§ 3605. Discrimination in residential real estate-related transactions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1968

   Pub. L. 90–284 title VIII § 805 · 82 Stat. 73

   Enacted · 42 U.S.C. § 3605

   Pub. L. 90–284, title VIII, § 805, Apr. 11, 1968, 82 Stat. 83

   Source evidence

   Code source credit
   Pub. L. 90–284, title VIII, § 805, Apr. 11, 1968, 82 Stat. 83

   Enacted provision · exact public law section
   Sec. 805, discrimination in the financing of housing 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 n 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, 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 sec-tion shall impair the scope or effectiveness of the exception contained in section 803(b).

2. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title VIII § 808(b)(2) · 88 Stat. 634

   Inserted · 42 U.S.C. § 3605

   Pub. L. 93–383 inserted “, sex” after “religion”

   Source evidence

   Code amendment note
   Pub. L. 93–383 inserted “, sex” after “religion”.

   Enacted provision · exact public law section
   (2) Section 805 of such Act is amended by inserting a comma and 42 USC 3605. the word “sex” immediately after the word “religion”.

3. 1988

   Fair Housing Amendments Act of 1988

   Pub. L. 100–430 § 6(c) · 102 Stat. 1619

   Amended · 42 U.S.C. § 3605

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (c) Discrimination in Residential Real Estate-Related Transactions.— Section 805 is amended to read as follows: “Sec. 805. “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) Definition.— 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 title 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.”.

   Effective date note
   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.

3 of 3 references resolved to an enrolled provision