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 forbids discrimination in the rental, sale, advertising and funding 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 lot of its local jurisdictions have at least similar laws, as well as extra defenses.

The nationwide policy versus 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 analyzed as prohibiting "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 includes 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 changed in 1974 and again in 1978. The Fair Housing Act prohibits housing discrimination versus an individual who falls in any of the following seven groups. Anyone treated unjustly because of: race, color, religious beliefs, national origin, sex, families with children and people with impairments (handicap). These seven groups are thought about "protected classes" under the Act and its changes. "Protected classes" suggest 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 two essential respects, Maryland provides more security. First, Maryland broadens on the safeguarded classes of the federal law. You can not be victimized since of your marital status, gender recognition, sexual orientation, or income source.

Marital status is defined as "the state of being single, married, separated, divorced or widowed." "Sexual orientation" means the recognition of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to suggest the gender related identity, look, expression, or behavior of an individual, no matter the person's appointed sex at birth. In addition, there is a limitation to the exemption for spaces or units in a dwelling in which the owner inhabits a system as his/her principal house. In Maryland, these owners might reject somebody based upon sex, sexual preference, gender identity or marital status. However, they can not victimize somebody because of his/her race, color, religion, family status, nationwide origin, special needs, 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 safeguard 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 preference, occupation and income. See local law short articles.

The Fair Housing Act makes it illegal to devote any of the following acts versus a person who falls within any of the groups secured by the law.

Sale or Rental of Residential Real Estate - Refuse to sell, rent or otherwise make not available or reject any residence; discriminate in the terms or conditions of sale or rental of a house or in the provision of services or facilities. (Single sex housing is permitted, as an exception to this restriction, in scenarios 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, publish or trigger to be made, printed or released, a notification, statement or ad connecting to the sale or leasing of housing that indicates a preference, limitation or discrimination.
Block Busting - Persuade or attempt to encourage, for revenue, a person to offer or lease a dwelling by making representations about the present or future entry into the community of several persons in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or buying of loans or supplying other monetary support.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of property property.
Participation in Real Estate Organizations - Deny access to, or develop different terms for, membership or involvement in any multiple listing service, genuine estate brokers' organization or other service, organization or facility relating to business of selling or leasing of houses.
Intimidation, Coercion and Threats - Intimidate, coerce, threaten or disrupt a person in one of the safeguarded classes in pleasure of rights given by the Fair Housing Act.

Special Provisions for People with Disabilities

Definition of Disability

The Fair Housing Act defines special needs (handicap) as a physical or psychological disability that considerably limits one or more of a person's "major life activities", a record of having such a problems, or being considered having such an impairment. The law safeguards both the individual with an impairment and a person living with or planning to deal with that individual. It omits people who are illegally utilizing or addicted to drugs and other illegal drugs.
Special Protections - In addition to supplying people with disabilities all of the securities against housing discrimination that are provided to members of the other 6 safeguarded classes, the list below arrangements of the Fair Housing Act supply crucial additional protection.

Read the Law: 42 United States Code § 3602

The prohibition versus discriminating in the terms and conditions of sale or rental, prohibits a property owner from asking any questions of a person with a special needs than would be asked of any other applicant. A landlord might not, for instance, inquire about the nature or intensity of an individual's impairment or ask whether that individual can living alone.

Reasonable Accommodations

It is unlawful to decline to make such sensible changes in rules, policies, practices and services which might be essential to afford an individual with a disability an equal chance to take pleasure in and use a home. These "reasonable lodgings" include such things as making an exception to a "no pets" policy for a person who needs a service animal and supplying a booked, designated parking place for a person with a movement problems.
Reasonable Modifications - It is unlawful to refuse to permit an individual with an impairment 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 modifications" include such things as installing grab bars to help with usage 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 constructed for very first occupancy after March 13, 1991 (i.e. structures including 4 or more systems) should be completely accessible to individuals with disabilities. Itaf a building has an elevator, all systems need to be accessible; if there is no elevator, only "ground floor" systems must be available. "Accessible" implies:

1. There must be an accessible structure entrance on an accessible route;
2. Public and common usage locations must be readily accessible to and functional by people with impairments;
3. All inside doors must be broad 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 should be accessible;
6. Bathroom walls must be reinforced to permit later on setup of grab bars; and
7. Kitchens and bathrooms need to have adequate space to permit maneuvering in a wheelchair.

