24 C.F.R. § 100.7
§ 100.7 Liability for discriminatory housing practices. (24 CFR Part 100)
Operative Text
(a) Direct liability. (1) A person is directly liable for: (i) The person's own conduct that results in a discriminatory housing practice. (ii) Failing to take prompt action to correct and end a discriminatory housing practice by that person's employee or agent, where the person knew or should have known of the discriminatory conduct. (iii) Failing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it. The power to take prompt action to correct and end a discriminatory housing practice by a third-party depends upon the extent of the person's control or any other legal responsibility the person may have with respect to the conduct of such third-party. (2) For purposes of determining liability under paragraphs (a)(1)(ii) and (iii) of this section, prompt action to correct and end the discriminatory housing practice may not include any action that penalizes or harms the aggrieved person, such as eviction of the aggrieved person. (b) Vicarious liability. A person is vicariously liable for a discriminatory housing practice by the person's agent or employee, regardless of whether the person knew or should have known of the conduct that resulted in a discriminatory housing practice, consistent with agency law.
Under 24 CFR Part 100 § 100.7, the Fair Housing Act's liability framework reaches beyond the person who directly commits a discriminatory housing act. An owner, manager, or other principal can be held responsible for discriminatory conduct carried out by their employees or agents—even without actual knowledge of it—under vicarious liability principles drawn from general agency law. Additionally, any party who knew or reasonably should have known about discriminatory conduct by an employee, agent, or third party, and had the power to stop it, can face direct liability for failing to act promptly. Critically, 'corrective action' cannot include penalizing the person who was harmed, such as evicting them.
Plain English — not legal advice.
Property owners and management companies operating under 24 CFR Part 100 § 100.7 are generally expected to maintain oversight systems that allow them to detect and promptly address discriminatory conduct by staff, leasing agents, contractors, or other third parties over whom they exercise control. Because vicarious liability attaches regardless of actual knowledge, compliant operators typically implement fair housing training, written anti-discrimination policies, and clear reporting channels so that problematic conduct can be identified and corrected quickly. When a complaint arises, operators are generally careful to ensure that any responsive measures do not negatively affect the person who raised the concern—for example, initiating eviction proceedings against a complaining resident would itself be viewed as a violation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 100 § 100.7, tenants who experience discriminatory housing practices have recourse not only against the individual who committed the act, but potentially against the property owner or management company as well, since the rule establishes both direct and vicarious liability up the chain of authority. Importantly, the provision explicitly prohibits a landlord from responding to a discrimination complaint by taking adverse action—such as eviction—against the person who was harmed. Tenants who believe this provision has been violated may consider filing a complaint with the U.S. Department of Housing and Urban Development (HUD), raising the violation as a defense in any related housing proceeding, or reaching out to a local tenant-rights organization for general guidance on available options.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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