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 prohibits discrimination in the leasing, sale, advertising and financing of housing on the basis of your race, color, faith, gender, national origin, household status, i.e., pregnancy or having custody of a child under age 18 or disability. Maryland and a lot of its regional jurisdictions have at least similar laws, as well as additional defenses.
The nationwide policy versus 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 translated as restricting "all racial discrimination, personal along with public, in the sale or leasing of residential or commercial property." Unlike the 1968 law, the 1866 law consists of no exceptions and no limitation 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 modified in 1974 and again in 1978. The Fair Housing Act forbids housing discrimination against an individual who falls in any of the following seven groups. Anyone treated unjustly due to the fact that of: race, color, religious beliefs, national origin, sex, families with children and people with specials needs (handicap). These 7 groups are thought about "safeguarded 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 stated that Maryland's law is "considerably equivalent" to the federal law. In two crucial respects, Maryland offers more security. First, Maryland broadens on the protected classes of the federal law. You can not be victimized because of your marital status, gender recognition, sexual orientation, or income source.
Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual preference" suggests the identification of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to mean the gender related identity, look, expression, or behavior of an individual, 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 a system as his/her primary home. In Maryland, these owners may decline somebody based upon sex, sexual preference, gender identity or marital status. However, they can not victimize someone because of his/her race, color, religion, household status, nationwide origin, impairment, 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 often include extra categories such as age (in Baltimore City, 18 or older), sexual choice, occupation and income source. See regional law articles.
The Fair Housing Act makes it unlawful to dedicate any of the following acts against a person 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 home; discriminate in the terms or conditions of sale or rental of a dwelling or in the arrangement of services or centers. (Single sex housing is allowed, as an exception to this restriction, in circumstances where sharing of living areas is involved.); or show that housing is not available when, in fact, it is.
Advertising Residential Real Estate - Make, print, release or trigger to be made, printed or published, a notice, declaration or ad associating with the sale or leasing of housing that indicates a choice, limitation or discrimination.
Block Busting - Persuade or attempt to persuade, for revenue, an individual to offer or rent a home by making representations about today or future entry into the community of several persons in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or acquiring of loans or providing other financial 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 and conditions for, subscription or involvement in any numerous listing service, real estate brokers' company or other service, company or facility relating to the company of selling or leasing of residences.
Intimidation, Coercion and Threats - Intimidate, push, threaten or hinder a person in one of the protected classes in enjoyment of rights provided by the Fair Housing Act.
Special Provisions for People with Disabilities
Definition of Disability
The Fair Housing Act specifies disability (handicap) as a physical or mental disability that substantially restricts several of a person's "major life activities", a record of having such a disability, or being related to as having such a disability. The law secures both the person with an impairment and an individual coping with or meaning to deal with that individual. It excludes people who are unlawfully using or addicted to drugs and other illegal drugs.
Special Protections - In addition to offering individuals with impairments all of the defenses against housing discrimination that are provided to members of the other six secured classes, the following provisions of the Fair Housing Act offer crucial additional protection.
Read the Law: 42 United States Code § 3602
The prohibition versus discriminating in the terms of sale or leasing, forbids a property owner from asking any concerns of a person with a special needs than would be asked of any other applicant. A property owner may not, for example, inquire about the nature or severity of an individual's impairment or ask whether that individual is capable of living alone.
Reasonable Accommodations
It is illegal to decline to make such sensible changes in guidelines, policies, practices and services which may be necessary to manage a person with an impairment a level playing field to enjoy and use a home. These "affordable lodgings" include such things as making an exception to a "no animals" policy for an individual who needs a service animal and providing a scheduled, designated parking location for a person with a movement impairment.
Reasonable Modifications - It is illegal to refuse to permit a person with a special needs to make, at his/her own expense, such sensible modifications in the premises as may be essential to permit usage and enjoyment of the properties. "Reasonable adjustments" consist of such things as setting up grab bars to assist in use of bathroom centers 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 first occupancy after March 13, 1991 (i.e. buildings including 4 or more units) must be fully accessible to people with disabilities. Itaf a structure has an elevator, all systems should be accessible; if there is no elevator, only "ground flooring" systems need to be available. "Accessible" implies:
1. There should be an available structure entrance on an accessible path;
2. Public and typical use locations need to be readily available to and usable by individuals with impairments;
3. All inside doors should be large enough to accommodate a wheelchair;
4. There need to be an accessible route into and through the residence;
5. Light switches, electric outlets, thermostats and other environmental controls should be available;
6. Bathroom walls should be strengthened to enable later installation of grab bars; and
7. Bathroom and kitchens must have enough 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 children") describes a parent or another person having legal custody of one or more people 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 small child.
