24 C.F.R. § 100.80
§ 100.80 Discriminatory representations on the availability of dwellings. (24 CFR Part 100)
Operative Text
(a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental. (b) Prohibited actions under this section include, but are not limited to: (1) Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, handicap, familial status, or national origin. (2) Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale of rental of a dwelling to a person. (3) Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin. (4) Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin. (5) Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, handicap, familial status, or national origin. (6) Representing to an applicant that a unit is unavailable because of the applicant's response to a request for a sexual favor or other harassment because of race, color, religion, sex, handicap, familial status, or national origin.
Under 24 CFR Part 100 § 100.80, it is unlawful to give false or misleading information about whether a dwelling is available for sale or rent when that misrepresentation is motivated by a protected characteristic such as race, religion, sex, disability, familial status, or national origin. This covers a wide range of conduct, from falsely claiming a unit has already been rented, to withholding information about suitable listings, to invoking discriminatory deed restrictions, to misrepresenting availability in response to a housing applicant's refusal of sexual advances. The rule applies even when the person receiving the false information is a fair-housing tester rather than an actual housing seeker.
Plain English — not legal advice.
Property owners and managers operating under 24 CFR Part 100 § 100.80 generally ensure that availability information provided to any inquirer — including testers — accurately reflects the actual status of every unit, regardless of the inquirer's protected characteristics. Compliant operators do not selectively withhold listings, falsely report units as rented, or invoke deed or lease covenants that purport to restrict occupancy on a protected basis. Staff training typically addresses how availability must be communicated consistently and how to handle inquiries in a way that does not vary based on a prospective resident's race, religion, sex, disability, familial status, or national origin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.80 of 24 CFR Part 100 protects housing seekers from being told a unit is unavailable — or from receiving incomplete listing information — when that misrepresentation is rooted in a protected characteristic. If a tenant or applicant believes they received false availability information for a discriminatory reason, they may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or a state or local fair-housing agency. Tenant-rights organizations can help individuals understand the complaint process and identify whether the conduct they experienced may fall within this provision's scope.
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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