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, religion, gender, national origin, household status, i.e., pregnancy or having custody of a child under age 18 or impairment. Maryland and many of its regional jurisdictions have at least comparable laws, along with additional defenses.

The nationwide policy against housing discrimination is defined 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 forbiding "all racial discrimination, private in addition to 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 quantity of damages which can be granted to a plaintiff.

Who is Protected?

The federal Fair Housing Act is consisted of in Title VIII of the Civil Rights Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act prohibits housing discrimination versus a person who falls in any of the following 7 groups. Anyone dealt with unfairly since of: race, color, faith, nationwide origin, sex, households with kids and individuals with specials needs (handicap). These 7 groups are thought about "safeguarded classes" under the Act and its modifications. "Protected classes" indicate 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 stated that Maryland's law is "considerably comparable" to the federal law. In 2 essential respects, Maryland gives more defense. First, Maryland expands on the secured classes of the federal law. You can not be victimized because of your marital status, gender identification, sexual orientation, or income source.

Marital status is defined as "the state of being single, married, separated, divorced or widowed." "Sexual preference" suggests the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to mean the gender related identity, appearance, expression, or behavior of an individual, despite the individual's assigned sex at birth. In addition, there is a limit to the exemption for rooms or systems in a residence in which the owner occupies an unit as his/her primary home. In Maryland, these owners might refuse somebody based upon sex, sexual orientation, gender identity or marital status. However, they can not victimize somebody since of his/her race, color, religion, household status, national origin, disability, or income.

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

Local jurisdictions (such as the counties or towns) also safeguard all of the groups covered by federal and state law and typically consist of additional classifications such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See regional law short 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 safeguarded by the law.

Sale or Rental of Residential Real Estate - Refuse to offer, rent or otherwise make not available or reject any home; discriminate in the terms or conditions of sale or leasing of a dwelling or in the provision of services or facilities. (Single sex housing is permitted, as an exception to this restriction, in circumstances where sharing of living locations is included.); or suggest that housing is not available when, in truth, it is.
Advertising Residential Real Estate - Make, print, release or trigger to be made, printed or published, a notice, statement or advertisement connecting to the sale or leasing of housing that shows a preference, constraint or discrimination.
Block Busting - Persuade or attempt to convince, for earnings, a person to offer or lease a residence by making representations about today or future entry into the area of one or more individuals in a safeguarded class.
Loans and Other Financial Assistance - Discriminate in the making or buying of loans or providing other financial assistance.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of property property.
Participation in Real Estate Organizations - Deny access to, or establish various terms for, subscription or involvement in any numerous listing service, real estate brokers' company or other service, organization or center relating to business of offering or leasing of dwellings.
Intimidation, Coercion and Threats - Intimidate, persuade, threaten or disrupt an individual 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 restricts one or more of an individual's "significant life activities", a record of having such a disability, or being considered as having such an impairment. The law secures both the individual with an impairment and an individual dealing with or meaning to live with that individual. It leaves out people who are illegally utilizing or addicted to drugs and other illegal drugs.
Special Protections - In addition to supplying people with specials needs all of the protections versus housing discrimination that are offered to members of the other 6 protected classes, the following provisions of the Fair Housing Act supply crucial extra security.

Read the Law: 42 United States Code § 3602

The restriction versus discriminating in the terms and conditions of sale or rental, forbids a proprietor from asking any concerns of a person with a disability than would be asked of any other candidate. A property owner may not, for instance, inquire about the nature or intensity of a person's special needs or ask whether that individual can living alone.

Reasonable Accommodations

It is illegal to decline to make such sensible changes in rules, policies, practices and services which might be essential to afford an individual with a special needs an equivalent opportunity to take pleasure in and use a house. These "affordable lodgings" consist of such things as making an exception to a "no family pets" policy for an individual who needs a service animal and supplying a booked, designated parking place for a person with a movement problems.
Reasonable Modifications - It is illegal to decline to allow an individual with a special needs to make, at his/her own expenditure, such sensible changes in the properties as might be essential to permit usage and enjoyment of the properties. "Reasonable adjustments" consist of such things as setting up grab bars to assist in use of bathroom facilities 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 first occupancy after March 13, 1991 (i.e. structures consisting of 4 or more systems) need to be completely available to people with specials needs. Itaf a building has an elevator, all systems should be available; if there is no elevator, just "ground floor" systems need to be available. "Accessible" means:

