Laws Versus Housing Discrimination
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- Landlord - Tenant
- Discrimination
- 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 in the leasing, sale, marketing and financing of housing on the basis of your race, color, religion, gender, national origin, family status, i.e., pregnancy or having custody of a child under age 18 or disability. Maryland and much of its local jurisdictions have at least similar laws, along with extra securities.
The national policy against housing discrimination is defined 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 interpreted as prohibiting "all racial discrimination, personal along with public, in the sale or leasing of residential or commercial property." Unlike the 1968 law, the 1866 law includes no exceptions and no limit on the amount of damages which can be awarded to a complainant.
Who is Protected?
The federal Fair Housing Act is included in Title VIII of the Civil Rights Act of 1968. It was changed in 1974 and once again in 1978. The Fair Housing Act prohibits housing discrimination against an individual who falls in any of the following 7 groups. Anyone treated unfairly due to the fact that of: race, color, religious beliefs, nationwide origin, sex, families with children and individuals with disabilities (handicap). These 7 groups are considered "secured 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 comparable" to the federal law. In 2 important respects, Maryland gives more defense. First, Maryland broadens on the safeguarded classes of the federal law. You can not be victimized because of your marital status, gender recognition, sexual preference, or source of earnings.
Marital status is specified as "the state of being single, married, apart, separated or widowed." "Sexual orientation" suggests the recognition of a specific as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to suggest the gender related identity, look, 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 units in a residence in which the owner occupies an unit as his/her primary residence. In Maryland, these owners may reject someone based upon sex, sexual orientation, gender identity or marital status. However, they can not discriminate against somebody because of his/her race, color, religious beliefs, household status, national origin, special needs, or income.
Read the Law: Md. Code, State Government, § 20-101, 20-704, 20-705
Local jurisdictions (such as the counties or towns) also protect 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 orientation, occupation and source of income. See local law articles.
The Fair Housing Act makes it illegal to commit 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 not available or reject any home; discriminate in the terms or conditions of sale or leasing of a residence or in the provision of services or facilities. (Single sex housing is allowed, as an exception to this prohibition, in scenarios where sharing of living areas is involved.); or indicate that housing is not readily available when, in fact, it is.
Advertising Residential Real Estate - Make, print, release or cause to be made, printed or released, a notice, statement or ad connecting to the sale or rental of housing that suggests a preference, restriction or discrimination.
Block Busting - Persuade or attempt to encourage, for profit, an individual to sell or rent a dwelling by making representations about today or future entry into the community of several individuals in a safeguarded class.
Loans and Other Financial Assistance - Discriminate in the making or purchasing of loans or supplying other monetary help.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of property real estate.
Participation in Real Estate Organizations - Deny access to, or establish various conditions for, subscription or participation in any numerous listing service, genuine estate brokers' company or other service, organization or center connecting to the service of selling or leasing of houses.
Intimidation, Coercion and Threats - Intimidate, persuade, threaten or disrupt an individual in one of the secured classes in enjoyment of rights conferred 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 disability that considerably 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 secures both the person with a special needs and a person dealing with or intending to live with that person. It omits people who are unlawfully utilizing or addicted to drugs and other regulated substances.
Special Protections - In addition to offering people with impairments all of the securities against housing discrimination that are supplied to members of the other 6 safeguarded classes, the following arrangements of the Fair Housing Act supply important extra defense.
Read the Law: 42 United States Code § 3602
The restriction versus discriminating in the conditions of sale or leasing, restricts a property manager from asking any concerns of an individual with a disability than would be asked of any other applicant. A property owner may not, for example, ask about the nature or seriousness of a person's special needs or ask whether that person is capable of living alone.
Reasonable Accommodations
It is unlawful to refuse to make such affordable modifications in guidelines, policies, practices and services which might be needed to afford an individual with an impairment an equivalent chance to delight in and use a home. These "sensible accommodations" consist of such things as making an exception to a "no animals" policy for a person who requires a service animal and offering a reserved, designated parking location for an individual with a mobility problems.
Reasonable Modifications - It is illegal to decline to allow a person with an impairment to make, at his/her own expenditure, such sensible changes in the premises as might be necessary to allow use and enjoyment of the premises. "Reasonable adjustments" include such things as setting up grab bars to help with use of restroom 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 built for very first occupancy after March 13, 1991 (i.e. buildings including 4 or more units) should be completely available to people with specials needs. Itaf a structure has an elevator, all systems need to be available; if there is no elevator, just "ground floor" systems need to be available. "Accessible" means:
1. There need to be an accessible building entryway on an available path;
- Public and common use locations need to be readily available to and functional by individuals with specials needs;
- All inside doors must be large sufficient to accommodate a wheelchair;
- There need to be an available route into and through the dwelling;
- Light switches, electrical outlets, thermostats and other environmental protections need to be accessible;
- Bathroom walls must be enhanced to permit later setup of grab bars; and
- Bathroom and kitchens need to have adequate space to allow maneuvering in a wheelchair.
