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, advertising and financing of housing on the basis of your race, color, religious beliefs, gender, national origin, family status, i.e., pregnancy or having custody of a kid under age 18 or special needs. Maryland and numerous of its local jurisdictions have at least comparable laws, in addition to additional protections.
The nationwide policy against housing discrimination is specified in the federal Fair Housing Act of 1968. In addition, there are provisions in the Civil Rights Act of 1866 which the Supreme Court of the United States has actually interpreted as forbiding "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 complainant.
Who is Protected?
The federal Fair Housing Act is contained in Title VIII of the Civil Rights Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act restricts housing discrimination against a person who falls in any of the following 7 groups. Anyone treated unjustly due to the fact that of: race, color, religious beliefs, nationwide origin, sex, households with kids and individuals with specials needs (handicap). These seven groups are considered "safeguarded 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 "significantly comparable" to the federal law. In 2 important aspects, Maryland provides more defense. First, Maryland broadens on the secured 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 specified as "the state of being single, married, separated, divorced or widowed." "Sexual preference" suggests the recognition of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to imply the gender associated identity, look, expression, or behavior of a person, regardless of the person's assigned sex at birth. In addition, there is a limitation to the exemption for spaces or units in a residence in which the owner occupies an unit as his/her principal residence. In Maryland, these owners might decline someone based on sex, sexual orientation, gender identity or marital status. However, they can not discriminate versus 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) likewise safeguard all of the groups covered by federal and state law and often 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 dedicate any of the following acts against an individual who falls within any of the groups secured by the law.
Sale or Rental of Residential Real Estate - Refuse to sell, lease or otherwise make unavailable or reject any home; discriminate in the terms or conditions of sale or rental of a residence or in the arrangement of services or facilities. (Single sex housing is allowed, as an exception to this prohibition, in scenarios where sharing of living locations is included.); or indicate 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 ad relating to the sale or leasing of housing that indicates a choice, constraint or discrimination.
Block Busting - Persuade or try to encourage, for earnings, an individual to offer or lease a home by making representations about the present or future entry into the area of several individuals in a safeguarded class.
Loans and Other Financial Assistance - Discriminate in the making or acquiring of loans or providing other monetary help.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of domestic property.
Participation in Real Estate Organizations - Deny access to, or establish different terms and conditions for, membership or participation in any several listing service, realty brokers' company or other service, organization or center relating to business of selling or leasing of houses.
Intimidation, Coercion and Threats - Intimidate, coerce, threaten or disrupt an individual in one of the safeguarded classes in pleasure of rights provided by the Fair Housing Act.
Special Provisions for People with Disabilities
Definition of Disability
The Fair Housing Act specifies special needs (handicap) as a physical or mental impairment that substantially restricts several of an individual's "major life activities", a record of having such an impairment, or being considered having such a disability. The law secures both the individual with a special needs and a person dealing with or planning to deal with that person. It leaves out individuals who are illegally using or addicted to drugs and other regulated substances.
Special Protections - In addition to providing individuals with specials needs all of the defenses versus housing discrimination that are offered to members of the other 6 safeguarded classes, the list below arrangements of the Fair Housing Act supply crucial extra defense.
Read the Law: 42 United States Code § 3602
The restriction against discriminating in the terms and conditions of sale or leasing, prohibits a landlord from asking any questions of an individual with a special needs than would be asked of any other candidate. A property manager may not, for example, inquire about the nature or seriousness of an individual's impairment or ask whether that individual can living alone.
Reasonable Accommodations
It is unlawful to refuse to make such sensible changes in guidelines, policies, practices and services which might be essential to manage an individual with a special needs an equal opportunity to enjoy and use a home. These "reasonable lodgings" consist of such things as making an exception to a "no family pets" policy for an individual who requires a service animal and offering a reserved, designated parking place for an individual with a movement problems.
