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, advertising and financing of housing on the basis of your race, color, faith, gender, nationwide origin, household status, i.e., pregnancy or having custody of a child under age 18 or special needs. Maryland and much of its regional jurisdictions have at least comparable laws, along with extra securities.

The nationwide policy against housing discrimination is specified in the federal Fair Housing Act of 1968. In addition, there are arrangements in the Civil Rights Act of 1866 which the Supreme Court of the United States has interpreted as restricting "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 limit on the quantity of damages which can be awarded to a plaintiff.

Who is Protected?

The federal Fair Housing Act is consisted of in Title VIII of the Civil Liberty Act of 1968. It was modified 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 dealt with unjustly due to the fact that of: race, color, faith, nationwide origin, sex, households with kids and people with specials needs (handicap). These 7 groups are thought about "protected classes" under the Act and its amendments. "Protected classes" suggest 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 "significantly equivalent" to the federal law. In two crucial respects, Maryland provides more protection. First, Maryland broadens on the safeguarded classes of the federal law. You can not be because of your marital status, gender recognition, sexual orientation, or income.

Marital status is specified as "the state of being single, married, apart, separated or widowed." "Sexual preference" indicates the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to mean the gender related identity, look, expression, or habits of an individual, regardless of the person's designated sex at birth. In addition, there is a limitation to the exemption for rooms or systems in a home in which the owner occupies an unit as his/her principal home. In Maryland, these owners might deny someone based on sex, sexual orientation, gender identity or marital status. However, they can not discriminate against somebody since of his/her race, color, religious beliefs, family status, national origin, impairment, or source of income.

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 often consist of additional categories such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See regional law articles.

The Fair Housing Act makes it unlawful to devote 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, lease or otherwise make not available or reject any house