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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 against Families with Children
Exemptions to the Fair Housing Act
Enforcement Provisions and Penalties for Violations of the Law

Federal law forbids in the rental, sale, marketing and funding of housing on the basis of your race, color, faith, gender, national origin, family 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, along with additional defenses.

The nationwide policy against 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 actually analyzed as forbiding „all racial discrimination, private in addition to 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 Rights Act of 1968. It was amended in 1974 and again in 1978. The Fair Housing Act restricts housing discrimination against an individual who falls in any of the following 7 groups. Anyone treated unfairly since of: race, color, faith, national origin, sex, families with children and people with disabilities (handicap). These seven groups are considered „protected classes“ under the Act and its modifications. „Protected classes“ indicate 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 „significantly equivalent“ to the federal law. In two essential aspects, Maryland gives more security. First, Maryland expands on the safeguarded classes of the federal law. You can not be discriminated against since of your marital status, gender recognition, sexual preference, or income source.

Marital status is specified as „the state of being single, married, apart, divorced or widowed.“ „Sexual orientation“ indicates the recognition of an individual as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to mean the gender associated identity, look, expression, or habits of an individual, no matter the individual’s appointed 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 principal residence. In Maryland, these owners might decline somebody based on sex, sexual preference, gender identity or marital status. However, they can not victimize somebody because of his/her race, color, faith, family status, national origin, special needs, or income source.

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 classifications such as age (in Baltimore City, 18 or older), sexual choice, profession and source of income. 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 protected 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 house or in the provision of services or facilities. (Single sex housing is allowed, as an exception to this prohibition, in circumstances where sharing of living locations is included.); or suggest that housing is not readily available when, in reality, it is.
Advertising Residential Real Estate – Make, print, release or cause to be made, printed or released, a notification, statement or advertisement connecting to the sale or rental of housing that indicates a preference, limitation or discrimination.
Block Busting – Persuade or attempt to convince, for earnings, a person to sell or rent a house by making representations about today or future entry into the area of one or more persons in a safeguarded class.
Loans and Other Financial Assistance – Discriminate in the making or purchasing of loans or providing other financial assistance.
Brokerage and Appraisal Services – Discriminate in the brokering or appraisal of residential property.
Participation in Real Estate Organizations – Deny access to, or establish different terms and conditions for, subscription or participation in any multiple listing service, genuine estate brokers’ company or other service, company or facility associating with the business of selling or leasing of homes.
Intimidation, Coercion and Threats – Intimidate, coerce, threaten or disrupt an individual in one of the safeguarded 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 psychological disability that considerably limits one or more of an individual’s „significant life activities“, a record of having such an impairment, or being considered having such a problems. The law safeguards both the individual with a special needs and a person dealing with or meaning to cope with that individual. It omits people who are unlawfully utilizing or addicted to drugs and other controlled substances.
Special Protections – In addition to supplying individuals with disabilities all of the securities against housing discrimination that are provided to members of the other six secured classes, the list below arrangements of the Fair Housing Act offer important extra defense.

Read the Law: 42 United States Code § 3602

The prohibition versus discriminating in the terms of sale or rental, forbids a property manager from asking any concerns of a person with an impairment than would be asked of any other applicant. A property owner may not, for instance, inquire about the nature or intensity of a person’s impairment or ask whether that person is capable of living alone.

Reasonable Accommodations

It is unlawful to refuse to make such sensible modifications in guidelines, policies, practices and services which might be required to pay for a person with a special needs a level playing field to enjoy and use a home. These „sensible accommodations“ include such things as making an exception to a „no animals“ policy for an individual who needs a service animal and supplying a reserved, designated parking location for a person with a mobility impairment.
Reasonable Modifications – It is illegal to decline to permit a person with a disability to make, at his/her own expenditure, such affordable modifications in the facilities as might be required to allow use and enjoyment of the properties. „Reasonable modifications“ consist of such things as installing grab bars to help with usage of bathroom 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 constructed for very first occupancy after March 13, 1991 (i.e. buildings including 4 or more systems) should be totally accessible to individuals with disabilities. Itaf a structure has an elevator, all units need to be available; if there is no elevator, only „ground flooring“ systems should be available. „Accessible“ means:

