Laws Versus 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 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, marketing and financing of housing on the basis of your race, color, religious beliefs, gender, nationwide origin, household status, i.e., pregnancy or having custody of a kid under age 18 or impairment. Maryland and a lot of its regional jurisdictions have at least similar laws, as well as additional protections.

The national policy against housing discrimination is defined in the federal Fair Housing Act of 1968. In addition, there are provisions in the Civil liberty Act of 1866 which the Supreme Court of the United States has actually interpreted as prohibiting "all racial discrimination, personal along with 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 quantity of damages which can be awarded to a complainant.

Who is Protected?

The federal Fair Housing Act is contained in Title VIII of the Civil Liberty Act of 1968. It was amended in 1974 and 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, religious beliefs, national origin, sex, families with kids and individuals with disabilities (handicap). These 7 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 stated that Maryland's law is "substantially equivalent" to the federal law. In two essential respects, Maryland provides more protection. First, Maryland broadens on the secured classes of the federal law. You can not be victimized since of your marital status, gender recognition, sexual orientation, or income.

Marital status is defined as "the state of being single, married, separated, divorced or widowed." "Sexual orientation" implies the identification of a private as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to imply the gender associated identity, look, expression, or habits of a person, despite the person's appointed sex at birth. In addition, there is a limitation to the exemption for rooms or units in a residence in which the owner inhabits an unit as his/her principal home. In Maryland, these owners might turn down someone based on sex, sexual preference, gender identity or marital status. However, they can not discriminate versus somebody since of his/her race, color, religion, household status, 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 protect all of the groups covered by federal and state law and often consist of additional categories such as age (in Baltimore City, 18 or older), sexual preference, profession and income source. See local law posts.

The Fair Housing Act makes it illegal 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 sell, lease or otherwise make unavailable or reject any dwelling