Page:United States Statutes at Large Volume 102 Part 2.djvu/618

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1622

State and local governments.

Safety.

42 USC 3606, 3604.

42 USC 3602 note.

PUBLIC LAW 100-430—SEPT. 13, 1988

receive and process complaints or otherwise engage in enforcement activities under this title. "(B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this title. "(7) As used in this subsection, the term 'covered multifamily dwellings' means— "(A) buildings consisting of 4 or more units if such buildings have one or more elevators; and "(B) ground floor units in other buildings consisting of 4 or more units. "(8) Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title. "(9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.". (b) ADDITIONAL PROTECTED CLASSES.—(1) Section 806 and subsections (c), (d), and (e) of section 804, are each amended by inserting "handicap, familial status," immediately after "sex," each place it appears. (2) Subsections (a) and 0)) of section 804 are each amended by inserting "familial status," after "sex," each place it appears. (3) For the purposes of this Act as well as chapter 16 of title 29 of the United States Ckxle, neither the term "individual with handicaps" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite. (c) DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANS-

ACTIONS.—Section 805 is amended to read as follows: "DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS

42 USC 3605.

42 USC 3607.

"SEC. 805. (a) IN GENERAL.—It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. "(b) DEFINITION.—As used in this section, the term 'residential real estate-related transaction' means any of the following: "(1) The making or purchasing of loans or providing other flnancial assistance— "(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or "(B) secured by residential real estate. "(2) The selling, brokering, or appraising of residential real property. "(c) APPRAISAL EXEMPTION.—Nothing in this title prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.". (d) ADDITIONAL EXEMPTION.—Section 807 is amended—