Laws Against Housing Discrimination
Topics on this page:
- 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
Fair Housing Act
The national policy against housing discrimination is established in the federal Fair Housing Act of 1968, which is part of Title VIII of the Civil Rights Act. The law prohibits discrimination in housing related activities, such as the rental, sale, advertising or financing of housing. The law prohibits discrimination against individuals in any of the following protected classes:
- Race
- Color
- Religion
- National origin
- Sex
- Disability
- Familial status ("Familial status" includes being pregnant or having custody of a child under the age of 18.)
Civil Rights Act of 1866
There are provisions in the Civil Rights Act of 1866 which prohibits “all racial discrimination, private as well as public, in the sale or rental of property.” Unlike the 1968 Civil Rights Act, the 1866 law contains no exceptions and no limit on damages a person can recover if their rights are violated.
Read the Law: The Fair Housing Act of 1968 (U.S. Code, Title 42 § 3601-3631)
Violence Against Women Act (VAWA)
The VAWA includes provisions that protect survivors of domestic violence, dating violence, sexual assault, and stalking from discrimination in federally assisted housing programs. VAWA applies to nearly all major federally assisted housing programs, including:
- Public Housing
- Housing Choice Vouchers (Section 8)
- Project-Based Section 8 housing
- Low-Income Housing Tax Credit (LIHTC) properties
- USDA Rural Development housing programs
- HOME, HOPWA, ESG, and Continuum of Care programs
Read the Law: U.S. Code, Title 34 § 12491(a)(3)
NOTE: VAWA does not apply to private, unsubsidized housing.
The VAWA provides survivors with the following:
Protection from Eviction or Denial of Housing
Survivors cannot be denied housing or evicted because of the abuse they have experienced. Housing providers may not consider incidents of domestic violence, dating violence, sexual assault, or stalking as serious or repeated lease violations or "good cause" for eviction.
Read the Law: U.S. Code, Title 34 § 12491(b)(3)(A)
Emergency Transfer to Another Unit
Survivors living in covered housing have the right to request a confidential emergency transfer to another unit if they fear for their safety, regardless of whether they have documentation of the abuse.
Read the Law: U.S. Code, Title 34 § 12491(e)
Right to Confidentiality
Any information submitted by a survivor to a public housing agency, property owner, or manager, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, must be kept confidential. The information may not be entered into any shared database or disclosed to any other entity or individual without consent or authority under the law.
Read the Law: U.S. Code, Title 34 § 12491(c)(4)
Ability to Remove or Evict an Abuser
A housing provider may “bifurcate” a lease. This means that a housing provider can remove or evict an abuser while allowing the survivor to remain in the unit, even if the abuser was the primary leaseholder.
Read the Law: U.S. Code, Title 34 § 12491(b)(3)(B)
Laws Prohibiting Discrimination in Housing and Community Development Programs
Several federal laws prohibit discrimination in programs and activities related to housing and community development, especially those receiving federal funds. These laws protect individuals from being excluded, denied benefits, or subjected to discrimination based on protected classes.
Civil Rights Act of 1964 – Title VI
- Protected Classes: Race, Color, National Origin
- Prohibits discrimination in any program or activity receiving federal financial assistance.
- Read the Law: U.S. Code, Title 42 § 2000d
Housing and Community Development Act of 1974 – Section 109
- Protected Classes: Race, Color, National Origin, Religion, Sex
- Applies specifically to programs and activities funded under the Housing and Community Development Act.
- Read the Law: U.S. Code, Title 42 § 5309
Rehabilitation Act of 1973 – Section 504
- Protected Class: Disability
- Prohibits discrimination based on disability in any program or activity receiving federal funds.
- Read the Law: U.S. Code, Title 29 § 794
Americans with Disabilities Act of 1990 (ADA) – Title II
- Protected Class: Disability
- Prohibits discrimination against individuals with disabilities by public entities, including housing and community development programs operated by state and local governments.
- Read the Law: U.S Code, Title 42 § 12132
Architectural Barriers Act of 1968
- Protected Class: Disability
- Requires that buildings and facilities designed, constructed, or altered with federal funds be accessible to persons with disabilities.
