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PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT›Subpart D—Prohibition Against Discrimination Because of Handicap

§ 100.202 General prohibitions against discrimination because of handicap.

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

(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.

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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
    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
      Overview
      1. § 100.200 Purpose.
      2. § 100.201 Definitions.
      3. § 100.201a Incorporation by reference.
      4. § 100.202 General prohibitions against discrimination because …
      5. § 100.203 Reasonable modifications of existing premises.
      6. § 100.204 Reasonable accommodations.
      7. § 100.205 Design and construction requirements.
    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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