Equal Housing Opportunity sign(Section § 110.1 )

Equal Housing Opportunity Sign /Fair Housing sign- The Federal Fair Housing Act makes it illegal to discriminate in the sale and rental of housing, in advertising housing and in financing of housing. to install in the entrance to the building/office in a visible place

Subpart A—Purpose and Definitions

§ 110.1 Purpose.

The regulations set forth in this part contain the procedures established by the Secretary of Housing and Urban Development with respect to the display of a fair housing poster by persons subject to sections 804 through 806 of the Fair Housing Act, 42 U.S.C. 3604--3606.

[Codified to 24 C.F.R. § 110.1]

[Section 110.1 amended at 40 Fed. Reg. 20079, May 8, 1975; 54 Fed. Reg. 3310, January 23, 1989, effective March 12, 1989]

§ 110.5 Definitions.

(a) The terms Department and Secretary are defined in 24 CFR part 5.

(b) Discriminatory housing practice means an act that is unlawful under section 804, 805, 806, or 818 of the Act.

(c) Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(d) Family includes a single individual.

(e) Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 U.S.C., receivers and fiduciaries.

(f) Fair housing poster means the poster prescribed by the Secretary for display by persons subject to sections 804--806 of the Act.

(g) The Act means the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), 42 U.S.C. 3600, et seq.

(h) Person in the business of selling or renting dwellings means a person as defined in section 803(c) of the Act.

[Codified to 24 C.F.R. § 110.5]

[Section 110.5 amended at 37 Fed. Reg. 3429, February 16, 1972; 40 Fed. Reg. 20079, May 8, 1975; 54 Fed. Reg. 3111, January 23, 1989; 61 Fed. Reg. 5205, February 9, 1996, effective March 11, 1996]

Subpart B—Requirements for Display of Posters

§ 110.10 Persons subject.

(a) Except to the extent that paragraph (b) of this section applies, all persons subject to section 804 of the Act, Discrimination in the Sale or Rental of Housing and Other Prohibited Practices, shall post and maintain a fair housing poster as follows:

(1) With respect to a single-family dwelling (not being offered for sale or rental in conjunction with the sale or rental of other dwellings) offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person shall post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental.

(2) With respect to all other dwellings covered by the Act:

(i) A fair housing poster shall be posted and maintained at any place of business where the dwelling is offered for sale or rental, and

(ii) A fair housing poster shall be posted and maintained at the dwelling, except that with respect to a single-family dwelling being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings instead of at each of the individual dwellings.

(3) With respect to those dwellings to which paragraph (a)(2) of this section applies, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental.

(b) This part shall not require posting and maintaining a fair housing poster:

(1) On vacant land, or

(2) At any single-family dwelling, unless such dwelling

(i) Is being offered for sale or rental in conjunction with the sale or rental of other dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in paragraph (a)(2)(ii) of this section, or

(ii) Is being offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in paragraph (a)(1) of this section.

(c) All persons subject to section 805 of the Act, Discrimination In Residential Real Estate-Related Transactions shall post and maintain a fair housing poster at all their places of business which participate in the covered activities.

(d) All persons subject to section 806 of the Act, Discrimination in the Provision of Brokerage Services, shall post and maintain a fair housing poster at all their places of business.

[Codified to 24 C.F.R. § 110.10]

[Section 110.10 amended at 54 Fed. Reg. 3311, January 23, 1989, effective March 12, 1989]

§ 110.15 Location of posters.

All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services as contemplated by sections 804 through 806 of the Act.

[Codified to 24 C.F.R. § 110.15]

[Section 110.15 amended at 54 Fed. Reg. 3311, January 23, 1989, effective March 12, 1989]

§ 110.20 Availability of posters.

All persons subject to this part may obtain fair housing posters from the Department's regional and area offices. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from the Department.

[Codified to 24 C.F.R. § 110.20]

§ 110.25 Description of posters.

(a) The fair housing poster shall be 11 inches by 14 inches and shall bear the following legend:

EQUAL HOUSING OPPORTUNITY

We do Business in Accordance With the Fair Housing Act

(The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988)

IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, (HAVING ONE OR MORE CHILDREN), OR NATIONAL ORIGIN

• In the sale or rental of housing or residential lots.

• In advertising the sale or rental of housing.

• In the financing of housing.

• In the appraisal of housing.

• In the provision of real estate brokerage services.

• Blockbusting is also illegal.

Anyone who feels he or she has been discriminated against should send a complaint to: U.S. Department of Housing and Urban Development, Assistant Secretary for Fair Housing and Equal Opportunity, Washington, D.C. 20410

HUD Region or [Area Office stamp]

(b) The Assistant Secretary for Equal Opportunity may grant a waiver permitting the substitution of a poster prescribed by a Federal financial regulatory agency for the fair housing poster described in paragraph (a) of this section. While such waiver remains in effect, compliance with the posting requirements of such regulatory agency shall be deemed compliance with the posting requirements of this part. Such waiver shall not affect the applicability of all other provisions of this part.

[Codified to 24 C.F.R. § 110.25]

[Section 110.25 amended at 40 Fed. Reg. 20079, May 8, 1975; 54 Fed. Reg. 3311, January 23, 1989, effective March 12, 1989]

Subpart C—Enforcement

§ 110.30 Effect of failure to display poster.

Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the Secretary pursuant to part 105 of this chapter. A failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice.

General Information:

Fair Housing Poster

Attention: Real Estate Agents/Brokers, Financial Institutions, Property Owners, Landlords & Building Superintendents. This Fair Housing Poster is required by the Fair Housing Act and HUD regulations at 24 CFR, part 110 to be displayed by:

a real estate broker, agent or salesman, or person in the business of selling or renting dwellings
at any place of business where a dwelling covered by the Act is offered for sale or rental
at any place of business involved with making or purchasing of loans or providing financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate
at any place of business involved with the selling, brokering, or appraising of residential real property

Federal Fair Housing Act

The Fair Housing Act [42 U.S.C. 3601 et seq.] protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children.

In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin:

Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Otherwise deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale or rental
For profit, persuade, or try to persuade homeowners to sell or rent dwellings by suggesting that people of a particular race, etc. have moved, or are about to move into the neighborhood (blockbusting)
Deny any person access to, membership or participation in, any organization, facility or service (such as a multiple listing service) related to the sale or rental of dwellings, or discriminate against any person in the terms or conditions of such access, membership or participation.

In Mortgage Lending: No one may take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin:

Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan, such as different interest rates, points, or fees
Discriminate in appraising property
Refuse to purchase a loan
Set different terms or conditions for purchasing a loan

In addition, it is a violation of the Fair Housing Act to:

Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right
Make, print, or publish any statement, in connection with the sale or rental of a dwelling, which indicates a preference, limitation, or discrimination based on a protected characteristic
Refuse to provide homeowners insurance coverage for a dwelling based on a protected characteristic
Discriminate in the terms or conditions of homeowners insurance coverage based on a protected characteristic
Refuse to provide available information on the full range of homeowners insurance coverage options available because of the race, etc. of the owner and/or occupants of a dwelling
Make print or publish any statement, in connection with the provision of homeowners insurance coverage, that indicates a preference, limitation or discrimination based on based on a protected characteristic

Subpart C—Enforcement

110.30 Effect of failure to display poster.

AUTHORITY: 42 U.S.C. 3535(d), 3600--3620.

SOURCE: 37 FR 3429, Feb. 16, 1972.

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