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Discrimination
Laws Against Housing Discrimination
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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 restricts discrimination in the rental, sale, advertising and financing of housing on the basis of your race, color, faith, gender, national origin, household status, i.e., pregnancy or having custody of a child under age 18 or impairment. Maryland and much of its local jurisdictions have at least comparable laws, along with additional defenses.

The national policy against housing discrimination is defined 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 actually interpreted as forbiding "all racial discrimination, private as well as 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 seven groups. Anyone treated unjustly because of: race, color, religious beliefs, national origin, sex, families with kids and people with impairments (handicap). These 7 groups are thought about "protected classes" under the Act and its modifications. "Protected classes" mean 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 "substantially equivalent" to the federal law. In two essential respects, Maryland gives 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 source.

Marital status is defined as "the state of being single, married, separated, separated or widowed." "Sexual orientation" means the identification of a specific regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is defined to imply the gender associated identity, look, expression, or habits of a person, regardless of the individual's assigned sex at birth. In addition, there is a limit to the exemption for spaces or systems in a residence in which the owner occupies an unit as his/her primary residence. In Maryland, these owners might turn down someone based upon sex, sexual orientation, gender identity or marital status. However, they can not victimize somebody due to the fact that of his/her race, color, religious beliefs, family status, national origin, disability, or source of earnings.

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 frequently include extra classifications 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 devote 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 not available or deny any house