1. There must be an available structure entryway on an available path;
2. Public and common use locations must be easily available to and functional by individuals with specials needs;
3. All inside doors need to be broad sufficient to accommodate a wheelchair;
4. There need to be an available route into and through the dwelling;
5. Light switches, electrical outlets, thermostats and other ecological controls should be accessible;
6. Bathroom walls must be reinforced to allow later installation of grab bars; and
7. Bathroom and kitchens need to 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" (often called "households with children") describes a parent or another individual having legal custody of several people under the age of 18 years. It refers likewise to an individual who is pregnant or in the procedure of getting legal custody of a minor child.

Families with kids take pleasure in under the law the very same security against housing discrimination as other groups protected by the law. In only two circumstances, does the law permit, as exceptions, discrimination versus families with children. Both exceptions refer to so-called housing for older individuals. Housing meant for and inhabited entirely by people 62 years of age or older and housing in which 80 percent of the systems are intended for and occupied by a minimum of a single person who is 55 years of age or older do not need to comply with the law's familial status provisions.

Discrimination versus households with children manifests itself in many ways, the most typical of which remain in marketing (e.g. signs that rentals are for "no children" or "adults only"), restrictive tenancy standards that unreasonably restrict the number of children who might inhabit a given space, and steering of households with children to separate buildings or parts of structures.

Exemptions to the Fair Housing Act

The four exemptions to the Fair Housing Act are:

- A single-family home offered or leased by the owner, supplied the owner does not own more than three such single household homes at one time and supplied likewise that the sale or rental is not advertised in an inequitable way and is done without the services of a property representative, 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 excused.
- Dwelling units or spaces in a building of 4 or fewer systems, offered the owner of the building occupies among the units as his home
- A dwelling owned or operated by a spiritual company, or by a nonprofit company owned or controlled by a religious organization which limits or gives choice in the sale, rental or occupancy to individuals of the exact same religious beliefs, provided subscription in the faith is not limited on the basis of race, color or national origin.
- Lodging owned or run by a private club as an occurrence to its primary function and not run for an industrial purpose. Club members might be provided preference, or tenancy might be limited to members, supplied club membership is open to all without regard to race, color, religious beliefs, 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 fix the problem. Information on submitting a complaint and the investigative process are offered on the Commission's site.

Victims of housing discrimination may also submit a suit with the appropriate state court.

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

Federal Law

HUD Administrative Complaints

A person 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 inequitable act took place. The Secretary should notify the complainant of the option of forums for resolving the conflict and if the state or regional jurisdiction has a public agency certified to manage such complaints, the Secretary must refer the complaint to that firm.

The Secretary will attempt to mediate the dispute and reach a conciliation arrangement with the parties. If needed, the Secretary may ask the Attorney general of the United States to look for short-term relief through court action. Under specific conditions, either the aggrieved celebration or the participant may pick to have actually the conflict heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a respondent has actually committed a discriminatory housing act might impose a civil charge of approximately $10,000 for a very first offense, up to $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 duration. If the conflict goes to federal court, the Chief law officer will keep the action on behalf of the aggrieved individual. The aggrieved individual may join the action and may be awarded reasonable attorney fees.

Private Lawsuits

An individual who believes 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 discriminatory act happened or ended, or after a conciliation agreement was breached, whichever happens last, even if a complaint had actually been filed with HUD, provided that an Administrative Law Judge has actually not yet started a hearing. A federal judge might give whatever relief is essential, consisting of the award of real and punitive damages, lawyer charges and temporary or long-term injunctions.

The U.S. Attorney General might intervene in personal suits identified to be of general public significance.

Lawsuits in "Pattern or Practice" Cases

The U.S. Chief law officer may initiate a civil suit in any federal district court if s/he has affordable cause to think 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 effort or by referral from the Secretary of HUD, the judge might award whatever relief is appropriate: a momentary or irreversible injunction or other order, reasonable lawyer fees and expenses, money damages to any aggrieved person and "to vindicate the public interest", a civil charge of approximately $50,000 for the very first violation and as much as $100,000 for any subsequent infraction.

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