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 versus Families with Children
Exemptions to the Fair Housing Act
Enforcement Provisions and Penalties for Violations of the Law

Federal law prohibits discrimination in the leasing, sale, marketing and financing of housing on the basis of your race, color, faith, gender, national origin, family status, i.e., pregnancy or having custody of a child under age 18 or disability. Maryland and a lot of its local jurisdictions have at least similar laws, in addition to additional defenses.

The nationwide policy versus housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are provisions in the Civil liberty Act of 1866 which the Supreme Court of the United States has translated as forbiding "all racial discrimination, private along with public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law consists of 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 consisted of in Title VIII of the Civil Rights Act of 1968. It was modified in 1974 and once again in 1978. The Fair Housing Act prohibits housing discrimination against a person who falls in any of the following 7 groups. Anyone treated unfairly since of: race, color, faith, nationwide origin, sex, households with kids and individuals with disabilities (handicap). These seven groups are considered "protected classes" under the Act and its changes. "Protected classes" indicate the categories 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 stated that Maryland's law is "considerably equivalent" to the federal law. In 2 crucial respects, Maryland provides more defense. First, Maryland broadens on the secured classes of the federal law. You can not be discriminated versus because of your marital status, gender recognition, sexual preference, or source of earnings.

Marital status is specified as "the state of being single, married, apart, divorced or widowed." "Sexual preference" means the identification of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to indicate the gender related identity, look, expression, or habits of an individual, regardless of the individual's designated sex at birth. In addition, there is a limit to the exemption for spaces or systems in a house in which the owner inhabits an unit as his/her primary home. In Maryland, these owners might refuse somebody based on sex, sexual preference, gender identity or marital status. However, they can not victimize someone because of his/her race, color, religious beliefs, family status, national origin, special needs, or income.

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

Local jurisdictions (such as the counties or towns) likewise secure all of the groups covered by federal and state law and frequently include additional categories such as age (in Baltimore City, 18 or older), sexual choice, occupation and source of income. See regional law posts.

The Fair Housing Act makes it illegal to dedicate any of the following acts against a person who falls within any of the groups protected by the law.

Sale or Rental of Residential Real Estate - Refuse to offer, lease or otherwise make not available or deny any home; discriminate in the terms or conditions of sale or leasing of a home or in the provision of services or facilities. (Single sex housing is permitted, as an exception to this prohibition, in circumstances where sharing of living locations is included.); or suggest that housing is not readily available when, in truth, it is.
Advertising Residential Real Estate - Make, print, publish or cause to be made, printed or released, a notice, declaration or advertisement relating to the sale or rental of housing that suggests a choice, restriction or discrimination.
Block Busting - Persuade or attempt to persuade, for profit, an individual to sell or lease a house by making representations about today or future entry into the community of one or more persons in a safeguarded class.
Loans and Other Financial Assistance - Discriminate in the making or buying of loans or providing other monetary assistance.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of residential property.
Participation in Real Estate Organizations - Deny access to, or develop various terms and conditions for, subscription or involvement in any multiple listing service, genuine estate brokers' organization or other service, company or facility associating with business of selling or renting of houses.
Intimidation, Coercion and Threats - Intimidate, push, threaten or interfere with an individual in among the safeguarded classes in satisfaction of rights conferred by the Fair Housing Act.

Special Provisions for People with Disabilities

Definition of Disability

The Fair Housing Act specifies impairment (handicap) as a physical or psychological problems that substantially limits one or more of an individual's "major life activities", a record of having such a disability, or being considered as having such a disability. The law secures both the individual with an impairment and an individual living with or meaning to deal with that person. It leaves out individuals who are illegally utilizing or addicted to drugs and other illegal drugs.
Special Protections - In addition to offering people with specials needs all of the defenses versus housing discrimination that are provided to members of the other six secured classes, the list below arrangements of the Fair Housing Act provide essential extra defense.

Read the Law: 42 United States Code § 3602

The prohibition versus discriminating in the terms of sale or leasing, prohibits a property owner from asking any concerns of an individual with a special needs than would be asked of any other candidate. A proprietor may not, for instance, ask about the nature or severity of a person's special needs or ask whether that person is capable of living alone.

Reasonable Accommodations

It is illegal to decline to make such affordable changes in rules, policies, practices and services which might be necessary to afford an individual with an impairment an equivalent opportunity to enjoy and use a residence. These "affordable accommodations" consist of such things as making an exception to a "no animals" policy for a person who needs a service animal and supplying a reserved, designated parking location for a person with a mobility problems.
Reasonable Modifications - It is illegal to refuse to permit a person with an impairment to make, at his/her own expenditure, such sensible modifications in the facilities as might be essential to permit use and pleasure of the properties. "Reasonable adjustments" consist of such things as installing grab bars to facilitate use of restroom facilities or the widening of a doorway to accommodate a wheelchair.

