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 rental, sale, marketing and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide origin, household status, i.e., pregnancy or having custody of a child under age 18 or impairment. Maryland and numerous of its local jurisdictions have at least similar laws, in addition to additional defenses.

The national policy against housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are arrangements in the Civil Rights Act of 1866 which the Supreme Court of the United States has translated as prohibiting "all racial discrimination, private along with public, in the sale or leasing of residential or commercial property." Unlike the 1968 law, the 1866 law contains no exceptions and no limit on the quantity of damages which can be awarded to a complainant.

Who is Protected?

The federal Fair Housing Act is contained in Title VIII of the Civil Liberty Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act forbids housing discrimination versus an individual who falls in any of the following seven groups. Anyone treated unjustly since of: race, color, religion, nationwide origin, sex, families with kids and people with specials needs (handicap). These seven groups are thought about "safeguarded classes" under the Act and its modifications. "Protected classes" imply 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 equivalent" to the federal law. In two essential respects, Maryland provides more security. First, Maryland broadens on the safeguarded classes of the federal law. You can not be discriminated versus since of your marital status, gender identification, sexual orientation, or income.

Marital status is defined as "the state of being single, married, apart, separated or widowed." "Sexual orientation" indicates the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to indicate the gender related identity, look, expression, or habits of an individual, no matter the person's assigned sex at birth. In addition, there is a limit to the exemption for rooms or systems in a house in which the owner occupies a system as his/her principal residence. In Maryland, these owners may turn down somebody based upon sex, sexual preference, gender identity or marital status. However, they can not victimize somebody because of his/her race, color, religion, household status, national origin, special needs, or income source.

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 often consist of additional categories such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See regional law articles.

The Fair Housing Act makes it unlawful to commit 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 offer, rent or otherwise make unavailable or reject any residence; discriminate in the terms or conditions of sale or rental of a dwelling or in the provision of services or centers. (Single sex housing is permitted, as an exception to this prohibition, in circumstances where sharing of living locations is included.); or show that housing is not available when, in truth, it is.
Advertising Residential Real Estate - Make, print, publish or trigger to be made, printed or published, a notice, declaration or advertisement associating with the sale or leasing of housing that shows a choice, restriction or discrimination.
Block Busting - Persuade or try to persuade, for earnings, an individual to offer or lease a home by making representations about today or future entry into the area of several persons in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or acquiring of loans or supplying other financial assistance.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of domestic property.
Participation in Real Estate Organizations - Deny access to, or develop various conditions for, subscription or involvement in any several listing service, property brokers' organization or other service, organization or facility relating to the organization of offering or renting of homes.
Intimidation, Coercion and Threats - Intimidate, push, threaten or disrupt a person in among the secured classes in pleasure of rights conferred by the Fair Housing Act.

Special Provisions for People with Disabilities

Definition of Disability

The Fair Housing Act specifies disability (handicap) as a physical or psychological disability that considerably limits several of an individual's "major life activities", a record of having such a disability, or being regarded as having such a disability. The law secures both the individual with an impairment and a person coping with or intending to cope with that individual. It omits people who are illegally utilizing or addicted to drugs and other controlled compounds.
Special Protections - In addition to offering individuals with specials needs all of the protections versus housing discrimination that are offered to members of the other six safeguarded classes, the list below provisions of the Fair Housing Act offer essential additional defense.

Read the Law: 42 United States Code § 3602

The prohibition versus discriminating in the conditions of sale or rental, forbids 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 instance, ask about the nature or severity of a person's disability or ask whether that individual is capable of living alone.

Reasonable Accommodations

It is unlawful to refuse to make such affordable modifications in rules, policies, practices and services which might be needed to afford a person with an impairment an equivalent opportunity to enjoy and utilize a dwelling. These "reasonable accommodations" include such things as making an exception to a "no pets" policy for a person who requires a service animal and supplying a scheduled, designated parking location for an individual with a movement impairment.
Reasonable Modifications - It is illegal to decline to allow a person with a special needs to make, at his/her own cost, such affordable changes in the premises as may be needed to allow use and enjoyment of the properties. "Reasonable adjustments" include such things as setting up grab bars to facilitate use of bathroom 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 built for very first occupancy after March 13, 1991 (i.e. buildings consisting of 4 or more units) should be fully accessible to individuals with disabilities. Itaf a structure has an elevator, all units should be accessible; if there is no elevator, just "ground flooring" systems need to be available. "Accessible" means:

1. There need to be an available structure entryway on an accessible path;
2. Public and typical usage locations must be readily accessible to and functional by people with specials needs;
3. All inside doors must be large adequate to accommodate a wheelchair;
4. There should be an accessible path into and through the house;
5. Light switches, electric outlets, thermostats and other ecological controls must be accessible;
6. Bathroom walls must be reinforced to allow later installation of grab bars; and
7. Kitchens and restrooms should have adequate area 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" (typically called "families with children") refers to a moms and dad or another person having legal custody of several individuals under the age of 18 years. It refers also to a person who is pregnant or in the process of getting legal custody of a minor kid.

