42 U.S.C. § 3602
Definitions (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
As used in this subchapter— “Secretary” means the Secretary of Housing and Urban Development. “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. “Family” includes a single individual. “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries. “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. “Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title. “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States. “Handicap” means, with respect to a person— a physical or mental impairment which substantially limits one or more of such person’s major life activities, a record of having such an impairment, or being regarded as having such an impairment, “Aggrieved person” includes any person who— claims to have been injured by a discriminatory housing practice; or believes that such person will be injured by a discriminatory housing practice that is about to occur. “Complainant” means the person (including the Secretary) who files a complaint under . “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with— a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary. “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation. “Respondent” means— the person or other entity accused in a complaint of an unfair housing practice; and any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under . “Prevailing party” has the same meaning as such term has in .
42 U.S.C. § 3602 establishes the foundational vocabulary for the federal Fair Housing Act by defining key terms used throughout the subchapter. Notably, 'dwelling' covers a broad range of residential structures and even vacant land intended for residential construction, while 'familial status' protects households that include children under 18. The definition of 'discriminatory housing practice' ties directly to unlawful acts identified in related sections, and 'handicap' encompasses not only current impairments but also records of past impairments and being perceived as having one.
Plain English — not legal advice.
Property owners and managers operating under 42 U.S.C. § 3602 should recognize that the statute's definitions are intentionally broad — for example, 'person' covers corporations and other entities, and 'to rent' includes subleases and other arrangements granting occupancy rights. Compliant operators generally apply these definitions consistently across all housing transactions, understanding that 'familial status' and 'handicap' protections extend to a wide range of household compositions and disability-related circumstances. Awareness of these definitions helps operators identify which transactions and practices fall within the scope of the Fair Housing Act's prohibitions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 42 U.S.C. § 3602, the term 'aggrieved person' is defined broadly to include anyone who claims to have been harmed — or believes they are about to be harmed — by a discriminatory housing practice, which means a wide range of people may have standing to pursue a complaint. Tenants who believe they have experienced unlawful treatment can explore options such as filing a complaint with HUD or raising a violation under the related substantive sections, and tenant-rights organizations can help explain how these definitions apply to a given situation.
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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