Families with kids take pleasure in under the law the same defense against housing discrimination as other groups secured by the law. In just two instances, does the law license, as exceptions, discrimination versus households with kids. Both exceptions pertain to so-called housing for older persons. Housing planned for and inhabited entirely by individuals 62 years of age or older and housing in which 80 percent of the systems are meant for and inhabited by at least a single person who is 55 years of age or older do not need to abide by the law's familial status arrangements.
Discrimination against households with children manifests itself in many ways, the most typical of which are in advertising (e.g. signs that leasings are for "no kids" or "grownups just"), restrictive tenancy standards that unreasonably limit the number of children who may inhabit a provided 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 home offered or rented by the owner, provided the owner does not own more than 3 such single household homes at one time and supplied also that the sale or rental is not marketed in an inequitable way and is done without the services of a property agent, 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 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 excused.
- Dwelling systems or spaces in a building of four or fewer systems, provided the owner of the structure inhabits among the units as his home
- A dwelling owned or run by a religious company, or by a not-for-profit company owned or controlled by a spiritual company which limits or provides preference in the sale, rental or occupancy to persons of the very same religion, offered membership in the religion is not limited on the basis of race, color or nationwide origin.
- Lodging owned or run by a personal club as an incident to its main purpose and not run for an industrial purpose. Club members may be provided preference, or occupancy might be restricted to members, supplied club membership 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 Rights has the obligation of imposing discrimination laws. The Commission will examine allegations of housing discrimination and try to solve the problem. Information on filing a problem and the investigative process are offered on the Commission's website.
Victims of housing discrimination might likewise submit a lawsuit with the appropriate state court.
Read the Law: Md. Code, State Government, § 20-702
Federal Law
HUD Administrative Complaints
An individual who believes 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 prejudiced act happened. The Secretary must inform the plaintiff of the choice of forums for dealing with the disagreement and if the state or local jurisdiction has a public firm licensed to deal with such problems, the Secretary must refer the problem to that agency.
The Secretary will attempt to mediate the dispute and reach a conciliation arrangement with the parties. If necessary, the Secretary might ask the Chief law officer to look for momentary relief through court action. Under certain conditions, either the aggrieved celebration or the respondent may pick 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 dedicated a prejudiced housing act might impose a civil charge of approximately $10,000 for a first offense, as much as $25,000 for a 2nd offense within a five-year duration, and as much as $50,000 for a third offense within a seven-year period. If the conflict goes to federal court, the Chief law officer will preserve the action on behalf of the aggrieved person. The aggrieved person might join the action and may be granted affordable attorney fees.
Private Lawsuits
A person who believes 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 discriminatory act happened or ended, or after a conciliation arrangement was breached, whichever occurs last, even if a grievance had actually been filed with HUD, supplied that an Administrative Law Judge has actually not yet started a hearing. A federal judge may give whatever relief is necessary, consisting of the award of real and punitive damages, lawyer fees and short-lived or irreversible injunctions.
The U.S. Attorney General might intervene in private suits identified to be of public value.
Lawsuits in "Pattern or Practice" Cases
The U.S. Attorney general of the United States may start a civil match in any federal district court if s/he has reasonable cause to believe that an individual has actually participated in a "pattern or practice" of housing discrimination.
In any match brought by the Attorney General, whether on his/her own effort or by referral from the Secretary of HUD, the judge may award whatever relief is suitable: a short-term or irreversible injunction or other order, affordable attorney fees and costs, cash damages to any aggrieved individual and "to vindicate the general public interest", a civil charge of up to $50,000 for the first offense and as much as $100,000 for any subsequent infraction.
Read the Law: 42 United States Code § 3613, 3614
