2-15 Unlawful Refusal to Rent or Negotiate for Rental

• A. Owners may not refuse, either directly or indirectly, to rent or negotiate for rental of a dwelling based on an individual’s race, color, religion, sex, disability, familial status, or national origin, or those of a person associated with the individual.

• B. Examples of prohibited activities based on race, color, religion, sex, disability, familial status, or national origin include, but are not limited to, the following:

  1. Setting different rental fees for a person;

  2. Not applying the screening criteria outlined in the tenant selection plan uniformly to all applicants;

  3. Restricting selection of persons with disabilities in housing when this is in violation of program rules or the owner’s contract with HUD; and

  4. Preventing a household with children under age 6 from occupying a unit even if there are lead hazards in the unit. The owner must advise the household of the hazards, but the choice to occupy the unit is the household’s.

NOTE: Owners may affirmatively market lead-hazard-free units to families with children under the age of 6. For further information, refer to 24 CFR, part 35, and Federal Register Vol. 64, No. 178, p. 50158.