Laws against 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 discrimination in the leasing, 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 kid under age 18 or impairment. Maryland and much of its local jurisdictions have at least comparable laws, as well as additional protections.

The nationwide 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 actually interpreted as restricting "all racial discrimination, private as well as public, in the sale or leasing of residential or commercial property." Unlike the 1968 law, the 1866 law includes no exceptions and no limitation on the amount 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 prohibits housing discrimination against a person who falls in any of the following seven groups. Anyone dealt with unfairly because of: race, color, religion, national origin, sex, families with children and people with disabilities (handicap). These seven groups are considered "protected classes" under the Act and its changes. "Protected classes" indicate 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 essential respects, Maryland offers more protection. First, Maryland expands on the protected classes of the federal law. You can not be victimized due to the fact that of your marital status, gender identification, sexual preference, or income.

Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual preference" suggests the recognition of a private as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to imply the gender associated identity, appearance, expression, or behavior of an individual, no matter the person's designated sex at birth. In addition, there is a limitation to the for spaces or units in a residence in which the owner occupies a system as his/her primary residence. In Maryland, these owners may deny someone based upon sex, sexual preference, gender identity or marital status. However, they can not discriminate versus somebody since of his/her race, color, religion, household status, national origin, impairment, or income.

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

Local jurisdictions (such as the counties or towns) likewise secure 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 orientation, profession and income. See regional law posts.

The Fair Housing Act makes it unlawful to devote 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 offer, lease or otherwise make not available or deny any house; 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 restriction, in circumstances where sharing of living locations is involved.); or indicate that housing is not available when, in fact, it is. Advertising Residential Real Estate - Make, print, release or cause to be made, printed or published, a notice, statement or advertisement connecting to the sale or rental of housing that suggests a preference, limitation or discrimination. Block Busting - Persuade or attempt to encourage, for revenue, an individual to offer or lease a house by making representations about the present or future entry into the neighborhood of several individuals in a secured 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 for, subscription or involvement in any numerous listing service, genuine estate brokers' company or other service, company or center associating with business of offering or renting of houses. Intimidation, Coercion and Threats - Intimidate, push, threaten or disrupt an individual in among 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 defines disability (handicap) as a physical or mental impairment that significantly limits several of an individual's "major life activities", a record of having such a problems, or being considered as having such a problems. The law safeguards both the person with an impairment and an individual living with or planning to cope with that individual. It omits individuals who are unlawfully using or addicted to drugs and other illegal drugs. Special Protections - In addition to supplying people with disabilities all of the securities versus housing discrimination that are supplied to members of the other six safeguarded classes, the following arrangements of the Fair Housing Act supply important additional defense.

Read the Law: 42 United States Code § 3602

The restriction versus discriminating in the terms and conditions of sale or leasing, forbids a proprietor from asking any questions of an individual with an impairment than would be asked of any other candidate. A proprietor may not, for example, inquire about the nature or seriousness of a person's special needs or ask whether that person can living alone.

Reasonable Accommodations

It is unlawful to decline to make such sensible modifications in guidelines, policies, practices and services which might be necessary to afford a person with an impairment an equivalent chance to enjoy and utilize a dwelling. These "sensible accommodations" include such things as making an exception to a "no family pets" policy for a person who needs a service animal and providing a booked, designated parking place for an individual with a movement problems. Reasonable Modifications - It is illegal to decline to allow an individual with a special needs to make, at his/her own expense, such sensible modifications in the facilities as might be required to allow usage and satisfaction of the facilities. "Reasonable adjustments" consist of such things as installing grab bars to help with use of bathroom centers 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 first occupancy after March 13, 1991 (i.e. structures consisting of 4 or more units) must be totally accessible to individuals with specials needs. Itaf a structure has an elevator, all units should be available; if there is no elevator, just "ground floor" units should be accessible. "Accessible" means:

1. There need to be an accessible structure entrance on an available path; 2. Public and common use locations should be readily accessible to and functional by individuals with disabilities; 3. All inside doors should be wide sufficient to accommodate a wheelchair; 4. There need to be an accessible path into and through the home; 5. Light switches, electrical outlets, thermostats and other environmental controls need to be available; 6. Bathroom walls need to be reinforced to allow later on setup 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 utilized in the Fair Housing Act, the term "familial status" (frequently called "households with kids") describes a moms and dad or another individual having legal custody of one or more people under the age of 18 years. It refers likewise to an individual who is pregnant or in the procedure of getting legal custody of a minor kid.

Families with kids take pleasure in under the law the exact same defense versus housing discrimination as other groups protected by the law. In just 2 instances, does the law permit, as exceptions, discrimination versus families with kids. Both exceptions refer to so-called housing for older individuals. Housing meant for and occupied 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 adhere to the law's familial status provisions.

Discrimination against families with kids manifests itself in lots of methods, the most common of which remain in marketing (e.g. signs that rentals are for "no children" or "grownups just"), restrictive occupancy 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 structures.

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, provided the owner does not own more than 3 such single household homes at one time and provided likewise that the sale or rental is not advertised in a prejudiced manner and is done without the services of a realty agent, broker or sales person. If the seller does not live in your 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 units or spaces in a building of 4 or fewer systems, offered the owner of the building inhabits one of the units as his house - A dwelling owned or run by a spiritual organization, 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 exact same religious beliefs, offered subscription in the faith is not limited on the basis of race, color or nationwide origin. - Lodging owned or operated by a private club as an incident to its main function and not run for a business purpose. Club members might be given preference, or tenancy might be limited 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 duty of implementing discrimination laws. The Commission will investigate accusations of housing discrimination and try to fix the issue. Information on submitting a grievance and the investigative procedure are readily available on the Commission's site.

Victims of housing discrimination might likewise submit a suit with the appropriate state court.

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

Federal Law

HUD Administrative Complaints

An individual who thinks that s/he has actually been the victim of housing discrimination may submit a composed problem with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the discriminatory act occurred. The Secretary should notify the plaintiff of the option of online forums for solving the disagreement and if the state or local jurisdiction has a public company accredited to manage such complaints, the Secretary should refer the problem to that firm.

The Secretary will try to moderate the disagreement and reach a conciliation arrangement with the parties. If essential, the Secretary may ask the Chief law officer to look for momentary relief through court action. Under specific conditions, either the aggrieved celebration or the participant might select to have the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a respondent has actually dedicated a discriminatory housing act might enforce a civil charge of up to $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 period. If the dispute goes to federal court, the Attorney general of the United States will preserve the action on behalf of the aggrieved individual. The aggrieved person might join the action and may be awarded sensible lawyer 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 2 years after the prejudiced act took place or ended, or after a conciliation contract was breached, whichever takes place last, even if a problem had been filed with HUD, provided that an Administrative Law Judge has not yet started a hearing. A federal judge may grant whatever relief is necessary, including the award of actual and punitive damages, attorney fees and momentary or long-term injunctions.

The U.S. Attorney general of the United States might intervene in personal claims identified to be of public value.

Lawsuits in "Pattern or Practice" Cases

The U.S. Attorney General might initiate a civil suit in any federal district court if s/he has affordable cause to think that a person has taken part 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 suitable: a short-lived or irreversible 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 violation and as much as $100,000 for any subsequent infraction.

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