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

Discrimination versus Families with Children

Definition of "Familial Status" - As utilized in the Fair Housing Act, the term "familial status" (typically called "families with kids") refers to a moms and dad or another individual having legal custody of several individuals under the age of 18 years. It refers likewise to a person who is pregnant or in the process of getting legal custody of a small child.

Families with children take pleasure in under the law the same protection versus housing discrimination as other groups safeguarded by the law. In only 2 circumstances, does the law permit, as exceptions, discrimination versus families with children. Both exceptions relate to so-called housing for older persons. Housing intended for and occupied exclusively by people 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 need to adhere to the law's familial status provisions.

Discrimination versus families with children manifests itself in lots of methods, the most common of which remain in marketing (e.g. signs that leasings are for "no kids" or "grownups just"), restrictive occupancy standards that unreasonably restrict the variety of children who may inhabit an offered area, and steering of households with children 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, supplied the owner does not own more than 3 such single household homes at one time and offered also that the sale or leasing is not promoted in a discriminatory way and is done without the services of a genuine estate agent, broker or sales individual. If the seller does not reside 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 systems, provided the owner of the building inhabits one of the systems as his house
- A house owned or run by a spiritual organization, or by a not-for-profit company owned or controlled by a spiritual organization which restricts or offers choice in the sale, rental or occupancy to persons of the exact same religion, offered membership in the faith is not limited on the basis of race, color or nationwide origin.
- Lodging owned or operated by a personal club as an incident to its primary function and not run for a business function. Club members may be provided preference, or tenancy might be restricted to members, supplied club subscription is open to all without regard to race, color, religion, 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 implementing discrimination laws. The Commission will examine allegations of housing discrimination and attempt to resolve the issue. Information on filing a complaint and the investigative process are available on the Commission's site.

Victims of housing discrimination may likewise file a suit 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 problem with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the inequitable act took place. The Secretary must notify the complainant of the choice of online forums for dealing with the dispute and if the state or local jurisdiction has a public company licensed to deal with such grievances, the Secretary should refer the problem to that firm.

The Secretary will attempt to mediate the dispute and reach a conciliation arrangement with the parties. If necessary, the Secretary may ask the Attorney General to look for short-lived relief through court action. Under particular conditions, either the aggrieved party or the respondent might pick to have the dispute heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a participant has committed a discriminatory housing act might impose a civil charge of approximately $10,000 for a first offense, up to $25,000 for a second offense within a five-year duration, and approximately $50,000 for a 3rd offense within a seven-year duration. If the disagreement goes to federal court, the Attorney general of the United States will preserve the action on behalf of the aggrieved person. The aggrieved person may join the action and may be awarded reasonable attorney fees.

Private Lawsuits

An individual who thinks that s/he has actually been the victim of housing discrimination might file a civil action in the United States District Court or State Court within two years after the discriminatory act occurred or ended, or after a conciliation arrangement was breached, whichever occurs last, even if a complaint had been filed with HUD, supplied that an Administrative Law Judge has actually not yet begun a hearing. A federal judge may give whatever relief is needed, consisting of the award of real and punitive damages, lawyer fees and temporary or permanent injunctions.

The U.S. Chief law officer may intervene in personal lawsuits determined to be of basic public importance.

Lawsuits in "Pattern or Practice" Cases

The U.S. Attorney General might initiate a civil suit in any federal district court if s/he has reasonable cause to think that an individual has actually taken part in a "pattern or practice" of housing discrimination.

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

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