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 prohibits discrimination in the leasing, sale, advertising and funding of housing on the basis of your race, color, religious beliefs, gender, national origin, household status, i.e., pregnancy or having custody of a kid under age 18 or disability. Maryland and much of its local jurisdictions have at least comparable laws, along with extra defenses.

The national policy versus 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 translated as forbiding "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 consists of no exceptions and no limit on the amount of damages which can be granted to a plaintiff.

Who is Protected?

The federal Fair Housing Act is included 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 seven groups. Anyone treated unjustly because of: race, color, religion, national origin, sex, families with children and individuals with specials needs (handicap). These 7 groups are thought about "safeguarded classes" under the Act and its amendments. "Protected classes" indicate 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 2 essential aspects, Maryland offers more defense. First, Maryland expands on the protected classes of the federal law. You can not be victimized due to the fact that of your marital status, gender identification, sexual orientation, or income.

Marital status is specified as "the state of being single, married, separated, separated or widowed." "Sexual orientation" suggests the recognition of a specific as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to indicate the gender associated identity, appearance, expression, or behavior of a person, despite the person's designated sex at birth. In addition, there is a limitation to the exemption for spaces or systems in a house in which the owner occupies an unit as his/her primary home. In Maryland, these owners may decline someone based on sex, sexual orientation, gender identity or marital status. However, they can not discriminate versus someone since of his/her race, color, religion, family status, national origin, impairment, 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 safeguard all of the groups covered by federal and state law and typically consist of additional classifications such as age (in Baltimore City, 18 or older), sexual choice, profession and source of earnings. See regional law short articles.

The Fair Housing Act makes it illegal to dedicate any of the following acts versus a person who falls within any of the groups secured by the law.

Sale or Rental of Residential Real Estate - Refuse to offer, lease or otherwise make not available or deny any home