Laws against 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 rental, sale, advertising and funding of housing on the basis of your race, color, beliefs, gender, national origin, family status, i.e., pregnancy or having custody of a kid under age 18 or disability. Maryland and numerous of its regional jurisdictions have at least comparable laws, as well as additional protections.

The nationwide 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 actually analyzed as forbiding "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 consists of 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 consisted of in Title VIII of the Civil Liberty Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act prohibits housing discrimination against an individual who falls in any of the following 7 groups. Anyone dealt with unjustly because of: race, color, religious beliefs, nationwide origin, sex, families with kids and individuals with specials needs (handicap). These 7 groups are thought about "secured classes" under the Act and its changes. "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 equivalent" to the federal law. In 2 essential respects, Maryland gives more security. First, Maryland expands on the protected classes of the federal law. You can not be discriminated versus since of your marital status, gender identification, sexual preference, or source of earnings.

Marital status is specified as "the state of being single, married, separated, divorced or widowed." "Sexual preference" suggests the identification of a private regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to imply the gender associated identity, look, expression, or behavior of an individual, despite the individual's appointed sex at birth. In addition, there is a limit to the exemption for spaces or systems in a home in which the owner occupies an unit as his/her principal residence. In Maryland, these owners may turn down someone based upon sex, sexual preference, gender identity or marital status. However, they can not discriminate versus someone since of his/her race, color, religious beliefs, household status, nationwide origin, special needs, 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 often include extra classifications such as age (in Baltimore City, 18 or older), sexual preference, profession and source of income. See regional law posts.

The Fair Housing Act makes it illegal to dedicate any of the following acts against an individual 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 deny any house