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8000 - Miscellaneous Statutes and Regulations
{{2-29-96 p.9733}}
PART 110—FAIR HOUSING POSTER
Subpart A—Purpose and Definitions
Sec.
110.1
Purpose.
110.5
Definitions.
Subpart B—Requirements for Display of Posters
110.10
Persons subject.
110.15
Location of posters.
110.20
Availability of posters.
110.25
Description of posters.
Subpart C—Enforcement
110.30
Effect of failure to display poster.
AUTHORITY: 42 U.S.C. 3535(d), 3600--3620.
SOURCE: 37 FR 3429, Feb. 16, 1972.
Subpart A—Purpose and Definitions
§ 110.1 Purpose.
The regulations set forth in this part contain the procedures
established by the Secretary of Housing and Urban Development with
respect to the display of a fair housing poster by persons subject to
sections 804 through 806 of the Fair Housing Act, 42 U.S.C. 3604--3606.
[Codified to 24 C.F.R. § 110.1]
[Section 110.1 amended at 54 Fed. Reg. 3310, January 23, 1989,
effective March 12, 1989]
§ 110.5 Definitions.
(a) The terms Department and Secretary are
defined in 24 CFR part 5.
(b) Discriminatory housing practice means an act that is
unlawful under section 804,
805,
806, or
818 of the Act.
(c) 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.
(d) Family includes a single individual.
(e) 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 U.S.C., receivers and fiduciaries.
(f) Fair housing poster means the poster prescribed by
the Secretary for display by persons subject to sections 804--806 of
the Act.
(g) The Act means the Fair Housing Act (The Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of 1988), 42
U.S.C. 3600, et seq.
(h) Person in the business of selling or renting dwellings
means a person as defined in
section 803(c) of the Act.
[Codified to 24 C.F.R. § 110.5]
[Section 110.5 amended at 54 Fed. Reg. 3311, January 23,
1989, effective March 12, 1989; 61 Fed. Reg. 5205, February 9, 1996,
effective March 11, 1996]
{{2-29-96 p.9734}}
Subpart B—Requirements for Display of
Posters
§ 110.10 Persons subject.
(a) Except to the extent that paragraph (b) of this section
applies, all persons subject to section 804 of the Act, Discrimination
in the Sale or Rental of Housing and Other Prohibited Practices, shall
post and maintain a fair housing poster as follows:
(1) With respect to a single-family dwelling (not being offered
for sale or rental in conjunction with the sale or rental of other
dwellings) offered for sale or rental through a real estate broker,
agent, salesman, or person in the business of selling or renting
dwellings, such person shall post and maintain a fair housing poster at
any place of business where the dwelling is offered for sale or rental.
(2) With respect to all other dwellings covered by the Act:
(i) A fair housing poster shall be posted and maintained at any
place of business where the dwelling is offered for sale or rental, and
(ii) A fair housing poster shall be posted and maintained at the
dwelling, except that with respect to a single-family dwelling being
offered for sale or rental in conjunction with the sale or rental of
other dwellings, the fair housing poster may be posted and maintained
at the model dwellings instead of at each of the individual dwellings.
(e) With respect to those dwellings to which paragraph (a)(2) of
this section applies, the fair housing poster must be posted at the
beginning of construction and maintained throughout the period of
construction and sale or rental.
(b) This part shall not require posting and maintaining a fair
housing poster:
(1) On vacant land, or
(2) At any single-family dwelling, unless such dwelling
(i) Is being offered for sale or rental in conjunction with the
sale or rental of other dwellings in which circumstances a fair housing
poster shall be posted and maintained as specified in paragraph
(a)(2)(ii) of this section, or
(ii) Is being offered for sale or rental through a real estate
broker, agent, salesman, or person in the business of selling or
renting dwellings in which circumstances a fair housing poster shall be
posted and maintained as specified in paragraph (a)(1) of this section.
(c) All persons subject to section
805 of the Act, Discrimination In Residential Real
Estate-Related Transactions shall post and maintain a fair housing
poster at all their places of business which participate in the covered
activities.
(d) All persons subject to section
806 of the Act, Discrimination in the Provision of Brokerage
Services, shall post and maintain a fair housing poster at all their
places of business.
[Codified to 24 C.F.R. § 110.10]
[Section 110.10 amended at 54 Fed. Reg. 3311, January 23,
1989, effective March 12,
1989]
§ 110.15 Location of posters.
All fair housing posters shall be prominently displayed so as to be
readily apparent to all persons seeking housing accommodations or
seeking to engage in residential real estate-related transactions or
brokerage services as contemplated by
sections 804 through 806 of
the Act.
[Codified to 24 C.F.R. § 110.15]
[Section 110.15 amended at 54 Fed. Reg. 3311, January 23,
1989, effective March 12,
1989]
§ 110.20 Availability of posters.
All persons subject to this part may obtain fair housing posters
from the Department's regional and area offices. A facsimile may be
used if the poster and the lettering are equivalent in size and
legibility to the poster available from the Department.
[Codified to 24 C.F.R. § 110.20]
{{2-29-96 p.9735}}
§ 110.25 Description of posters.
(a) The fair housing poster shall be 11 inches by 14 inches and
shall bear the following
legend:
EQUAL HOUSING OPPORTUNITY
We do Business in Accordance With the Fair Housing
Act
(The Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988)
IT IS ILLEGAL TO DISCRIMINATE AGAINST any person because of race, color, religion, sex, handicap,
familial status, (having one or more children), or national origin
• In the sale or rental of housing or residential lots.
• In advertising the sale or rental of housing.
• In the financing of housing.
• In the appraisal of housing.
• In the provision of real estate brokerage services.
• Blockbusting is also illegal.
Anyone who feels he or she has been discriminated against should
send a complaint to: U.S. Department of Housing and Urban Development,
Assistant Secretary for Fair Housing and Equal Opportunity, Washington,
D.C. 20410
or
HUD Region or [Area Office stamp]
(b) The Assistant Secretary for Equal Opportunity may grant a
waiver permitting the substitution of a poster prescribed by a federal
financial regulatory agency for the fair housing poster described in
paragraph (a) of this section. While such waiver remains in effect,
compliance with the posting requirements of such regulatory agency
shall be deemed compliance with the posting requirements of this part.
Such waiver shall not affect the applicability of all other provisions
of this part.
[Codified to 24 C.F.R. § 110.25]
[Section 110.25 amended at 40 Fed. Reg. 20079, May 8, 1975; 54 Fed.
Reg. 3311, January 23, 1989, effective March 12, 1989]
Subpart C—Enforcement
§ 110.30 Effect of failure to display poster.
Any person who claims to have been injured by a discriminatory
housing practice may file a complaint with the Secretary pursuant to
Part 105 of this chapter. A failure to display
{{2-29-96 p.9736}}the fair housing
poster as required by this part shall be deemed prima facie evidence of
a discriminatory housing practice.
[Codified to 24 C.F.R. § 110.30]
[The page following this is 9753.]
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