Laws Versus 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, marketing and financing of housing on the basis of your race, color, faith, gender, nationwide origin, family status, i.e., pregnancy or having custody of a kid under age 18 or disability. Maryland and many of its local jurisdictions have at least similar laws, as well as additional securities.


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, personal in addition to 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 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 Rights 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 7 groups. Anyone treated unjustly since of: race, color, faith, 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" 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 actually stated that Maryland's law is "substantially equivalent" to the federal law. In two crucial respects, Maryland offers more defense. First, Maryland expands on the safeguarded 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, apart, separated or widowed." "Sexual orientation" implies the identification of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to mean the gender related identity, look, expression, or habits of a person, regardless of the individual's appointed sex at birth. In addition, there is a limitation to the exemption for spaces or systems in a residence in which the owner inhabits an unit as his/her primary residence. In Maryland, these owners may refuse someone based on sex, sexual preference, gender identity or marital status. However, they can not discriminate against someone since of his/her race, color, religion, family status, national origin, impairment, or income source.


Read the Law: Md. Code, State Government, § 20-101, 20-704, 20-705


Local jurisdictions (such as the counties or towns) likewise protect all of the groups covered by federal and state law and typically consist of extra categories such as age (in Baltimore City, 18 or older), sexual preference, occupation and income. See local law short 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 protected by the law.


Sale or Rental of Residential Real Estate - Refuse to sell, lease or otherwise make not available or deny any residence; discriminate in the terms or conditions of sale or leasing of a house or in the provision of or facilities. (Single sex housing is allowed, as an exception to this restriction, in scenarios where sharing of living locations is included.); or show that housing is not offered when, in reality, it is.
Advertising Residential Real Estate - Make, print, publish or trigger to be made, printed or released, a notice, statement or ad relating to the sale or leasing of housing that shows a choice, limitation or discrimination.
Block Busting - Persuade or try to encourage, for earnings, a person to sell or lease a house by making representations about the present or future entry into the neighborhood of one or more persons in a secured class.
Loans and Other Financial Assistance - Discriminate in the making or acquiring of loans or offering 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 establish various terms for, membership or participation in any numerous listing service, realty brokers' company or other service, organization or facility associating with business 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 special needs (handicap) as a physical or psychological impairment that considerably restricts several of an individual's "significant life activities", a record of having such a problems, or being regarded as having such a problems. The law secures both the individual with a disability and a person coping with or meaning to deal with that person. It excludes people who are illegally utilizing or addicted to drugs and other illegal drugs.
Special Protections - In addition to providing people with impairments all of the securities versus housing discrimination that are provided to members of the other 6 secured classes, the list below provisions of the Fair Housing Act provide important extra protection.


Read the Law: 42 United States Code § 3602


The restriction against discriminating in the terms and conditions of sale or leasing, prohibits a property manager from asking any questions of a person with a special needs than would be asked of any other applicant. A property owner may not, for instance, ask about the nature or seriousness of an individual's disability or ask whether that individual is capable of living alone.


Reasonable Accommodations


It is illegal to decline to make such reasonable modifications in guidelines, policies, practices and services which may be necessary to pay for an individual with a disability a level playing field to enjoy and utilize a residence. These "reasonable lodgings" consist of such things as making an exception to a "no family pets" policy for a person who needs a service animal and offering a booked, designated parking place for an individual with a mobility disability.
Reasonable Modifications - It is illegal to refuse to allow a person with an impairment to make, at his/her own cost, such reasonable modifications in the facilities as might be required to allow use and pleasure of the premises. "Reasonable modifications" consist of such things as installing grab bars to facilitate 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 very first tenancy after March 13, 1991 (i.e. buildings consisting of 4 or more systems) must be totally accessible to individuals with specials needs. Itaf a building has an elevator, all systems need to be available; if there is no elevator, just "ground flooring" systems should be accessible. "Accessible" suggests:


1. There need to be an available structure entryway on an available route;
2. Public and common usage areas need to be easily accessible to and functional by individuals with impairments;
3. All inside doors must be wide sufficient to accommodate a wheelchair;
4. There must be an available route into and through the dwelling;
5. Light switches, electric outlets, thermostats and other environmental protections must be accessible;
6. Bathroom walls should be reinforced to permit later on setup of grab bars; and
7. Bathroom and kitchens should have adequate space to permit 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" (typically 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 likewise to a person who is pregnant or in the procedure of getting legal custody of a minor kid.


Families with kids delight in under the law the very same security versus housing discrimination as other groups protected by the law. In just two instances, does the law license, as exceptions, discrimination against households with children. Both exceptions relate to so-called housing for older persons. Housing meant for and occupied solely by individuals 62 years of age or older and housing in which 80 percent of the units are intended for and occupied by a minimum of a single person who is 55 years of age or older do not need to adhere to the law's familial status arrangements.


Discrimination against families with kids manifests itself in numerous methods, the most common of which are in marketing (e.g. signs that leasings are for "no children" or "adults just"), limiting tenancy requirements that unreasonably limit the variety of kids who might occupy an offered area, and steering of households with children to separate buildings or parts of buildings.


Exemptions to the Fair Housing Act


The 4 exemptions to the Fair Housing Act are:


- A single-family house offered or rented by the owner, offered the owner does not own more than three such single family houses at one time and supplied likewise that the sale or rental is not advertised in an inequitable manner and is done without the services of a genuine estate representative, broker or sales person. If the seller does not live in the house 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 period is exempted.
- Dwelling systems or rooms in a building of four or less units, provided the owner of the building occupies one of the units as his house
- A home owned or operated by a religious organization, or by a not-for-profit company owned or controlled by a spiritual company which limits or provides choice in the sale, rental or tenancy to individuals of the very same faith, 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 occurrence to its primary function and not operated for a commercial function. Club members might be provided choice, or tenancy might be limited to members, supplied 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 implementing discrimination laws. The Commission will examine claims of housing discrimination and attempt to resolve the problem. Information on submitting a grievance and the investigative process are offered on the Commission's website.


Victims of housing discrimination may also file a claim with the proper state court.


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


Federal Law


HUD Administrative Complaints


An individual who believes that s/he has 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 complainant of the option of forums for solving the conflict and if the state or regional jurisdiction has a public agency licensed to handle such complaints, the Secretary needs to refer the complaint to that firm.


The Secretary will try to mediate the disagreement and reach a conciliation agreement with the parties. If needed, the Secretary might ask the Attorney General to look for short-lived relief through court action. Under specific conditions, either the aggrieved party or the participant may pick to have the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a participant has actually dedicated an inequitable housing act might enforce a civil charge of as much as $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 third offense within a seven-year duration. If the dispute goes to federal court, the Attorney General will preserve the action on behalf of the aggrieved person. The aggrieved individual may join the action and might be awarded reasonable lawyer fees.


Private Lawsuits


A person who believes that s/he has 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 prejudiced act occurred or ended, or after a conciliation arrangement was breached, whichever happens last, even if a complaint had been submitted with HUD, provided that an Administrative Law Judge has actually not yet started a hearing. A federal judge might give whatever relief is needed, consisting of the award of real and punitive damages, lawyer charges and short-lived or irreversible 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 might start a civil fit in any federal district court if s/he has reasonable cause to believe that a person has actually engaged 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 recommendation from the Secretary of HUD, the judge may award whatever relief is appropriate: a momentary or long-term injunction or other order, sensible lawyer fees and costs, money damages to any aggrieved individual and "to vindicate the general public interest", a civil charge of as much as $50,000 for the first offense and up to $100,000 for any subsequent offense.


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