24 C.F.R. § 100.148
§ 100.148 Effective date. (24 CFR Part 100)
Operative Text
The privilege under this subpart applies to self-tests conducted both before and after January 30, 1998, except that a self-test conducted before January 30, 1998 is not privileged: (a) If there was a court action or administrative proceeding before January 30, 1998, including the filing of a complaint alleging a violation of the Fair Housing Act with the Department or a substantially equivalent state or local agency; or (b) If any part of the report or results were disclosed before January 30, 1998 to any aggrieved person, complainant, department or agency, or to the general public.
Section 100.148 establishes when the self-test privilege created by this subpart takes effect. The privilege generally covers self-tests conducted at any time, whether before or after January 30, 1998, but two circumstances strip away that protection for older tests: if legal or administrative proceedings—including a Fair Housing Act complaint—were already underway before that date, or if the test's results had already been disclosed to affected parties or the public before that date. In short, the cutoff date matters only when prior litigation or prior disclosure had already occurred.
Plain English — not legal advice.
Under § 100.148, property owners and managers who conducted self-tests before January 30, 1998 should be aware that the privilege does not automatically apply to those older tests. Compliant operators typically review whether any Fair Housing Act complaint, court action, or administrative proceeding was initiated before that date, and whether any test results were shared with outside parties or the public before then. Maintaining clear records of when self-tests were conducted and to whom, if anyone, results were disclosed helps establish whether the privilege under this subpart applies to pre-1998 testing activity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.148 means that a landlord cannot always shield pre-1998 self-test results behind the privilege if proceedings were already underway or results were already public before January 30, 1998. Tenants or advocacy organizations involved in a Fair Housing Act complaint that predates that cutoff may find that self-test materials from that era fall outside the privilege and could be accessible in a proceeding. Tenant-rights organizations and fair housing agencies can help individuals understand whether the conditions in § 100.148 might affect the availability of self-test evidence in a particular complaint or case.
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.
Effective Timeline
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