Read the Law: 42 United States Code § 3604

Full Accessibility of "New" Multi-Family Housing

Multi-family housing built for first occupancy after March 13, 1991 (i.e. buildings including 4 or more systems) need to be totally available to individuals with disabilities. Itaf a structure has an elevator, all systems should be accessible; if there is no elevator, only "ground floor" systems need to be available. "Accessible" means:

1. There should be an accessible structure entryway on an accessible path;
2. Public and common use areas should be easily accessible to and functional by individuals with specials needs;
3. All inside doors should be wide adequate to accommodate a wheelchair;
4. There must be an accessible route into and through the house;
5. Light switches, electric outlets, thermostats and other environmental controls must be available;
6. Bathroom walls must be enhanced to enable later on installation of grab bars; and
7. Bathroom and kitchens need to have adequate area to allow 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" (typically called "households with kids") describes a moms and dad or another person having legal custody of several people under the age of 18 years. It refers likewise to an individual who is pregnant or in the process of getting legal custody of a minor kid.

Families with children enjoy under the law the exact same security against housing discrimination as other groups safeguarded by the law. In only 2 instances, does the law permit, as exceptions, discrimination against households with kids. Both exceptions refer to so-called housing for older persons. Housing meant for and inhabited solely by people 62 years of age or older and housing in which 80 percent of the systems are planned for and occupied by at least a single person who is 55 years of age or older do not require to abide by the law's familial status arrangements.

Discrimination versus households with children manifests itself in many methods, the most typical of which remain in marketing (e.g. indications that leasings are for "no children" or "grownups just"), restrictive tenancy standards that unreasonably limit the variety of children who might inhabit a given area, and steering of households with children to different structures or parts of structures.

Exemptions to the Fair Housing Act

The 4 exemptions to the Fair Housing Act are:

- A single-family home offered or rented by the owner, offered the owner does not own more than 3 such single household houses at one time and provided also that the sale or leasing is not promoted in a discriminatory manner and is done without the services of a real estate representative, broker or sales person. If the seller does not reside in your home at the time of the rental or sale, or was not the most current resident at the time of the rental or sale, only one sale of such a single-family home within any 24-month duration is exempted.
- Dwelling systems or spaces in a building of four or less units, provided the owner of the structure inhabits among the systems as his home
- A dwelling owned or run by a religious company, or by a nonprofit company owned or controlled by a spiritual company which restricts or gives choice in the sale, rental or occupancy to persons of the very same religious beliefs, offered subscription in the religious beliefs is not limited on the basis of race, color or nationwide origin.
- Lodging owned or operated by a personal club as an event to its main purpose and not run for a commercial function. Club members may be offered preference, or occupancy may be limited to members, provided club subscription is open to all without regard to race, color, religious beliefs, and so on.

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 Liberty has the responsibility of imposing discrimination laws. The Commission will examine accusations of housing discrimination and try to fix the problem. Information on filing a complaint and the investigative process are readily available on the Commission's website.

Victims of housing discrimination might likewise submit a lawsuit with the suitable state court.

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

Federal Law

HUD Administrative Complaints

An individual who thinks that s/he has actually been the victim of housing discrimination might file a composed grievance with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the inequitable act took place. The Secretary needs to notify the plaintiff of the choice of forums for dealing with the conflict and if the state or regional jurisdiction has a public company licensed to manage such grievances, the Secretary needs to refer the complaint to that firm.

The Secretary will try to mediate the conflict and reach a conciliation contract with the celebrations. If necessary, the Secretary may ask the Attorney General to seek short-lived relief through court action. Under particular conditions, either the aggrieved celebration or the participant may select to have the dispute heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a respondent has actually dedicated a prejudiced housing act might impose a civil charge of as much as $10,000 for a first offense, approximately $25,000 for a 2nd offense within a five-year duration, and approximately $50,000 for a third offense within a seven-year duration. If the dispute goes to federal court, the Attorney General will keep the action on behalf of the aggrieved person. The aggrieved person might join the action and might be granted sensible attorney costs.

Private Lawsuits

A person who thinks that s/he has been the victim of housing discrimination may file a civil action in the United States District Court or State Court within 2 years after the inequitable act happened or ended, or after a conciliation agreement was breached, whichever happens last, even if a problem had actually been filed with HUD, supplied that an Administrative Law Judge has actually not yet begun a hearing. A federal judge might give whatever relief is required, consisting of the award of real and punitive damages, attorney costs and short-term or permanent injunctions.

The U.S. Attorney general of the United States may intervene in personal suits identified to be of basic public significance.

Lawsuits in "Pattern or Practice" Cases

The U.S. Attorney general of the United States may start a civil suit in any federal district court if s/he has affordable cause to think that a person has actually engaged in a "pattern or practice" of housing discrimination.

In any suit brought by the Attorney General, whether on his/her own initiative or by referral from the Secretary of HUD, the judge might award whatever relief is proper: a short-term or permanent injunction or other order, affordable attorney charges and expenses, money damages to any aggrieved individual and "to vindicate the general public interest", a civil charge of approximately $50,000 for the very first infraction and as much as $100,000 for any subsequent offense.

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