1. Landlord - Tenant
2. Discrimination
3. Laws Against Housing Discrimination

Laws Against Housing Discrimination

Federal Law
State Law
What is Prohibited?
Special Provisions for People with Disabilities
Discrimination against Families with Children
Exemptions to the Fair Housing Act
Enforcement Provisions and Penalties for Violations of the Law

Federal law restricts discrimination in the rental, sale, marketing and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide origin, family status, i.e., pregnancy or having custody of a child under age 18 or impairment. Maryland and a number of its local jurisdictions have at least comparable laws, along with extra protections.

The national policy against housing discrimination is specified in the federal Fair Housing Act of 1968. In addition, there are arrangements in the Civil liberty Act of 1866 which the Supreme Court of the United States has actually interpreted as restricting "all racial discrimination, personal as well as public, in the sale or leasing of residential or commercial property." Unlike the 1968 law, the 1866 law contains no exceptions and no limitation on the amount of damages which can be granted to a complainant.

Who is Protected?

The federal Fair Housing Act is included in Title VIII of the Civil Rights Act of 1968. It was changed in 1974 and once again in 1978. The Fair Housing Act forbids housing discrimination against a person who falls in any of the following 7 groups. Anyone treated unjustly because of: race, color, faith, nationwide origin, sex, families with kids and people with specials needs (handicap). These 7 groups are thought about "secured classes" under the Act and its modifications. "Protected classes" mean the classifications of discrimination that are covered by the law.

Read the Law: The Fair Housing Act of 1968 (42 USC 3601, et seq.)

The courts have actually said that Maryland's law is "significantly comparable" to the federal law. In two crucial respects, Maryland gives more security. First, Maryland expands on the secured classes of the federal law. You can not be discriminated versus due to the fact that of your marital status, gender recognition, sexual preference, or income source.

Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual preference" indicates the identification of an individual regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to imply the gender related identity, appearance, expression, or habits of an individual, despite the person's appointed sex at birth. In addition, there is a limitation to the exemption for rooms or units in a home in which the owner occupies an unit as his/her principal house. In Maryland, these owners might turn down someone based on sex, sexual orientation, gender identity or marital status. However, they can not victimize somebody because of his/her race, color, religious beliefs, household status, nationwide origin, impairment, or source of earnings.

Read the Law: Md. Code, State Government, § 20-101, 20-704, 20-705

Local jurisdictions (such as the counties or towns) likewise protect all of the groups covered by federal and state law and frequently consist of additional categories such as age (in Baltimore City, 18 or older), sexual preference, profession and source of earnings. See regional law posts.

The Fair Housing Act makes it unlawful to dedicate any of the following acts against an individual who falls within any of the groups protected by the law.

Sale or Rental of Residential Real Estate - Refuse to sell, rent or otherwise make not available or reject any house; discriminate in the terms or conditions of sale or rental of a home or in the provision of services or facilities. (Single sex housing is permitted, as an exception to this restriction, in situations where sharing of living locations is included.); or suggest that housing is not readily available when, in reality, it is.
Advertising Residential Real Estate - Make, print, release or trigger to be made, printed or released, a notice, declaration or advertisement associating with the sale or leasing of housing that indicates a choice, restriction or discrimination.
Block Busting - Persuade or attempt to convince, for earnings, an individual to offer or rent a home by making representations about today or future entry into the area of one or more individuals in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or purchasing of loans or supplying other monetary help.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of domestic property.
Participation in Real Estate Organizations - Deny access to, or develop various terms for, subscription or participation in any numerous listing service, real estate brokers' organization or other service, company or center associating with the business of offering or leasing of homes.
Intimidation, Coercion and Threats - Intimidate, push, threaten or interfere with a person in one of the protected classes in satisfaction of rights provided by the Fair Housing Act.

Special Provisions for People with Disabilities

Definition of Disability

The Fair Housing Act defines disability (handicap) as a physical or mental problems that considerably restricts several of an individual's "significant life activities", a record of having such a problems, or being related to as having such an impairment. The law protects both the person with an impairment and an individual dealing with or planning to deal with that person. It leaves out individuals who are unlawfully utilizing or addicted to drugs and other illegal drugs.
Special Protections - In addition to offering individuals with specials needs all of the protections against housing discrimination that are supplied to members of the other 6 protected classes, the list below provisions of the Fair Housing Act offer important extra protection.

Read the Law: 42 United States Code § 3602

The restriction versus discriminating in the conditions of sale or rental, restricts a landlord from asking any questions of a person with a special needs than would be asked of any other candidate. A landlord may not, for example, inquire about the nature or seriousness of a person's impairment or ask whether that person is capable of living alone.

Reasonable Accommodations

It is illegal to decline to make such reasonable changes in guidelines, policies, practices and services which may be needed to manage an individual with a special needs a level playing field to enjoy and utilize a home. These "affordable lodgings" include such things as making an exception to a "no family pets" policy for an individual who needs a service animal and providing a scheduled, designated parking place for a person with a mobility problems.
Reasonable Modifications - It is illegal to refuse to permit a person with a disability to make, at his/her own cost, such reasonable modifications in the facilities as might be required to permit use and pleasure of the properties. "Reasonable adjustments" consist of such things as installing grab bars to help with use of restroom centers or the widening of an entrance to accommodate a wheelchair.

