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 restricts discrimination in the leasing, sale, marketing and funding 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 much of its regional jurisdictions have at least similar laws, as well as extra securities.

The national policy against housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are arrangements in the Civil liberty Act of 1866 which the Supreme Court of the United States has analyzed as forbiding "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 contains 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 included in Title VIII of the Civil Rights 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 treated unfairly because of: race, color, religion, nationwide origin, sex, families with children and people with disabilities (handicap). These 7 groups are considered "secured classes" under the Act and its modifications. "Protected classes" imply 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 2 crucial aspects, Maryland gives more defense. 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 recognition, sexual orientation, or income source.

Marital status is defined as "the state of being single, married, apart, divorced or widowed." "Sexual orientation" means the recognition of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to indicate the gender related identity, look, expression, or habits of an individual, regardless of the individual's appointed sex at birth. In addition, there is a limitation to the exemption for spaces or units in a dwelling in which the owner occupies an unit as his/her principal home. In Maryland, these owners may decline someone based upon sex, sexual orientation, gender identity or marital status. However, they can not discriminate versus somebody since of his/her race, color, religion, 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 secure all of the groups covered by federal and state law and frequently include extra 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 against a person who falls within any of the groups protected by the law.

Sale or Rental of Residential Real Estate - Refuse to sell, rent or otherwise make not available or reject any home