§ 109.5 Policy. It is the policy of the United States to provide, within constitutional limitations,
for fair housing throughout the United States. The provisions of the Fair Housing Act (42 U.S.C. 3600,
et seq.) make it unlawful to discriminate in the sale, rental, and financing of housing, and in the
provision of brokerage and appraisal services, because of race, color, religion, sex, handicap,
familial status, or national origin. Section 804(c) of the Fair Housing Act, 42 U.S.C. 3604(c), as
amended, makes it unlawful to make, print, or publish, or cause to be made, printed, or published, any
notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates
any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial
status, or national origin, or an intention to make any such preference, limitation, or discrimination.
However, the prohibitions of the act regarding familial status do not apply with respect to housing for
older persons, as defined in section 807(b) of the act.