
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3605]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3605. Discrimination in residential real estate-related 
        transactions
        

(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.

(Pub. L. 90-284, title VIII, Sec. 805, Apr. 11, 1968, 82 Stat. 83; Pub. 
L. 93-383, title VIII, Sec. 808(b)(2), Aug. 22, 1974, 88 Stat. 729; Pub. 
L. 100-430, Sec. 6(c), Sept. 13, 1988, 102 Stat. 1622.)


                               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''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3602, 3617 of this title; 
title 15 section 1691e.
