Laws Versus Housing Discrimination

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

Federal law prohibits discrimination in the rental, sale, marketing and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide origin, household status, i.e., pregnancy or having custody of a child under age 18 or special needs. Maryland and a number of its local jurisdictions have at least similar laws, along with 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 translated as restricting "all racial discrimination, private 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 limitation on the quantity of damages which can be granted to a complainant.

Who is Protected?

The federal Fair Housing Act is consisted of in Title VIII of the Civil Liberty Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act restricts housing discrimination versus an individual who falls in any of the following seven groups. Anyone treated unfairly because of: race, color, faith, nationwide origin, sex, families with kids and individuals with impairments (handicap). These seven groups are considered "safeguarded classes" under the Act and its changes. "Protected classes" imply 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 "considerably comparable" to the federal law. In 2 crucial respects, Maryland gives more defense. First, Maryland expands on the protected classes of the federal law. You can not be discriminated against due to the fact that of your marital status, gender identification, sexual orientation, or income.

Marital status is defined as "the state of being single, married, apart, separated or widowed." "Sexual orientation" suggests the recognition of an individual regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to mean the gender associated identity, appearance, expression, or habits of an individual, despite the individual's designated sex at birth. In addition, there is a limit to the exemption for spaces or units in a home in which the owner occupies a system as his/her primary house. In Maryland, these owners might deny someone based upon sex, sexual preference, gender identity or marital status. However, they can not victimize someone because of his/her race, color, faith, household status, nationwide 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 secure all of the groups covered by federal and state law and often include extra categories such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See local law posts.

The Fair Housing Act makes it illegal to devote any of the following acts against an individual who falls within any of the groups safeguarded by the law.

Sale or Rental of Residential Real Estate - Refuse to sell, rent or otherwise make unavailable or deny any dwelling