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24 C.F.R. § 100.202 : Housing and Urban Development — REGULATIONS RELATING TO HOUSING AND URBAN DEVELOPMENT — OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT — DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT — GENERAL — PROHIBITION AGAINST DISCRIMINATION BECAUSE OF HANDICAP — General prohibitions against discrimination because of handicap
Text
(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.
24 C.F.R. §100.202
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