- Read the Law: U.S. Code, Title 42 §§ 4151- 4156
Age Discrimination Act of 1975
- Protected Class: Age
- Prohibits discrimination based on age in programs or activities receiving federal financial assistance.
- Read the Law: U.S. Code, Title 42 § 6102
State Law
Maryland, and many of its local jurisdictions, have laws similar to federal law, as well as providing additional protections. In two important respects, Maryland gives more protection.
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Expansion of Protected Classes
Maryland expands on the protected classes of the federal law. In addition to the protected classes of the federal law, under Maryland law an individual cannot be discriminated against because of their:
- Marital status: defined as “the state of being single, married, separated, divorced or widowed."
- Sexual orientation: the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality.
- Gender identity: defined to mean the gender related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth.
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Limit to Exemption for Rooms in Owner Occupied Dwellings
There is a limit to the exemption for rooms or units in a dwelling in which the owner occupies a unit as their principal residence. In Maryland, these owners may turn down someone based on sex, sexual orientation, gender identity or marital status. However, they cannot discriminate against someone because of their race, color, religion, family status, national origin, disability, 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 the groups covered by federal and state law. Some local jurisdictions include additional categories such as age (in Baltimore City, 18 or older), sexual preference, occupation and source of income. See local law articles.
What Is Prohibited?
The Fair Housing Act makes it unlawful to commit 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 sell, rent or otherwise make unavailable or deny any dwelling;
- Discriminate in the terms or conditions of sale or rental of a dwelling or in the provision of services or facilities. (NOTE: Single sex housing is permitted, as an exception to this prohibition, in situations where sharing of living areas is involved.); or,
- Indicate that housing is not available when, in fact, it is.
- Read the Law: U.S. Code, Title 42 § 3604(a), (b), & (d)
Advertising Residential Real Estate
- Make, print, publish or cause to be made, printed or published, a notice, statement or advertisement relating to the sale or rental of housing that indicates a preference, limitation or discrimination.
- Read the Law: U.S. Code, Title 42 § 3604(c)
Block Busting
- Persuade or attempt to persuade, for profit, a person to sell or rent a dwelling by making representations about the present or future entry into the neighborhood of one or more persons in a protected class.
- Read the Law: U.S. Code, Title 42 § 3604(e)
Loans and Other Financial Assistance
- Discriminate in the making or purchasing of loans or providing other financial assistance.
- Read the Law: U.S. Code, Title 42 § 3605(a)
Brokerage and Appraisal Services
- Discriminate in the brokering or appraisal of residential real estate.
- Read the Law: U.S. Code, Title 42 § 3605(b)
Participation in Real Estate Organizations
- Deny access to, or establish different terms and conditions for, membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting of dwellings.
- Read the Law: U.S. Code, Title 42 § 3606
Intimidation, Coercion and Threats
- Intimidate, coerce, threaten or interfere with a person in one of the protected classes in enjoyment of rights conferred by the Fair Housing Act.
- Read the Law: U.S. Code, Title 42 § 3617
Special Provisions for People with Disabilities
Definition of Disability
The Fair Housing Act defines disability (handicap) as:
- a physical or mental impairment that substantially limits one or more of a person’s major life activities,
- a record of having such an impairment, or
- being regarded as having such an impairment.
The law protects both the person with a disability and a person living with or intending to live with that person. It excludes people who are illegally using or addicted to drugs and other controlled substances.
Special Protections
In addition to providing people with disabilities all the protections against housing discrimination that are provided to members of the other six protected classes, the following provisions of the Fair Housing Act provide important additional protection.
Read the Law: U.S. Code, Title 42 § 3602
The prohibition against discriminating in the terms and conditions of sale or rental prohibits a landlord from asking any questions of a person with a disability than would be asked of any other applicant. A landlord may not, for example, inquire about the nature or severity of a person’s disability or ask whether that person can live alone.
Reasonable Accommodations
It is unlawful to refuse to make such reasonable changes in rules, policies, practices and services which may be necessary to afford a person with a disability an equal opportunity to enjoy and use a dwelling. These “reasonable accommodations” include such things as making an exception to a “no pets” policy for a person who needs a service animal and providing a reserved, designated parking place for a person with a mobility impairment.
