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, faith, gender, national origin, household status, i.e., pregnancy or having custody of a child under age 18 or disability. Maryland and a lot of its local jurisdictions have at least similar laws, in addition to extra securities.

The national 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 analyzed as restricting "all racial discrimination, personal as well as 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 amount 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 Rights Act of 1968. It was modified in 1974 and again in 1978. The Fair Housing Act forbids housing discrimination against a person who falls in any of the following seven groups. Anyone dealt with unjustly due to the fact that of: race, color, religion, nationwide origin, sex, families with children and individuals with specials needs (handicap). These seven groups are considered "secured classes" under the Act and its amendments. "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 said that Maryland's law is "significantly comparable" to the federal law. In 2 important respects, Maryland gives more protection. First, Maryland expands on the secured classes of the federal law. You can not be discriminated versus due to the fact that 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" implies the recognition of a specific as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to suggest the gender associated identity, look, expression, or habits of a person, no matter the person's appointed sex at birth. In addition, there is a limit to the exemption for spaces or units in a house in which the owner occupies a system as his/her principal home. In Maryland, these owners may deny someone based on sex, sexual preference, gender identity or marital status. However, they can not discriminate against somebody because of his/her race, color, religion, household status, 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 protect all of the groups covered by federal and state law and frequently consist of additional classifications such as age (in Baltimore City, 18 or older), sexual orientation, profession and income source. See local law articles.

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

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