Laws against Housing Discrimination

Landlord - Tenant
Discrimination
Laws Against Housing Discrimination
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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 restricts discrimination in the rental, sale, advertising and financing of housing on the basis of your race, color, faith, gender, nationwide origin, household status, i.e., pregnancy or having custody of a child under age 18 or special needs. Maryland and many of its regional jurisdictions have at least comparable laws, along with extra 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 liberty Act of 1866 which the Supreme Court of the United States has actually analyzed as prohibiting "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 limit on the quantity of damages which can be granted to a complainant.

Who is Protected?

The federal Fair Housing Act is included in Title VIII of the Civil Liberty Act of 1968. It was modified in 1974 and once again in 1978. The Fair Housing Act prohibits housing discrimination against an individual who falls in any of the following seven groups. Anyone treated unfairly because of: race, color, faith, nationwide origin, sex, households with children and individuals with disabilities (handicap). These seven groups are thought about "protected classes" under the Act and its amendments. "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 said that Maryland's law is "considerably equivalent" to the federal law. In 2 important respects, Maryland gives more security. First, Maryland broadens on the safeguarded classes of the federal law. You can not be victimized 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" means the identification of a private regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to mean the gender associated identity, look, expression, or habits of an individual, despite the individual's designated sex at birth. In addition, there is a limitation to the exemption for spaces or units in a home in which the owner inhabits a system as his/her principal home. In Maryland, these owners may reject somebody based upon sex, sexual preference, gender identity or marital status. However, they can not discriminate against someone since of his/her race, color, religion, family status, national origin, disability, or source of earnings.

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 often consist of extra categories such as age (in Baltimore City, 18 or older), sexual preference, occupation and income source. See local law articles.

The Fair Housing Act makes it illegal to dedicate any of the following acts against 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 home