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 restricts discrimination in the rental, sale, advertising and funding of housing on the basis of your race, color, faith, gender, national origin, household status, i.e., pregnancy or having custody of a kid under age 18 or special needs. Maryland and a number of its local jurisdictions have at least comparable laws, in addition to additional securities.

The nationwide 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 actually interpreted as restricting "all racial discrimination, private as well as 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 awarded to a plaintiff.

Who is Protected?

The federal Fair Housing Act is included in Title VIII of the Civil Rights Act of 1968. It was amended in 1974 and once 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, religion, national origin, sex, households with children and people with impairments (handicap). These 7 groups are considered "secured classes" under the Act and its amendments. "Protected classes" mean 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 said that Maryland's law is "considerably comparable" to the federal law. In 2 crucial aspects, Maryland offers more protection. First, Maryland expands on the protected classes of the federal law. You can not be victimized because of your marital status, gender identification, sexual orientation, or income.

Marital status is defined as "the state of being single, married, apart, divorced or widowed." "Sexual orientation" implies the recognition of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to mean the gender associated identity, look, expression, or habits of an individual, despite the individual's assigned sex at birth. In addition, there is a limitation to the exemption for spaces or units in a dwelling in which the owner inhabits an unit as his/her primary home. In Maryland, these owners may deny someone based on sex, sexual preference, gender identity or marital status. However, they can not victimize someone because of his/her race, color, faith, 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) also secure all of the groups covered by federal and state law and frequently include extra categories such as age (in Baltimore City, 18 or older), sexual choice, occupation and income source. See regional law posts.

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

Sale or Rental of Residential Real Estate - Refuse to sell, lease or otherwise make not available or reject any dwelling; discriminate in the terms or conditions of sale or leasing of a dwelling or in the arrangement of services or facilities. (Single sex housing is allowed, as an exception to this restriction, in situations where sharing of living areas is included.); or indicate 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 published, a notice, declaration or advertisement connecting to the sale or leasing of housing that shows a preference, restriction or discrimination.
Block Busting - Persuade or attempt to encourage, for profit, a person to sell or lease a dwelling by making representations about the present or future entry into the community of one or more individuals in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or purchasing of loans or providing other financial help.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of domestic realty.
Participation in Real Estate Organizations - Deny access to, or develop various conditions for, subscription or involvement in any numerous listing service, real estate brokers' organization or other service, organization or facility associating with business of selling or leasing of homes.
Intimidation, Coercion and Threats - Intimidate, persuade, threaten or interfere with a person in among the protected classes in satisfaction of rights given 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 disability that considerably limits one or more of an individual's "significant life activities", a record of having such a disability, or being considered having such an impairment. The law secures both the person with an impairment and an individual dealing with or meaning to live with that individual. It excludes individuals who are illegally utilizing or addicted to drugs and other controlled compounds.
Special Protections - In addition to offering people with specials needs all of the securities versus housing discrimination that are supplied to members of the other six secured classes, the following provisions of the Fair Housing Act offer important additional defense.

Read the Law: 42 United States Code § 3602

The restriction against discriminating in the conditions of sale or leasing, restricts a property owner from asking any questions of a person with a special needs than would be asked of any other applicant. A property owner might not, for example, ask about the nature or severity of an individual's impairment or ask whether that individual can living alone.

Reasonable Accommodations

It is unlawful to refuse to make such reasonable modifications in guidelines, policies, practices and services which might be essential to manage an individual with a disability an equal opportunity to enjoy and use a dwelling. These "sensible accommodations" consist of such things as making an exception to a "no pets" policy for an individual who requires a service animal and offering a scheduled, designated parking place for a person with a mobility problems.
Reasonable Modifications - It is illegal to decline to allow a person with a special needs to make, at his/her own cost, such sensible changes in the facilities as may be essential to allow usage and enjoyment of the facilities. "Reasonable adjustments" include such things as installing grab bars to assist in use of bathroom 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 tenancy after March 13, 1991 (i.e. structures consisting of 4 or more systems) must be completely available to individuals with impairments. Itaf a structure has an elevator, all systems should be accessible; if there is no elevator, just "ground flooring" units need to be available. "Accessible" implies:

1. There must be an accessible building entrance on an accessible route;
2. Public and common use areas must be easily accessible to and usable by people with disabilities;
3. All inside doors should be wide enough to accommodate a wheelchair;
4. There must be an available route into and through the home;
5. Light switches, electrical outlets, thermostats and other environmental protections must be accessible;
6. Bathroom walls should be enhanced to enable later on setup of grab bars; and
7. Kitchens and bathrooms should have sufficient 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 utilized 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 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 small child.

