24 C.F.R. § 100.202
§ 100.202 General prohibitions against discrimination because of handicap. (24 CFR Part 100)
Operative Text
(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.
Under 24 CFR Part 100 § 100.202, it is unlawful to refuse to sell or rent a dwelling, or to impose different terms and conditions, because of a disability affecting the applicant, a prospective resident, or anyone associated with them. Housing providers are also generally barred from asking applicants whether they have a disability or how severe it is, though narrow exceptions exist for inquiries made uniformly of all applicants—such as questions about ability to meet tenancy requirements or about illegal drug use. The rule does not require a dwelling to be made available to someone whose presence would pose a direct threat to others' health, safety, or property.
Plain English — not legal advice.
Operators subject to 24 CFR Part 100 § 100.202 generally apply the same screening criteria, lease terms, and access to services to all applicants regardless of disability status. Compliant operators avoid asking about the existence or severity of any disability during the application process, reserving only those uniform inquiries the regulation expressly permits—such as whether an applicant can meet standard tenancy requirements or has a relevant criminal history related to controlled substances. Documenting that all applicants receive identical questions and evaluation criteria is a common practice for demonstrating consistency under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
24 CFR Part 100 § 100.202 protects applicants and residents from being denied housing, charged different terms, or subjected to disability-related questioning because of their own disability, that of a household member, or that of an associated person. Tenants or applicants who believe a housing provider has violated this provision may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or pursue a claim through federal or state fair housing channels. Tenant-rights organizations and fair housing councils can help individuals understand what options may be available under this rule.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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