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PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT›Subpart A—General

§ 100.7 Liability for discriminatory housing practices.

24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act · 2026 edition · updated 2026-07-29 · United States

(a) Direct liability. (1) A person is directly liable for:

(i) The person's own conduct that results in a discriminatory housing practice.

(ii) Failing to take prompt action to correct and end a discriminatory housing practice by that person's employee or agent, where the person knew or should have known of the discriminatory conduct.

(iii) Failing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it. The power to take prompt action to correct and end a discriminatory housing practice by a third-party depends upon the extent of the person's control or any other legal responsibility the person may have with respect to the conduct of such third-party.

(2) For purposes of determining liability under paragraphs (a)(1)(ii) and (iii) of this section, prompt action to correct and end the discriminatory housing practice may not include any action that penalizes or harms the aggrieved person, such as eviction of the aggrieved person.

(b) Vicarious liability. A person is vicariously liable for a discriminatory housing practice by the person's agent or employee, regardless of whether the person knew or should have known of the conduct that resulted in a discriminatory housing practice, consistent with agency law.

[81 FR 63074, Sept. 14, 2016]

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▸ Contents — 24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act
24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act
  1. 24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Hou…
  2. ▸ PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT
    Overview
    1. ▸ Subpart A—General
      Overview
      1. § 100.1 Authority.
      2. § 100.5 Scope.
      3. § 100.7 Liability for discriminatory housing practices.
      4. § 100.10 Exemptions.
      5. § 100.20 Definitions.
    2. Subpart B—Discriminatory Housing Practices
    3. Subpart C—Discrimination in Residential Real Estate-Related Tr…
    4. Subpart D—Prohibition Against Discrimination Because of Handicap
    5. Subpart E—Housing for Older Persons
    6. Subpart F—Interference, Coercion or Intimidation
    7. Subpart G—Discriminatory Effect
    8. Subpart H— Quid Pro Quo and Hostile Environment Harassment

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