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 leasing, sale, advertising and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide origin, family status, i.e., pregnancy or having custody of a kid under age 18 or special needs. Maryland and much of its regional jurisdictions have at least similar laws, along with 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 liberty Act of 1866 which the Supreme Court of the United States has analyzed as restricting "all racial discrimination, personal as well as public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law contains 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 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 restricts housing discrimination against an individual who falls in any of the following 7 groups. Anyone dealt with unfairly due to the fact that of: race, color, religion, national origin, sex, families with kids and people with impairments (handicap). These seven groups are considered "secured classes" under the Act and its amendments. "Protected classes" imply 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 actually stated that Maryland's law is "considerably comparable" to the federal law. In two crucial respects, Maryland gives more defense. First, Maryland expands on the safeguarded classes of the federal law. You can not be victimized due to the fact that of your marital status, gender recognition, sexual preference, or source of income.
Marital status is defined as "the state of being single, married, apart, divorced or widowed." "Sexual preference" indicates the recognition of an individual regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to suggest the gender associated identity, look, expression, or behavior of a person, no matter the individual's assigned sex at birth. In addition, there is a limit to the exemption for rooms or systems in a dwelling in which the owner inhabits an unit as his/her primary house. In Maryland, these owners may reject someone based on sex, sexual preference, gender identity or marital status. However, they can not victimize someone since of his/her race, color, faith, household status, national origin, special needs, or source of 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 include extra categories such as age (in Baltimore City, 18 or older), sexual orientation, profession and income source. See local law articles.
The Fair Housing Act makes it unlawful to commit 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 sell, lease or otherwise make unavailable or reject any home; discriminate in the terms or conditions of sale or rental of a house or in the arrangement of services or centers. (Single sex housing is permitted, as an exception to this prohibition, in scenarios where sharing of living areas is included.); or show that housing is not readily available when, in truth, it is.
Advertising Residential Real Estate - Make, print, release or cause to be made, printed or published, a notification, declaration or advertisement connecting to the sale or rental of housing that suggests a choice, restriction or discrimination.
Block Busting - Persuade or try to persuade, for revenue, an individual to offer or lease a house by making representations about the present or future entry into the community of several individuals in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or acquiring of loans or offering other monetary help.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of property genuine estate.
Participation in Real Estate Organizations - Deny access to, or establish various terms and conditions for, subscription or participation in any numerous listing service, genuine estate brokers' organization or other service, company or center associating with the organization of selling or leasing of residences.
Intimidation, Coercion and Threats - Intimidate, coerce, threaten or interfere with an individual in one of the protected 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 impairment (handicap) as a physical or psychological disability that considerably restricts several of a person's "major life activities", a record of having such a disability, or being considered having such a disability. The law protects both the individual with an impairment and a person coping with or planning to deal with that person. It excludes people who are unlawfully utilizing or addicted to drugs and other regulated compounds.
Special Protections - In addition to providing people with specials needs all of the protections versus housing discrimination that are offered to members of the other 6 safeguarded classes, the list below arrangements of the Fair Housing Act provide crucial extra protection.
Read the Law: 42 United States Code § 3602
The prohibition versus discriminating in the terms and conditions of sale or leasing, restricts a proprietor 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 instance, inquire about the nature or intensity of an individual's special needs or ask whether that person is capable of living alone.
Reasonable Accommodations
It is unlawful to decline to make such sensible changes in guidelines, policies, practices and services which may be needed to afford a person with a disability an equivalent chance to enjoy and utilize a dwelling. These "reasonable accommodations" include such things as making an exception to a "no family pets" policy for an individual who requires a service animal and supplying a booked, designated parking place for a person with a movement impairment.
