Laws against Housing Discrimination

Landlord - Tenant
Discrimination
Laws Against Housing Discrimination

Laws Against Housing Discrimination
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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 restricts discrimination in the rental, 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 impairment. Maryland and much of its regional jurisdictions have at least comparable laws, as well as extra securities.

The national policy versus housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are provisions in the Civil liberty 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 rental of residential or commercial property." Unlike the 1968 law, the 1866 law contains 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 contained in Title VIII of the Civil Liberty Act of 1968. It was modified in 1974 and once again in 1978. The Fair Housing Act restricts housing discrimination versus a person who falls in any of the following seven groups. Anyone dealt with unfairly because of: race, color, faith, national origin, sex, households with kids and individuals with disabilities (handicap). These seven groups are thought about "secured classes" under the Act and its modifications. "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 "considerably comparable" to the federal law. In two crucial aspects, Maryland offers more protection. First, Maryland broadens on the secured classes of the federal law. You can not be victimized since of your marital status, gender identification, sexual orientation, or income.

Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual orientation" suggests the recognition of a private as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to imply the gender related identity, appearance, expression, or habits of an individual, despite the individual's designated sex at birth. In addition, there is a limitation to the exemption for rooms or units in a dwelling in which the owner inhabits an unit as his/her principal residence. In Maryland, these owners might refuse someone based on sex, sexual preference, gender identity or marital status. However, they can not victimize someone due to the fact that of his/her race, color, faith, household status, nationwide origin, disability, or income.

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

Local jurisdictions (such as the counties or towns) also safeguard all of the groups covered by federal and state law and frequently consist of additional categories such as age (in Baltimore City, 18 or older), sexual choice, profession and source of earnings. See local law articles.

The Fair Housing Act makes it illegal 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 unavailable or deny any house