Laws Against Housing Discrimination

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 forbids discrimination in the leasing, sale, advertising and funding of housing on the basis of your race, color, religion, gender, nationwide origin, family status, i.e., pregnancy or having custody of a child under age 18 or special needs. Maryland and much of its regional jurisdictions have at least comparable laws, in addition to additional securities.


The national policy versus housing discrimination is specified 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, personal along with public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law includes no exceptions and no limit on the quantity of damages which can be awarded to a plaintiff.


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 once again in 1978. The Fair Housing Act forbids housing discrimination against a person who falls in any of the following 7 groups. Anyone treated unfairly because of: race, color, faith, national origin, sex, households with children and individuals with impairments (handicap). These 7 groups are thought about "secured classes" under the Act and its amendments. "Protected classes" mean 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 said that Maryland's law is "considerably equivalent" to the federal law. In 2 essential aspects, Maryland gives 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 preference, or source of income.


Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual preference" indicates the identification of an individual regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to indicate the gender related identity, appearance, expression, or habits of a person, no matter the person's designated sex at birth. In addition, there is a limitation to the exemption for spaces or systems in a home in which the owner inhabits an unit as his/her primary home. In Maryland, these owners might deny someone based upon sex, sexual orientation, gender identity or marital status. However, they can not victimize somebody because of his/her race, color, faith, household status, nationwide 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 secure all of the groups covered by federal and state law and typically consist of additional categories such as age (in Baltimore City, 18 or older), sexual choice, profession and income. See regional law short articles.


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


Sale or Rental of Residential Real Estate - Refuse to offer, rent or otherwise make unavailable or deny any house; 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 restriction, in situations where sharing of living areas is involved.); or show that housing is not offered when, in fact, 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, or discrimination.
Block Busting - Persuade or attempt to convince, for profit, an individual to sell or rent a dwelling by making representations about the present or future entry into the area of one or more individuals in a protected class.
Loans and Other Financial Assistance - Discriminate in the making or buying of loans or offering other monetary assistance.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of residential realty.
Participation in Real Estate Organizations - Deny access to, or establish various terms and conditions for, membership or involvement in any numerous listing service, genuine estate brokers' company or other service, company or facility associating with the business of selling or leasing of residences.
Intimidation, Coercion and Threats - Intimidate, push, threaten or hinder a person in one of the secured classes in pleasure of rights provided 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 mental disability that significantly limits several of an individual's "significant life activities", a record of having such a problems, or being considered as having such a problems. The law safeguards both the person with an impairment and a person living with or intending to cope with that individual. It leaves out individuals who are unlawfully using or addicted to drugs and other controlled compounds.
Special Protections - In addition to offering individuals with impairments all of the defenses versus housing discrimination that are supplied to members of the other six safeguarded classes, the list below arrangements of the Fair Housing Act supply essential additional defense.


Read the Law: 42 United States Code § 3602


The restriction against discriminating in the terms of sale or rental, forbids a landlord from asking any questions of a person with a disability than would be asked of any other applicant. A property owner might not, for instance, ask about the nature or intensity of a person's impairment or ask whether that individual is capable of living alone.


Reasonable Accommodations


It is unlawful to decline to make such affordable changes in rules, policies, practices and services which might be essential to afford a person with an impairment an equivalent opportunity to enjoy and utilize a dwelling. These "sensible accommodations" include such things as making an exception to a "no animals" policy for an individual who needs a service animal and offering a reserved, designated parking place for an individual with a mobility impairment.
Reasonable Modifications - It is unlawful to refuse to permit a person with a disability to make, at his/her own expenditure, such sensible changes in the properties as may be required to allow usage and enjoyment of the facilities. "Reasonable modifications" consist of such things as setting up grab bars to assist in usage 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 constructed for first tenancy after March 13, 1991 (i.e. structures including 4 or more units) need to be fully accessible to individuals with impairments. Itaf a building has an elevator, all systems need to be accessible; if there is no elevator, only "ground flooring" systems must be available. "Accessible" means:


1. There need to be an accessible structure entryway on an accessible path;
2. Public and common use locations must be readily accessible to and functional by people with specials needs;
3. All inside doors need to be wide adequate to accommodate a wheelchair;
4. There must be an available path into and through the dwelling;
5. Light switches, electrical outlets, thermostats and other environmental protections need to be accessible;
6. Bathroom walls must be enhanced to permit later on setup of grab bars; and
7. Kitchens and restrooms need to have adequate 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 used in the Fair Housing Act, the term "familial status" (often called "households with kids") 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 procedure of getting legal custody of a minor kid.


