24 C.F.R. § 100.90
§ 100.90 Discrimination in the provision of brokerage services. (24 CFR Part 100)
Operative Text
(a) It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin. (b) Prohibited actions under this section include, but are not limited to: (1) Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, handicap, familial status, or national origin. (2) Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, handicap, familial status, or national origin. (3) Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, handicap, familial status, or national origin. (4) Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, handicap, familial status, or national origin. (5) Conditioning access to brokerage services on a person's response to harassment because of race, color, religion, sex, handicap, familial status, or national origin. (6) Subjecting a person to harassment because of race, color, religion, sex, handicap, familial status, or national origin that has the effect of discouraging or denying access to brokerage services.
Under 24 CFR Part 100 § 100.90, real estate industry organizations—including multiple listing services and brokers' associations—may not exclude, limit, or treat people differently when it comes to membership, access, or participation based on protected characteristics such as race, religion, sex, disability, familial status, or national origin. The rule also covers discriminatory fee structures, unequal member benefits, and geographic or location-based barriers applied for discriminatory reasons. Harassment that discourages someone from accessing brokerage services on the basis of a protected characteristic is likewise prohibited.
Plain English — not legal advice.
Property owners and managers who work with real estate brokers or brokerage organizations should be aware that 24 CFR Part 100 § 100.90 governs how those intermediary organizations must operate. Compliant brokers and MLS operators apply uniform membership fees, standards, and benefits regardless of a client's or member's protected characteristics. Operators generally review their membership criteria and fee schedules to confirm that no policy—written or informal—creates differential treatment tied to race, religion, sex, disability, familial status, or national origin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
24 CFR Part 100 § 100.90 protects consumers and real estate professionals alike from being shut out of or treated unequally within brokerage services and MLS organizations on the basis of protected characteristics. If you believe you were denied access, charged different fees, or subjected to harassment in connection with a brokerage service for a discriminatory reason, general enforcement paths include filing a complaint with the U.S. Department of Housing and Urban Development (HUD) or a state fair housing agency. Tenant-rights and fair housing organizations can help explain what documentation is typically useful and what options may be available.
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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