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Laws against Housing Discrimination
Floy Serrato edited this page 4 days ago
- 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, religion, gender, national origin, family status, i.e., pregnancy or having custody of a child under age 18 or special needs. Maryland and a lot of its local jurisdictions have at least similar laws, along with additional securities.
The nationwide policy versus housing discrimination is specified 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 prohibiting "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 contains 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 modified in 1974 and once again in 1978. The Fair Housing Act restricts housing discrimination versus an individual who falls in any of the following 7 groups. Anyone dealt with unfairly due to the fact that of: race, color, faith, nationwide origin, sex, households with kids and individuals with disabilities (handicap). These seven groups are thought about "protected classes" under the Act and its modifications. "Protected classes" suggest 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 said that Maryland's law is "considerably equivalent" to the federal law. In 2 crucial respects, Maryland provides more security. First, Maryland broadens on the protected classes of the federal law. You can not be discriminated versus 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 regarding male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to suggest the gender related identity, appearance, expression, or behavior of an individual, no matter the individual's assigned sex at birth. In addition, there is a limitation to the exemption for rooms or systems in a dwelling in which the owner inhabits an unit as his/her principal residence. In Maryland, these owners might refuse somebody based upon sex, sexual preference, gender identity or marital status. However, they can not victimize someone since of his/her race, color, faith, family status, nationwide origin, disability, or income source.
Read the Law: Md. Code, State Government, § 20-101, 20-704, 20-705
Local jurisdictions (such as the counties or towns) likewise secure all of the groups covered by federal and state law and typically consist of extra categories such as age (in Baltimore City, 18 or older), sexual choice, occupation and income. See regional law short articles.
The Fair Housing Act makes it illegal to dedicate any of the following acts against an individual who falls within any of the groups safeguarded by the law.
Sale or Rental of Residential Real Estate - Refuse to offer, lease or otherwise make not available or reject any dwelling