Families with kids delight in under the law the exact same defense versus housing discrimination as other groups protected by the law. In just two instances, does the law permit, as exceptions, discrimination against households with children. Both exceptions relate to so-called housing for older individuals. Housing planned for and occupied exclusively by people 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 need to comply with the law's familial status provisions.


Discrimination against families with kids manifests itself in many ways, the most typical of which remain in advertising (e.g. indicators that leasings are for "no kids" or "adults just"), limiting tenancy requirements that unreasonably restrict the number of kids who may occupy an offered area, and steering of families with children to separate structures or parts of structures.


Exemptions to the Fair Housing Act


The 4 exemptions to the Fair Housing Act are:


- A single-family home offered or rented by the owner, supplied the owner does not own more than 3 such single family houses at one time and provided likewise that the sale or leasing is not advertised in a discriminatory manner and is done without the services of a real estate representative, broker or sales person. If the seller does not reside in your home at the time of the rental or sale, or was not the most recent resident at the time of the rental or sale, only one sale of such a single-family house within any 24-month duration is exempted.
- Dwelling systems or spaces in a structure of four or less systems, offered the owner of the structure occupies among the systems as his home
- A house owned or run by a religious company, or by a nonprofit company owned or controlled by a spiritual company which limits or provides preference in the sale, rental or tenancy to persons of the very same faith, supplied membership in the religion is not limited on the basis of race, color or national origin.
- Lodging owned or run by a personal club as an occurrence to its main purpose and not run for a commercial function. Club members may be given choice, or occupancy might be restricted to members, offered 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 deal with the problem. Information on submitting a complaint and the investigative procedure are available on the Commission's site.


Victims of housing discrimination might likewise submit a claim with the proper state court.


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


Federal Law


HUD Administrative Complaints


A person who believes 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 prejudiced act occurred. The Secretary needs to inform the complainant of the choice of forums for resolving the disagreement and if the state or local jurisdiction has a public company licensed to manage such grievances, the Secretary must refer the complaint to that company.


The Secretary will attempt to moderate the conflict and reach a conciliation contract with the parties. If essential, the Secretary might ask the Attorney General to seek momentary relief through court action. Under particular conditions, either the aggrieved party or the respondent may choose to have actually the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who discovers that a participant has committed an inequitable housing act might enforce a civil charge of approximately $10,000 for a first offense, approximately $25,000 for a second offense within a five-year period, and as much as $50,000 for a third offense within a seven-year period. If the disagreement goes to federal court, the Chief law officer will preserve the action on behalf of the aggrieved person. The aggrieved individual may sign up with the action and may be granted affordable attorney costs.


Private Lawsuits


An individual who thinks that s/he has been the victim of housing discrimination might submit a civil action in the United States District Court or State Court within 2 years after the prejudiced act occurred or ended, or after a conciliation agreement was breached, whichever happens last, even if a complaint had actually been submitted with HUD, supplied that an Administrative Law Judge has actually not yet begun a hearing. A federal judge may approve whatever relief is needed, consisting of the award of actual and punitive damages, lawyer costs and short-lived or long-term 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 actually taken part in a "pattern or practice" of housing discrimination.
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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-lived or irreversible injunction or other order, reasonable lawyer charges and expenses, cash damages to any aggrieved individual and "to vindicate the general public interest", a civil charge of as much as $50,000 for the very first infraction and approximately $100,000 for any subsequent offense.


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