Read the Law: 42 United States Code 3604(F)
Discrimination against Families with Children
Definition of "Familial Status" - As utilized in the Fair Housing Act, the term "familial status" (often called "families with kids") describes a parent or another individual having legal custody of several individuals under the age of 18 years. It refers also to a person who is pregnant or in the process of getting legal custody of a small kid.
Families with kids enjoy under the law the exact same protection versus housing discrimination as other groups secured by the law. In just two instances, does the law license, as exceptions, discrimination versus households with children. Both exceptions refer to so-called housing for older individuals. Housing planned for and inhabited exclusively by individuals 62 years of age or older and housing in which 80 percent of the systems are meant for and occupied by at least one person who is 55 years of age or older do not require to comply with the law's familial status arrangements.
Discrimination versus households with children manifests itself in numerous ways, the most common of which are in advertising (e.g. indications that rentals are for "no kids" or "adults only"), restrictive occupancy requirements that unreasonably limit the variety of kids who might occupy an offered area, and steering of families 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 home offered or rented by the owner, offered the owner does not own more than 3 such single household houses at one time and supplied likewise that the sale or leasing is not promoted in a discriminatory way and is done without the services of a realty representative, broker or sales individual. If the seller does not reside in the house at the time of the rental or sale, or was not the most current homeowner at the time of the rental or sale, just one sale of such a single-family house within any 24-month period is excused.
- Dwelling systems or rooms in a building of 4 or less units, provided the owner of the structure occupies one of the units as his home
- A residence owned or operated by a spiritual company, or by a not-for-profit organization owned or managed by a spiritual organization which limits or gives choice in the sale, rental or tenancy to individuals of the very same faith, offered subscription in the religious beliefs is not restricted on the basis of race, color or nationwide origin.
- Lodging owned or operated by a private club as an event to its primary function and not run for a business function. Club members might be given choice, or tenancy might be restricted to members, offered club membership 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 Liberty has the obligation of imposing discrimination laws. The Commission will examine claims of housing discrimination and attempt to fix the problem. Information on filing a grievance and the investigative procedure are offered on the Commission's website.
Victims of housing discrimination may likewise file a lawsuit 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 composed grievance with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the discriminatory act happened. The Secretary must notify the plaintiff of the choice of forums for dealing with the dispute and if the state or local jurisdiction has a public company accredited to handle such complaints, the Secretary must refer the problem to that company.
The Secretary will attempt to moderate the conflict and reach a conciliation agreement with the celebrations. If essential, the Secretary might ask the Attorney general of the United States to seek short-term relief through court action. Under certain conditions, either the aggrieved celebration or the participant might choose to have the conflict heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who discovers that a participant has actually dedicated an inequitable housing act might impose a civil charge of up to $10,000 for a very first offense, as much as $25,000 for a 2nd offense within a five-year period, and as much as $50,000 for a third offense within a seven-year period. If the dispute goes to federal court, the Chief law officer will maintain the action on behalf of the aggrieved person. The aggrieved person might sign up with the action and might be granted sensible lawyer charges.
Private Lawsuits
A person who believes that s/he has actually been the victim of housing discrimination may file a civil action in the United States District Court or State Court within two years after the inequitable act happened or ended, or after a conciliation arrangement was breached, whichever takes place last, even if a problem had been submitted with HUD, supplied that an Administrative Law Judge has actually not yet started a hearing. A federal judge might grant whatever relief is needed, including the award of real and compensatory damages, attorney fees and temporary or permanent injunctions.
The U.S. Attorney general of the United States might intervene in personal suits figured out to be of public significance.
Lawsuits in "Pattern or Practice" Cases
The U.S. Chief law officer may initiate a civil suit in any federal district court if s/he has sensible cause to believe that an individual has taken part 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 might award whatever relief is proper: a short-term or long-term injunction or other order, reasonable lawyer fees and expenses, cash damages to any aggrieved person and "to vindicate the public interest", a civil penalty of up to $50,000 for the first infraction and approximately $100,000 for any subsequent infraction.
Read the Law: 42 United States Code § 3613, 3614
