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

Federal law restricts discrimination in the leasing, sale, marketing and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide 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, in addition to extra defenses.
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The nationwide policy versus 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 analyzed as prohibiting "all racial discrimination, private as well as public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law consists of no exceptions and no limit on the quantity of damages which can be granted to a plaintiff.
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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 once again in 1978. The Fair Housing Act prohibits housing discrimination versus an individual who falls in any of the following 7 groups. Anyone dealt with unfairly due to the fact that of: race, color, faith, national origin, sex, families with kids and people with impairments (handicap). These seven groups are thought about "safeguarded classes" under the Act and its changes. "Protected classes" mean 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 actually stated that Maryland's law is "considerably equivalent" to the federal law. In two essential aspects, Maryland offers more security. First, Maryland broadens 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 source of income.

Marital status is defined as "the state of being single, married, separated, divorced or widowed." "Sexual orientation" implies the recognition of a specific as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to imply the gender associated identity, look, expression, or habits of a person, regardless of the individual's assigned sex at birth. In addition, there is a limitation to the exemption for spaces or systems in a dwelling in which the owner occupies a system as his/her primary house. In Maryland, these owners might turn down somebody based upon sex, sexual orientation, gender identity or marital status. However, they can not victimize someone due to the fact that of his/her race, color, religious beliefs, household status, nationwide 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) also safeguard all of the groups covered by federal and state law and typically include additional classifications such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See regional law articles.

The Fair Housing Act makes it unlawful to dedicate any of the following acts against an individual who falls within any of the groups secured by the law.

Sale or Rental of Residential Real Estate - Refuse to offer, lease or otherwise make unavailable or deny any house