Reasonable Modifications - It is illegal to decline to allow an individual with an impairment to make, at his/her own cost, such affordable modifications in the premises as might be needed to allow usage and satisfaction of the properties. "Reasonable modifications" include such things as installing grab bars to facilitate use of restroom 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. buildings consisting of 4 or more systems) should be totally accessible to people with impairments. Itaf a structure has an elevator, all units should be accessible; if there is no elevator, just "ground flooring" units must be accessible. "Accessible" indicates:
1. There must be an available structure entryway on an accessible path;
2. Public and common use locations must be readily available to and usable by people with impairments;
3. All inside doors should be wide enough to accommodate a wheelchair;
4. There must be an available route into and through the residence;
5. Light switches, electrical outlets, thermostats and other environmental controls must be available;
6. Bathroom walls should be strengthened to permit later on installation of grab bars; and
7. Bathroom and kitchens should have sufficient area 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" (often called "households with children") describes a parent or another individual having legal custody of one or more people 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 minor kid.
Families with kids enjoy under the law the exact same security versus housing discrimination as other groups safeguarded by the law. In just two circumstances, does the law license, as exceptions, discrimination versus households with children. Both exceptions refer to so-called housing for older persons. Housing planned 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 inhabited by a minimum of a single person who is 55 years of age or older do not require to comply with the law's familial status arrangements.
Discrimination versus families with children manifests itself in lots of ways, the most common of which are in advertising (e.g. indications that rentals are for "no kids" or "grownups only"), restrictive occupancy standards that unreasonably restrict the number of children who may inhabit a given space, and steering of households with children to different buildings or parts of structures.
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 supplied likewise that the sale or leasing is not advertised in an inequitable manner and is done without the services of a real 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 current citizen 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 rooms in a building of four or fewer systems, provided the owner of the building occupies among the systems as his home
- A house owned or operated by a religious company, or by a nonprofit company owned or controlled by a spiritual organization which restricts or gives choice in the sale, rental or tenancy to individuals of the exact same religious beliefs, supplied subscription in the religious beliefs is not restricted on the basis of race, color or nationwide origin.
- Lodging owned or run by a personal club as an incident to its primary purpose and not run for a commercial function. Club members might be offered preference, or occupancy 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 Liberty has the obligation of enforcing discrimination laws. The Commission will investigate allegations of housing discrimination and attempt to resolve the problem. Information on submitting a grievance and the investigative procedure are available on the Commission's website.
Victims of housing discrimination may also file a lawsuit with the proper state court.
Read the Law: Md. Code, State Government, § 20-702
Federal Law
HUD Administrative Complaints
A person who thinks that s/he has actually been the victim of housing discrimination might file a written problem with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the inequitable act happened. The Secretary should notify the plaintiff of the choice of forums for dealing with the conflict and if the state or regional jurisdiction has a public agency licensed to manage such problems, the Secretary needs to refer the complaint to that company.
The Secretary will attempt to mediate the conflict and reach a conciliation arrangement with the celebrations. If required, the Secretary might ask the Attorney General to seek short-term relief through court action. Under particular conditions, either the aggrieved celebration or the participant may choose to have the dispute heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a participant has actually committed a prejudiced housing act might impose a civil penalty of approximately $10,000 for a very first offense, up to $25,000 for a second offense within a five-year period, and up to $50,000 for a 3rd offense within a seven-year duration. If the dispute goes to federal court, the Chief law officer will keep the action on behalf of the aggrieved person. The aggrieved individual might sign up with the action and may be granted affordable attorney costs.
Private Lawsuits
A person who believes 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 inequitable act occurred or ended, or after a conciliation agreement was breached, whichever takes place last, even if a grievance had actually been submitted with HUD, supplied that an Administrative Law Judge has not yet begun a hearing. A federal judge might grant whatever relief is required, consisting of the award of actual and punitive damages, attorney fees and short-term or irreversible injunctions.
The U.S. Chief law officer may intervene in private lawsuits determined to be of public significance.
Lawsuits in "Pattern or Practice" Cases
The U.S. Attorney general of the United States might start a civil match in any federal district court if s/he has sensible cause to think 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 recommendation from the Secretary of HUD, the judge may award whatever relief is suitable: a temporary or irreversible injunction or other order, sensible lawyer costs and costs, cash damages to any aggrieved individual and "to vindicate the public interest", a civil charge of up to $50,000 for the very first infraction and approximately $100,000 for any subsequent offense.
Read the Law: 42 United States Code § 3613, 3614
