Laws against Housing Discrimination

Landlord - Tenant
Discrimination
Laws Against Housing Discrimination

Laws Against Housing Discrimination
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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 leasing, sale, advertising and funding of housing on the basis of your race, color, religion, 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 local jurisdictions have at least similar laws, along with extra defenses.

The nationwide policy versus 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 interpreted as restricting "all racial discrimination, private in addition to 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 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 against a person who falls in any of the following 7 groups. Anyone dealt with unfairly since of: race, color, faith, nationwide origin, sex, households with kids and individuals with specials needs (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 "significantly equivalent" to the federal law. In 2 essential aspects, Maryland offers more security. First, Maryland broadens on the secured classes of the federal law. You can not be victimized because of your marital status, gender recognition, sexual preference, or income.

Marital status is defined as "the state of being single, married, separated, divorced or widowed." "Sexual preference" means the identification 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, regardless of the person's appointed sex at birth. In addition, there is a limitation to the exemption for spaces or units in a residence in which the owner occupies an unit as his/her principal house. In Maryland, these owners may turn down somebody based upon sex, sexual preference, gender identity or marital status. However, they can not victimize somebody since of his/her race, color, religious beliefs, household status, national origin, impairment, or income.

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 typically consist of extra classifications such as age (in Baltimore City, 18 or older), sexual choice, occupation and source of income. See local law posts.

The Fair Housing Act makes it unlawful to commit 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 offer, rent or otherwise make unavailable or deny any residence