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 against Families with Children Exemptions to the Fair Housing Act Enforcement Provisions and Penalties for Violations of the Law

Federal law forbids discrimination in the leasing, sale, advertising and financing of housing on the basis of your race, color, religion, gender, national origin, family status, i.e., pregnancy or having custody of a kid under age 18 or special needs. Maryland and numerous of its regional jurisdictions have at least similar laws, in addition to additional securities.

The national policy against housing discrimination is defined 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 translated as prohibiting "all racial discrimination, personal in addition to public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law includes 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 Liberty Act of 1968. It was amended in 1974 and once again in 1978. The Fair Housing Act prohibits housing discrimination versus an individual who falls in any of the following 7 groups. Anyone treated unfairly due to the fact that of: race, color, religious beliefs, nationwide origin, sex, households with children and individuals with disabilities (handicap). These 7 groups are thought about "secured classes" under the Act and its amendments. "Protected classes" indicate 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 stated that Maryland's law is "substantially comparable" to the federal law. In 2 crucial aspects, Maryland gives more defense. First, Maryland broadens on the safeguarded classes of the federal law. You can not be discriminated versus since of your marital status, gender recognition, sexual preference, or income.

Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual orientation" suggests the identification of a private regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to suggest the gender associated identity, look, expression, or behavior of a person, despite the person's designated sex at birth. In addition, there is a limit to the exemption for rooms or units in a residence in which the owner occupies a system as his/her primary residence. In Maryland, these owners may reject someone based upon sex, sexual orientation, gender identity or marital status. However, they can not discriminate against someone because of his/her race, color, religious beliefs, household status, national origin, disability, or income source.

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 orientation, occupation and source of income. See local law short articles.

The Fair Housing Act makes it illegal to commit 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, lease or otherwise make unavailable or deny any dwelling