HUD Handbook 4350.3 § 2-5
Fair Housing Act, Title VIII of the Civil Rights Act of l968 (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalProtected Classes (Federal)Operative Text
HUD Handbook 4350.3 § 2-5
A. General
The Fair Housing Act prohibits discrimination in most housing and housing-
related transactions with respect to the following bases:
1. Race;
2. Color;
3. Religion;
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4. Sex;
5. Disability;
6. Familial status; or
7. National origin.
The Act applies to all housing units subject to this handbook.
B. Prohibited Actions
Under the Fair Housing Act, owners or other housing providers must not take any
of the actions listed below based on race, color, religion, sex, disability, familial
status, or national origin:
1. Deny anyone the opportunity to apply to rent housing, or deny to any
qualified applicant the opportunity to lease housing suitable to his or her
needs;
2. Provide anyone housing that is different from that provided to others;
3. Subject anyone to segregation, even if by floor or wing;
4. Restrict anyone’s access to any benefit enjoyed by others in connection
with the housing program;
5. Treat anyone differently in determining eligibility or other requirements for
admission, in use of the housing amenities, facilities or programs, or in the
terms and conditions of a lease. See paragraph 2-5 C for a discussion of
the owner’s obligation to provide reasonable accommodations to persons
with disabilities;
6. Deny anyone access to the same level of services;
NOTE: An owner should be certain that all services at the project are
supplied in a nondiscriminatory fashion. For example, there cannot be a
preference for providing a service to persons of a specific religion, even if
the agency providing the service is a faith-based organization.
7. Deny anyone the opportunity to participate in a planning or advisory
group that is an integral part of the housing program;
8. Publish or cause to be published an advertisement or notice indicating the
availability of housing that prefers or excludes persons;
9. Discriminate in the provision of brokerage services or in residential real
estate transactions;
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10. Discriminate against someone because of that person’s relation to or
association with another individual; or
11. Retaliate against, threaten, or act in any manner to intimidate someone
because he or she has exercised rights under the Fair Housing Act.
C. Additional Protections for Persons with Disabilities
Although the Fair Housing Act generally requires applicants to be given equal
treatment and prohibits discrimination against anyone with respect to the
prohibited bases, there are certain limited circumstances when the Act requires a
housing provider to treat persons with disabilities differently to enable them to
have equal access to, or enjoyment of, housing and other housing-related
programs. Specifically, the Fair Housing Act requires housing providers to
provide “reasonable accommodations” to persons with disabilities. This means
an owner may have to modify rules, policies, practices, procedures and/or
services to afford a person with a disability an equal opportunity to use and enjoy
the housing. In addition, the Fair Housing Act contains specific accessibility
requirements that apply to the design and construction of new multifamily
housing built for first occupancy after March 13, 1991. (For further discussion
see paragraph 2-45.)
D. Obligation to Affirmatively Further Fair Housing
1. The Fair Housing Act also requires HUD to administer all programs and
activities relating to housing and urban development in a manner that
affirmatively further fair housing. See paragraph 2-9 for a discussion of
Civil Rights Related Program Requirements which implement this
obligation. In addition, Subpart M of 24 CFR, part 200, sets forth HUD’s
equal opportunity regulations for affirmative fair housing marketing under
FHA subsidized and unsubsidized housing programs. Each owner who
participates in HUD’s multifamily housing programs to which 24 CFR, part
200, applies must develop and provide a description of the Affirmative
Fair Housing Marketing Plan for the property to comply with the
requirements of Subpart M of 24 CFR, part 200. For example, under the
requirement of affirmatively furthering fair housing, an owner must
engage in affirmative marketing to groups least likely to apply for the
owner’s housing even if this group is different from the religious or ethnic
group generally served by the owner organization. HUD conducts
periodic compliance reviews in accordance with 24 CFR 108.40 to
determine if owners are meeting these requirements and implementing
their Affirmative Fair Housing Marketing Plans. The Affirmative Fair
Housing Marketing Plan (AFHMP) is described in paragraph 4-12 B and
the form is found in Appendix 1.
a. HUD does not require subsidized multifamily projects built prior to
February 1972 to have an Affirmative Fair Housing Marketing
Plan, unless the property has been substantially rehabilitated
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*subsequent to February 1972 or the plan is required by a housing
assistance contract. However, these owners are required to*
affirmatively market their units to those least likely to apply.
b. In addition, item 8 on the form HUD-935.2A, Affirmative Fair
Housing Marketing AFHM Plan – Multifamily Housing, requires the
owner to update the plan as the property’s circumstances change.
(See paragraph 4-12 F for more information.)
E. Fair Housing Poster
Owners of HUD-subsidized multifamily housing must also display the Fair
Housing poster required by the Fair Housing Act and HUD regulations at 24 CFR,
part 110.Source: Legislative text reproduced verbatim
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Related Rules
§ 5.105
§ 5.105 Other Federal requirements.
§ 8.50
§ 8.50 Assurances required.
§ 8.57
§ 8.57 Procedure for effecting compliance.