11851.md?p=12) has incorporated into its laws the requirements set forth in [paragraph (3)(C)](#f-3-C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
    - (B) A [State](/usc/42/3602.md?p=g) or [unit of general local government](/usc/42/11851.md?p=12) may review and approve newly constructed covered multifamily [dwellings](/usc/42/3602.md?p=b) for the purpose of making determinations as to whether the design and [construction](/usc/42/300s–3.md?p=7) requirements of [paragraph (3)(C)](#f-3-C) are met.
    - (C) The [Secretary](/usc/42/3602.md?p=a) shall encourage, but may not require, [States](/usc/42/3602.md?p=g) and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily [dwellings](/usc/42/3602.md?p=b), determinations as to whether the design and [construction](/usc/42/300s–3.md?p=7) of such [dwellings](/usc/42/3602.md?p=b) are consistent with [paragraph (3)(C)](#f-3-C), and shall provide technical assistance to [States](/usc/42/3602.md?p=g) and units of local government and other [persons](/usc/42/3602.md?p=d) to implement the requirements of [paragraph (3)(C)](#f-3-C).
    - (D) Nothing in this subchapter shall be construed to require the [Secretary](/usc/42/3602.md?p=a) to review or approve the plans, designs or [construction](/usc/42/300s–3.md?p=7) of all covered multifamily [dwellings](/usc/42/3602.md?p=b), to determine whether the design and [construction](/usc/42/300s–3.md?p=7) of such [dwellings](/usc/42/3602.md?p=b) are consistent with the requirements of paragraph 3(C).
  - (6)
    - (A) Nothing in [paragraph (5)](#f-5) shall be construed to affect the authority and responsibility of the [Secretary](/usc/42/3602.md?p=a) or a [State](/usc/42/3602.md?p=g) or local [public agency](/usc/42/11851.md?p=8) certified pursuant to [section 3610(f)(3) of this title](/usc/42/3610.md?p=f-3) to receive and process complaints or otherwise engage in enforcement activities under this subchapter.
    - (B) Determinations by a [State](/usc/42/3602.md?p=g) or a [unit of general local government](/usc/42/11851.md?p=12) under paragraphs [(5)(A)](#f-5-A) and (B) shall not be conclusive in enforcement proceedings under this subchapter.
  - (7) As used in this subsection, the term “covered multifamily [dwellings](/usc/42/3602.md?p=b)” means—
    - (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and
    - (B) ground floor units in other buildings consisting of 4 or more units.
  - (8) Nothing in this subchapter shall be construed to invalidate or limit any law of a [State](/usc/42/3602.md?p=g) or political subdivision of a [State](/usc/42/3602.md?p=g), or other jurisdiction in which this subchapter shall be effective, that requires [dwellings](/usc/42/3602.md?p=b) to be designed and constructed in a manner that affords handicapped [persons](/usc/42/3602.md?p=d) greater access than is required by this subchapter.
  - (9) Nothing in this subsection requires that a [dwelling](/usc/42/3602.md?p=b) 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.

## Footnotes

[^1]: So in original. The comma probably should be a semicolon.
[^2]: So in original. The period probably should be a semicolon.

## Source credit

(Pub. L. 90–284, title VIII, § 804, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93–383, title VIII, § 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, §§ 6(a)–(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 1622, 1623, 1636.)

## Notes

### Editorial Notes

### Amendments

1988—Pub. L. 100–430, § 6(e), inserted “and other prohibited practices” in section catchline.

Subsecs. (a), (b). Pub. L. 100–430, § 6(b)(2), inserted “familial status,” after “sex,”.

Subsecs. (c) to (e). Pub. L. 100–430, § 6(b)(1), inserted “handicap, familial status,” after “sex,”.

Subsec. (f). Pub. L. 100–430, § 6(a), added subsec. (f).

Subsec. (f)(3)(A). Pub. L. 100–430, § 15, which directed the substitution of “except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.” for the period at the end of subpar. (A) was executed by making the substitution for a semicolon as the probable intent of Congress because subpar. (A) ended with a semicolon, not a period.

1974—Pub. L. 93–383 inserted “, sex” after “religion” wherever appearing in cls. (a) to (e).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment 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.