Laws Versus Housing Discrimination
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  1. Landlord - Tenant
  2. Discrimination
  3. 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, advertising 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 child under age 18 or special needs. Maryland and many of its regional jurisdictions have at least comparable laws, in addition to extra securities.

    The national policy versus housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are arrangements in the Civil Rights Act of 1866 which the Supreme Court of the United States has translated as forbiding "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 limitation on the amount of damages which can be granted to a plaintiff.

    Who is Protected?

    The federal Fair Housing Act is included 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 against an individual who falls in any of the following 7 groups. Anyone treated unfairly since of: race, color, religion, national origin, sex, households with children and people with specials needs (handicap). These 7 groups are thought about "protected classes" under the Act and its changes. "Protected classes" suggest 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 stated that Maryland's law is "considerably equivalent" to the federal law. In two essential aspects, Maryland offers more defense. First, Maryland expands on the safeguarded classes of the federal law. You can not be discriminated versus because of your marital status, gender identification, sexual orientation, or income.

    Marital status is specified as "the state of being single, married, apart, divorced or widowed." "Sexual preference" indicates the recognition of a specific as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to imply the gender related identity, look, expression, or habits of an individual, regardless of 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 occupies a system as his/her primary house. In Maryland, these owners might decline someone based on sex, sexual preference, gender identity or marital status. However, they can not discriminate versus somebody because of his/her race, color, religious beliefs, family status, national origin, special needs, 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) likewise 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 source of income. See regional law posts.

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

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