42 U.S.C. § 3631 – Criminal Interference with the Right to Fair Housing
This statute makes it a federal crime to use force or threats to interfere with housing rights based on protected characteristics.
This law focuses on violence, intimidation, or threats used to block, punish, or discourage lawful housing activity when motivated by bias.
Who is protected.
The statute applies when conduct is motivated by a person’s:
- Race
- Color
- Religion
- Sex
- National origin
- Handicap (as defined in 42 U.S.C. § 3602)
- Familial status (as defined in 42 U.S.C. § 3602)
What the law prohibits.
A person violates this statute if they willfully use force or threats of force to:
- Injure, intimidate, or interfere with someone because they are buying, selling, renting, financing, occupying, or negotiating for housing
- Interfere with participation in services, organizations, or facilities connected to the housing or rental market
- Intimidate someone to prevent equal access to housing-related opportunities
- Punish or discourage a person for lawfully aiding, encouraging, or advocating for fair housing rights
- Attempt any of the above conduct
This statute applies whether or not the accused acted under color of law.
Penalties.
Penalties escalate based on harm and conduct involved:
- Up to 1 year in prison for violations involving force or threats without serious injury
- Up to 10 years if bodily injury results or if a dangerous weapon, fire, or explosives are used or threatened
- Any term of years or life imprisonment if death results, or if the offense includes kidnapping, aggravated sexual abuse, or attempted killing
Relationship to civil rights enforcement.
This statute criminally enforces federal fair housing protections and often overlaps with civil enforcement actions under the Fair Housing Act. Criminal charges typically involve allegations of violence, threats, or intimidation rather than discriminatory policies alone.
If you are being investigated or charged under federal fair housing criminal statutes, call (314) 900-HELP or contact our criminal defense attorneys to review the allegations and potential defenses.