1. There must be an accessible building entrance on an accessible route;
2. Public and typical usage areas should be readily available to and functional by people with impairments;
3. All inside doors should be broad sufficient to accommodate a wheelchair;
4. There need to be an available path into and through the dwelling;
5. Light switches, electric outlets, thermostats and other ecological controls must be accessible;
6. Bathroom walls need to be enhanced to permit later on setup of grab bars; and
7. Bathroom and kitchens need to have adequate 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“ (typically called „households with children“) refers to a parent or another person having legal custody of several people under the age of 18 years. It refers also to an individual who is pregnant or in the process of getting legal custody of a small kid.

Families with children enjoy under the law the same security versus housing discrimination as other groups safeguarded by the law. In only 2 instances, does the law permit, as exceptions, discrimination versus families with children. Both exceptions pertain to so-called housing for older individuals. Housing intended for and inhabited solely by individuals 62 years of age or older and housing in which 80 percent of the systems are planned for and occupied by at least one person who is 55 years of age or older do not need to abide by the law’s familial status provisions.

Discrimination versus families with children manifests itself in many methods, the most typical of which are in advertising (e.g. signs that rentals are for „no children“ or „adults just“), limiting tenancy standards that unreasonably restrict the number of children who may occupy an offered space, and steering of households with kids to different buildings or parts of structures.

Exemptions to the Fair Housing Act

The 4 exemptions to the Fair Housing Act are:

– A single-family house sold or rented by the owner, offered the owner does not own more than 3 such single household homes at one time and offered likewise that the sale or leasing is not promoted in a discriminatory manner and is done without the services of a property representative, broker or sales individual. If the seller does not live in your house 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 house within any 24-month duration is exempted.
– Dwelling units or spaces in a structure of four or fewer units, supplied the owner of the building inhabits among the units as his house
– A dwelling owned or operated by a spiritual company, or by a not-for-profit organization owned or managed by a spiritual company which limits or gives preference in the sale, rental or tenancy to individuals of the same religion, provided 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 main function and not operated for a business function. Club members may be provided choice, or tenancy might be limited to members, offered club membership is open to all without regard to race, color, religion, 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 implementing discrimination laws. The Commission will examine accusations of housing discrimination and try to deal with the issue. Information on submitting a problem and the investigative procedure are offered on the Commission’s site.

Victims of housing discrimination may likewise submit 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 submit a composed grievance with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the prejudiced act took place. The Secretary must notify the plaintiff of the option of forums for solving the conflict and if the state or regional jurisdiction has a public firm licensed to manage such complaints, the Secretary should refer the grievance to that agency.

The Secretary will attempt to mediate the disagreement and reach a conciliation contract with the celebrations. If necessary, the Secretary might ask the Attorney General to seek temporary relief through court action. Under specific 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 respondent has committed a prejudiced housing act might enforce a civil charge of approximately $10,000 for a very first offense, up to $25,000 for a second offense within a five-year period, and approximately $50,000 for a third offense within a seven-year duration. If the conflict goes to federal court, the Attorney general of the United States will preserve the action on behalf of the aggrieved person. The aggrieved individual might sign up with the action and may be awarded affordable lawyer charges.

Private Lawsuits

A person who thinks 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 took place or ended, or after a conciliation arrangement was breached, whichever happens last, even if a complaint had been filed with HUD, supplied that an Administrative Law Judge has not yet begun a hearing. A federal judge might approve whatever relief is necessary, consisting of the award of real and punitive damages, attorney fees and short-term or irreversible injunctions.

The U.S. Attorney General might intervene in personal claims identified to be of basic public importance.

Lawsuits in „Pattern or Practice“ Cases

The U.S. Attorney general of the United States may initiate a civil suit 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 suit brought by the Chief law officer, whether on his/her own initiative or by recommendation from the Secretary of HUD, the judge might award whatever relief is appropriate: a short-term or irreversible injunction or other order, reasonable lawyer costs 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 first infraction and as much as $100,000 for any subsequent infraction.

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