24 C.F.R. § 100.5
§ 100.5 Scope. (24 CFR Part 100)
Operative Text
(a) It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions. (b) This part provides the Department's interpretation of the coverage of the Fair Housing Act regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, and the availability of residential real estate-related transactions. The illustrations of unlawful housing discrimination in this part may be established by a practice's discriminatory effect, even if not motivated by discriminatory intent, consistent with the standards outlined in § 100.500. (c) Nothing in this part relieves persons participating in a Federal or Federally-assisted program or activity from other requirements applicable to buildings and dwellings.
Under 24 CFR Part 100 § 100.5, federal fair housing policy prohibits differential treatment in the sale, rental, advertising, brokerage, and financing of housing based on protected characteristics including race, color, religion, sex, disability, familial status, or national origin. Importantly, a housing practice can violate this rule even when no discriminatory intent is present, if the practice produces a discriminatory effect as measured under the standards in § 100.500. Participation in federal or federally assisted programs does not exempt anyone from additional applicable building or housing requirements.
Plain English — not legal advice.
Property owners and managers operating under 24 CFR Part 100 § 100.5 generally ensure that their rental, sales, advertising, and brokerage practices do not treat people differently based on protected characteristics. Because § 100.5 recognizes discriminatory effect as a basis for a violation—not just discriminatory intent—compliant operators typically review neutral-seeming policies for potential disparate impacts on protected groups. Those involved in federally assisted housing programs also remain subject to any additional regulatory requirements that apply to their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.5 of 24 CFR Part 100 establishes that tenants and prospective tenants have a federal right to be free from discrimination in renting, advertising, and related housing services based on characteristics such as race, disability, familial status, and others. A housing provider's policy or practice may still constitute a violation under § 100.5 even if no discriminatory motive can be shown, which can be a meaningful avenue when challenging facially neutral rules. Tenants who believe this provision has been violated may consider filing a complaint with HUD, raising the issue before a local fair housing agency or rent board where applicable, or reaching out to a tenant-rights organization for general guidance.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.