As made applicable by section 3603
of this title and except as exempted by sections 3603(b)
and 3607 of this title, it shall be unlawful -
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(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 to
any person because of race, color, religion, sex, familial status,
or national origin. |
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(b) To discriminate against any person
in the terms, conditions, or privileges of sale or rental of a dwelling,
or in the provision of services or facilities in connection therewith,
because of race, color, religion, sex, familial status, or national
origin. |
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(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 that indicates any
preference, limitation, or discrimination based on race, color, religion,
sex, handicap, familial status, or national origin, or an intention
to make any such preference, limitation, or discrimination. |
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(d) To represent to any person because
of race, color, religion, sex, handicap, familial status, or national
origin that any dwelling is not available for inspection, sale, or
rental when such dwelling is in fact so available. |
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(e) For profit, to induce or attempt
to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, sex, handicap,
familial status, or national origin. |
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(f)
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(1) 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 -
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(A) that buyer or renter,
[1]
[1] So in
original. The comma probably should be a semicolon.
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(B) a person residing in or intending
to reside in that
dwelling after it is so sold, rented, or made available;
or
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(C) any person associated
with that buyer or renter. |
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(2) To discriminate against any person in
the terms, conditions, or privileges of sale or rental of a
dwelling, or in the provision of services or facilities in connection
with such dwelling, because of a handicap of -
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(B) a person residing in or intending
to reside in that
dwelling after it is so sold, rented, or made available;
or
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(C) any person associated
with that person. |
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(3) For purposes of this subsection,
discrimination includes -
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(A) a refusal to permit,
at the expense of the handicapped
person, reasonable modifications of existing premises
occupied or
to be occupied by such person if such modifications may
be
necessary to afford such person 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]
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(B) a refusal to make reasonable
accommodations in rules,
policies, practices, or services, when such accommodations
may be
necessary to afford such person equal opportunity to use
and
enjoy a dwelling; or
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(C) in connection with the
design and construction of covered
multifamily dwellings for first occupancy after the date
that is
30 months after September 13, 1988, a failure to design
and
construct those dwellings in such a manner that -
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(i) the public use
and common use portions of such dwellings
are readily accessible to and usable by handicapped
persons;
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(ii) all the doors
designed to allow passage into and within
all premises within such dwellings are sufficiently
wide to
allow passage by handicapped persons in wheelchairs;
and
(iii) all premises within such dwellings contain
the
following features of adaptive design:
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(I) an accessible route into
and through the dwelling; |
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(II) light switches, electrical
outlets, thermostats, and
other environmental controls in accessible locations;
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(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.
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(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). |
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(5)
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(A) If a State or unit of general local government has
incorporated into its laws the requirements set forth
in paragraph (3)(C), compliance with such laws shall be
deemed to satisfy the requirements of that paragraph.
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(B) A State or unit of general
local government may review and approve newly constructed
covered multifamily dwellings for the purpose of making
determinations as to whether the design and construction
requirements of paragraph (3)(C) are met. |
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(C) The Secretary shall encourage,
but may not require, States and units of local government
to include in their existing procedures for the review
and approval of newly constructed covered multifamily
dwellings, determinations as to whether the design and
construction of such dwellings are consistent with paragraph
(3)(C), and shall provide technical assistance to States
and units of local government and other persons to implement
the requirements of paragraph (3)(C). |
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(D) Nothing in this subchapter
shall be construed to require the Secretary to review
or approve the plans, designs or construction of all covered
multifamily dwellings, to determine whether the design
and construction of such dwellings are consistent with
the requirements of paragraph 3(C). |
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(6)
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(A) Nothing in paragraph (5) shall be construed to affect
the authority and responsibility of the Secretary or a
State or local public agency certified pursuant to section
3610(f)(3)
of this title to receive and process complaints or otherwise
engage in enforcement activities under this subchapter.
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(B) Determinations by a State
or a unit of general local government under paragraphs
(5)(A) and (B) shall not be conclusive in enforcement
proceedings under this subchapter. |
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(7) As used in this subsection,
the term ''covered multifamily dwellings'' means -
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(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.
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(8) Nothing in this subchapter
shall be construed to invalidate or limit any law of a State
or political subdivision of a State, or other jurisdiction in
which this subchapter shall be effective, that requires dwellings
to be designed and constructed in a manner that affords handicapped
persons greater access than is required by this subchapter.
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(9) Nothing in this subsection
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. |
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