Reasonable Modifications - It is unlawful to decline to permit a person with a disability to make, at his/her own cost, such sensible changes in the facilities as may be needed to permit use and pleasure of the properties. "Reasonable adjustments" include such things as installing 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 constructed for very first tenancy after March 13, 1991 (i.e. buildings including 4 or more systems) need to be totally accessible to people with disabilities. Itaf a building has an elevator, all units must be accessible; if there is no elevator, only "ground floor" units must be accessible. "Accessible" indicates:
1. There must be an accessible building entrance on an accessible route;
2. Public and typical use locations should be easily available to and usable by people with disabilities;
3. All inside doors need to be wide enough to accommodate a wheelchair;
4. There must be an accessible route into and through the residence;
5. Light switches, electric outlets, thermostats and other environmental protections need to be accessible;
6. Bathroom walls must be enhanced to permit later on installation of grab bars; and
7. Bathroom and kitchens should have sufficient area to allow 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" (frequently called "households with children") describes a moms and dad or another individual having legal custody of one or more individuals under the age of 18 years. It refers also to an individual who is pregnant or in the process of getting legal custody of a small kid.
Families with kids delight in under the law the exact same defense versus housing discrimination as other groups secured by the law. In just two instances, does the law authorization, as exceptions, discrimination versus families with children. Both exceptions pertain to so-called housing for older individuals. Housing intended for and occupied entirely by individuals 62 years of age or older and housing in which 80 percent of the systems 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 provisions.
Discrimination against families with children manifests itself in many ways, the most common of which remain in marketing (e.g. indications that rentals are for "no children" or "adults only"), restrictive tenancy requirements that unreasonably limit the number of kids who may occupy a provided space, and steering of families with children to different buildings or parts of buildings.
Exemptions to the Fair Housing Act
The four exemptions to the Fair Housing Act are:
- A single-family house offered or leased by the owner, supplied the owner does not own more than three such single family houses at one time and offered likewise that the sale or rental is not promoted in a discriminatory manner and is done without the services of a property representative, broker or sales individual. If the seller does not reside in your 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 house within any 24-month duration is excused.
- Dwelling systems or rooms in a building of four or fewer systems, supplied the owner of the building inhabits one of the systems as his residence
- A dwelling owned or operated by a spiritual organization, or by a nonprofit organization owned or managed by a religious company which limits or offers choice in the sale, rental or occupancy to individuals of the very same religion, offered subscription in the religious beliefs is not limited on the basis of race, color or nationwide origin.
- Lodging owned or run by a personal club as an event to its main function and not operated for a commercial function. Club members might be offered preference, or tenancy may be limited to members, offered club subscription 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 Rights has the obligation of imposing discrimination laws. The Commission will examine claims of housing discrimination and attempt to deal with the problem. Information on filing a grievance and the investigative process are readily available on the Commission's website.
Victims of housing discrimination might also file a claim with the suitable 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 complaint with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the inequitable act occurred. The Secretary needs to inform the complainant of the choice of online forums for dealing with the conflict and if the state or regional jurisdiction has a public agency licensed to manage such complaints, the Secretary should refer the complaint to that company.
The Secretary will attempt to moderate the conflict and reach a conciliation agreement with the celebrations. If required, the Secretary may ask the Chief law officer to look for short-term relief through court action. Under certain conditions, either the aggrieved party or the respondent may select to have the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who discovers that a respondent has actually dedicated an inequitable housing act might enforce a civil penalty of as much as $10,000 for a first offense, as much as $25,000 for a 2nd offense within a five-year duration, and approximately $50,000 for a 3rd offense within a seven-year duration. If the conflict goes to federal court, the Attorney General will keep the action on behalf of the aggrieved person. The aggrieved individual may sign up with the action and might be granted reasonable lawyer costs.
Private Lawsuits
A person 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 two years after the discriminatory act occurred or ended, or after a conciliation arrangement was breached, whichever takes place 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 might approve whatever relief is required, including the award of real and punitive damages, lawyer fees and short-term or permanent injunctions.
The U.S. Attorney general of the United States might intervene in personal claims identified to be of public significance.
Lawsuits in "Pattern or Practice" Cases
The U.S. Attorney General may initiate a civil match in any federal district court if s/he has sensible cause to think that a person has actually participated in a "pattern or practice" of housing discrimination.
In any suit 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 proper: a temporary or irreversible injunction or other order, sensible attorney costs and expenses, money damages to any aggrieved individual and "to vindicate the public interest", a civil charge of approximately $50,000 for the first violation and up to $100,000 for any subsequent violation.
Read the Law: 42 United States Code § 3613, 3614