Families with children take pleasure in under the law the exact same security against housing discrimination as other groups secured by the law. In only 2 instances, does the law authorization, as exceptions, discrimination versus households with kids. Both exceptions refer to so-called housing for older individuals. Housing meant for and occupied exclusively by individuals 62 years of age or older and housing in which 80 percent of the units are planned for and inhabited by a minimum of someone who is 55 years of age or older do not require to adhere to the law's familial status arrangements.

Discrimination versus households with children manifests itself in lots of ways, the most common of which remain in advertising (e.g. signs that leasings are for "no kids" or "adults just"), restrictive tenancy standards that unreasonably limit the number of children who might inhabit a given space, and steering of families with kids to separate buildings or parts of buildings.

Exemptions to the Fair Housing Act

The four exemptions to the Fair Housing Act are:

- A single-family house sold or leased by the owner, provided the owner does not own more than 3 such single household homes at one time and offered likewise that the sale or rental is not advertised in an inequitable way and is done without the services of a realty representative, broker or sales person. If the seller does not reside in the home at the time of the rental or sale, or was not the most current homeowner at the time of the rental or sale, just one sale of such a single-family home within any 24-month period is excused.
- Dwelling systems or spaces in a building of four or less units, provided the owner of the structure occupies one of the units as his home
- A home owned or run by a religious organization, or by a not-for-profit organization owned or managed by a spiritual organization which restricts or gives choice in the sale, rental or tenancy to individuals of the same religious beliefs, offered subscription in the faith is not restricted on the basis of race, color or nationwide origin.
- Lodging owned or run by a private club as an event to its primary function and not run for a business purpose. Club members might be offered preference, or occupancy might be restricted to members, offered club membership is open to all without regard to race, color, faith, 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 Liberty has the responsibility of implementing discrimination laws. The Commission will investigate accusations of housing discrimination and attempt to fix the problem. Information on submitting a complaint and the investigative process are readily available on the Commission's website.

Victims of housing discrimination might also submit a lawsuit with the proper 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 may submit a composed grievance 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 plaintiff of the choice of online forums for fixing the conflict and if the state or regional jurisdiction has a public firm certified to deal with such complaints, the Secretary should refer the complaint to that agency.

The Secretary will try to moderate the conflict and reach a conciliation contract with the celebrations. If needed, the Secretary might ask the Attorney General to seek momentary relief through court action. Under certain conditions, either the aggrieved celebration or the participant 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 respondent has actually dedicated an inequitable housing act may enforce a civil charge of approximately $10,000 for a first offense, as much as $25,000 for a second offense within a five-year duration, and approximately $50,000 for a third offense within a seven-year period. If the conflict goes to federal court, the Attorney General will preserve the action on behalf of the aggrieved person. The aggrieved individual may sign up with the action and might be awarded reasonable attorney fees.

Private Lawsuits

A person who thinks that s/he has actually been the victim of housing discrimination may file a civil action in the United States District Court or State Court within two years after the inequitable act happened or ended, or after a conciliation contract was breached, whichever takes place last, even if a grievance had actually been filed with HUD, provided that an Administrative Law Judge has actually not yet begun a hearing. A federal judge may give whatever relief is essential, including the award of actual and compensatory damages, lawyer costs and short-lived or permanent injunctions.

The U.S. Attorney general of the United States may intervene in personal suits figured out to be of public value.

Lawsuits in "Pattern or Practice" Cases

The U.S. Attorney general of the United States might start a civil suit in any federal district court if s/he has reasonable cause to believe that an individual has actually engaged in a "pattern or practice" of housing discrimination.

In any match 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 long-term injunction or other order, sensible attorney fees and costs, money damages to any aggrieved person and "to vindicate the public interest", a civil penalty of approximately $50,000 for the very first violation and approximately $100,000 for any subsequent offense.

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