Families with children enjoy under the law the very same defense against housing discrimination as other groups secured by the law. In just 2 circumstances, does the law permit, as exceptions, discrimination against households with children. Both exceptions relate to so-called housing for older persons. Housing meant for and occupied entirely by individuals 62 years of age or older and housing in which 80 percent of the units are intended for and occupied by at least a single person who is 55 years of age or older do not require to comply with the law's familial status arrangements.

Discrimination versus families with kids manifests itself in numerous ways, the most common of which remain in marketing (e.g. indications that leasings are for "no children" or "adults just"), restrictive occupancy standards that unreasonably restrict the number of children who might occupy an offered space, and steering of families with children to separate buildings or parts of buildings.

Exemptions to the Fair Housing Act

The 4 exemptions to the Fair Housing Act are:

- A single-family home sold or leased by the owner, supplied the owner does not own more than three such single family homes at one time and provided also that the sale or leasing is not marketed in a discriminatory manner and is done without the services of a realty representative, broker or sales individual. If the seller does not reside in the house at the time of the rental or sale, or was not the most recent homeowner 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 structure of four or fewer units, provided the owner of the structure occupies one of the systems as his residence
- A home owned or run by a spiritual organization, or by a not-for-profit company owned or managed by a spiritual organization which limits or provides preference in the sale, rental or occupancy to individuals of the exact same faith, offered subscription in the religion is not limited on the basis of race, color or national origin.
- Lodging owned or operated by a private club as an event to its primary function and not operated for a commercial function. Club members may be provided choice, or tenancy might 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 duty of implementing discrimination laws. The Commission will investigate allegations of housing discrimination and attempt to fix the issue. Information on submitting a problem and the investigative process are offered on the Commission's website.

Victims of housing discrimination might also file a claim with the appropriate state court.

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

Federal Law

HUD Administrative Complaints

A person who believes that s/he has been the victim of housing discrimination might submit a composed problem with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the discriminatory act occurred. The Secretary needs to inform the complainant of the choice of forums for solving the conflict and if the state or local jurisdiction has a public agency certified to handle such complaints, the Secretary needs to refer the complaint to that agency.

The Secretary will try to mediate the disagreement and reach a conciliation contract with the parties. If necessary, the Secretary may ask the Chief law officer to look for short-lived relief through court action. Under particular conditions, either the aggrieved celebration or the participant may pick to have the dispute heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who discovers that a participant has actually dedicated an inequitable housing act may enforce a civil penalty of approximately $10,000 for a first offense, up to $25,000 for a second offense within a five-year duration, and up to $50,000 for a third offense within a seven-year duration. If the conflict goes to federal court, the Chief law officer will keep the action on behalf of the aggrieved person. The aggrieved individual may sign up with the action and may be granted affordable lawyer costs.

Private Lawsuits

An individual who thinks that s/he has 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 discriminatory act took place or ended, or after a conciliation contract was breached, whichever takes place last, even if a complaint had actually been submitted with HUD, provided that an Administrative Law Judge has not yet started a hearing. A federal judge may give whatever relief is essential, consisting of the award of real and compensatory damages, lawyer charges and temporary or irreversible injunctions.

The U.S. Attorney general of the United States may intervene in personal lawsuits determined to be of public importance.

Lawsuits in "Pattern or Practice" Cases

The U.S. Chief law officer may start a civil match in any federal district court if s/he has reasonable cause to believe that an individual has participated in a "pattern or practice" of housing discrimination.

In any match brought by the Attorney General, whether on his/her own initiative or by recommendation from the Secretary of HUD, the judge might award whatever relief is proper: a temporary or long-term injunction or other order, affordable lawyer fees and costs, cash damages to any aggrieved person and "to vindicate the public interest", a civil charge of up to $50,000 for the first infraction and up to $100,000 for any subsequent violation.

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