Read the Law: 42 United States Code § 3604

Full Accessibility of "New" Multi-Family Housing

Multi-family housing constructed for first occupancy after March 13, 1991 (i.e. buildings including 4 or more units) must be totally available to people with impairments. Itaf a structure has an elevator, all systems must be accessible; if there is no elevator, just "ground flooring" systems should be available. "Accessible" implies:

1. There must be an accessible building entryway on an available path;
2. Public and common usage areas need to be easily available to and usable by people with impairments;
3. All inside doors should be broad sufficient to accommodate a wheelchair;
4. There should be an accessible route into and through the dwelling;
5. Light switches, electric outlets, thermostats and other environmental controls must be available;
6. Bathroom walls must be reinforced to permit later installation of grab bars; and
7. Bathroom and kitchens must have adequate space to permit maneuvering in a wheelchair.

Read the Law: 42 United States Code 3604(F)

Discrimination against Families with Children

Definition of "Familial Status" - As used in the Fair Housing Act, the term "familial status" (often called "families with kids") describes a moms and dad or another individual having legal custody of one or more individuals under the age of 18 years. It refers likewise to a person who is pregnant or in the procedure of getting legal custody of a minor kid.

Families with kids delight in under the law the exact same security against housing discrimination as other groups secured by the law. In just 2 instances, does the law authorization, as exceptions, discrimination versus households with kids. Both exceptions refer to so-called housing for older persons. Housing intended for and inhabited entirely by individuals 62 years of age or older and housing in which 80 percent of the units are meant for and occupied by a minimum of one individual who is 55 years of age or older do not need to comply with the law's familial status provisions.

Discrimination versus families with kids manifests itself in lots of ways, the most common of which are in marketing (e.g. indications that leasings are for "no kids" or "adults just"), limiting occupancy requirements that unreasonably limit the number of children who may inhabit a given space, and steering of households with kids to different buildings or parts of structures.

Exemptions to the Fair Housing Act

The four exemptions to the Fair Housing Act are:

- A single-family home sold or rented by the owner, offered the owner does not own more than 3 such single household houses at one time and offered also that the sale or rental is not advertised in a prejudiced way and is done without the services of a realty agent, broker or sales person. If the seller does not live in your home at the time of the rental or sale, or was not the most recent citizen at the time of the rental or sale, only one sale of such a single-family home within any 24-month period is exempted.
- Dwelling units or rooms in a building of four or fewer units, supplied the owner of the building inhabits among the systems as his house
- A house owned or operated by a religious organization, or by a not-for-profit organization owned or managed by a religious organization which restricts or offers choice in the sale, rental or occupancy to persons of the same religious beliefs, offered subscription in the faith is not limited on the basis of race, color or national origin.
- Lodging owned or operated by a private club as an occurrence to its primary function and not operated for a business purpose. Club members may be given preference, or occupancy might be restricted to members, provided club membership is open to all without regard to race, color, religion, etc.

Read the Law: 42 United States Code § 3603, 3604, 3607

Enforcement Provisions and Penalties for Violations of the Law

State Law

The Maryland Commission on Civil Rights has the obligation of imposing discrimination laws. The Commission will investigate claims of housing discrimination and attempt to resolve the problem. Information on filing a problem and the investigative process are available on the Commission's website.

Victims of housing discrimination may likewise file a lawsuit with the appropriate state court.

Read the Law: Md. Code, State Government, § 20-702

Federal Law

HUD Administrative Complaints

An individual who thinks that s/he has been the victim of housing discrimination may submit a written problem with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the prejudiced act occurred. The Secretary should inform the complainant of the option of forums for fixing the disagreement and if the state or local jurisdiction has a public agency accredited to handle such complaints, the Secretary needs to refer the complaint to that agency.

The Secretary will try to moderate the conflict and reach a conciliation agreement with the parties. If required, the Secretary may ask the Chief law officer to seek temporary relief through court action. Under particular conditions, either the aggrieved celebration or the respondent might choose to have actually the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a participant has devoted a discriminatory housing act might enforce a civil charge of approximately $10,000 for a very first offense, approximately $25,000 for a 2nd offense within a five-year duration, and as much as $50,000 for a 3rd offense within a seven-year period. If the conflict goes to federal court, the Attorney General will keep the action on behalf of the aggrieved person. The aggrieved individual may sign up with the action and might be awarded reasonable attorney costs.

Private Lawsuits

An individual who thinks that s/he has actually been the victim of housing discrimination may submit a civil action in the United States District Court or State Court within 2 years after the inequitable act occurred or ended, or after a conciliation agreement was breached, whichever occurs last, even if a grievance had actually been submitted with HUD, offered that an Administrative Law Judge has actually not yet begun a hearing. A federal judge might grant whatever relief is necessary, including the award of actual and punitive damages, lawyer charges and temporary or irreversible injunctions.

The U.S. Attorney General may intervene in private suits identified to be of public significance.

Lawsuits in "Pattern or Practice" Cases

The U.S. Attorney general of the United States might initiate a civil suit in any federal district court if s/he has sensible cause to believe that a person has taken part in a "pattern or practice" of housing discrimination.

In any fit brought by the Chief law officer, whether on his/her own initiative or by recommendation from the Secretary of HUD, the judge may award whatever relief is appropriate: a short-lived or long-term injunction or other order, sensible lawyer fees and expenses, money damages to any aggrieved person and "to vindicate the public interest", a civil penalty of approximately $50,000 for the first infraction and as much as $100,000 for any subsequent offense.

Read the Law: 42 United States Code § 3613, 3614