For the purpose of this subpart, the following definitions shall apply:

1. (a) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit.
2. (b) Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

3. (c) Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with:

   1. (1) A parent or another person having legal custody of such individual or individuals; or

   2. (2) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

      The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

4. (d) Handicap means, with respect to a person:

   1. (1) A physical or mental impairment which substantially limits one or more of such person's major life activities,
   2. (2) A record of having such an impairment, or

   3. (3) Being regarded as having such an impairment,

      but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

5. (e) Residential real estate-related transaction means any of the following:

   1. (1) The making or purchasing of loans or providing other financial assistance:

      1. (i) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
      2. (ii) Secured by residential real estate.
   2. (2) The selling, brokering, or appraising of residential real property.

[57 FR 13637, Apr. 17, 1992. Redesignated at 62 FR 4441, Jan. 30, 1997]