Reasonable Modifications
It is unlawful to refuse to permit a person with a disability to make, at their own expense, such reasonable changes in the premises as may be necessary to permit use and enjoyment of the premises. “Reasonable modifications” include such things as installing grab bars to facilitate use of bathroom facilities or the widening of a doorway to accommodate a wheelchair.
Read the Law: U.S. Code, Title 42 § 3604
Full Accessibility of “New” Multi-Family Housing
Multi-family housing constructed for first occupancy after March 13, 1991 (i.e. buildings consisting of 4 or more units) must be fully accessible to people with disabilities. If a building has an elevator, all units must be accessible. If there is no elevator, only “ground floor” units must be accessible. “Accessible” means:
- There must be an accessible building entrance on an accessible route;
- Public and common use areas must be readily accessible to and usable by people with disabilities;
- All inside doors must be wide enough to accommodate a wheelchair;
- There must be an accessible route into and through the dwelling;
- Light switches, electrical outlets, thermostats and other environmental controls must be accessible;
- Bathroom walls must be reinforced to allow later installation of grab bars; and
- Kitchens and bathrooms must have enough space to permit maneuvering in a wheelchair.
Read the Law: U.S. Code, Title 42 § 3604(f)
Discrimination against Families with Children
As used in the Fair Housing Act, the term “familial status” (often called “families with children”) refers to a parent or another person having legal custody of one or more individuals under the age of 18 years. It refers also to a person who is pregnant or in the process of getting legal custody of a minor child.
Read the Law: U.S. Code, Title 42 § 3602(k)
Families with children enjoy the same protection against housing discrimination as other groups protected by the law. In only two instances does the law permit exceptions, These exceptions pertain to the following age-related housing:
- Housing intended for and occupied solely by people 62 years of age or older and
- Housing in which 80 percent of the units are intended for and occupied by at least one person who is 55 years of age or older
The exceptions mean that these housing types do not need to comply with the law’s familial status provisions.
Read the Law: U.S. Code, Title 42 § 3607
Discrimination against families with children manifests itself in many ways, the most common of which are in advertising. For example, advertising may indicate that rentals are for “no children” or “adults only” or may include restrictive occupancy standards that unreasonably limit the number of children who may occupy a given space and attempt to steer families with children to separate buildings or parts of buildings.
Exemptions to the Fair Housing Act
There are 4 exemptions to the Fair Housing Act. They are:
- A single-family house sold or rented by the owner. This exemption applies if:
- the owner does not own more than three such single family houses at one time and
- the sale or rental is not advertised in a discriminatory manner and
- the sale or rental is done without the services of a real estate agent, broker or sales person.
- the seller does not live in the house at the time of the rental or sale, or was not the most recent resident at the time of the rental or sale, only one sale of such a single-family house within any 24-month period is exempted.
- Dwelling units or rooms in a building of 4 or fewer units
- This exemption only applies if the owner of the building occupies one of the units as their residence
- Dwelling owned or operated by a religious organization, or by a nonprofit organization owned or controlled by a religious organization which limits or gives preference in the sale, rental or occupancy to persons of the same religion
- This exception applies provided membership in the religion is not restricted based on race, color or national origin.
- Lodging owned or operated by a private club as an incident to its primary purpose and not operated for a commercial purpose.
- Club members may be given preference, or occupancy may be limited to members, provided club membership is open to all without regard to race, color, religion, etc.
Read the Law: U.S. Code, Title 42 §§ 3603, 3604, 3607
Enforcement Provisions and Penalties for Violations of the Law
State Law
The Maryland Commission on Civil Rights has the responsibility of enforcing discrimination laws. The Commission investigates allegations of housing discrimination and works to resolve the problem. Information on filing a complaint and the investigative process are available on the Commission's website.
Victims of housing discrimination may also file a lawsuit with the appropriate state court.
Read the Law: Md. Code, State Government, § 20-702
Federal Law
HUD Administrative Complaints
A person who believes that they have been the victim of housing discrimination may file a written complaint with the Secretary of the Department of Housing and Urban Development (HUD). The complaint must be filed within one year after the discriminatory act occurred. The Secretary must inform the complainant of the choice of forums for resolving the dispute and if the state or local jurisdiction has a public agency certified to handle such complaints, the Secretary must refer the complaint to that agency.
The Secretary will try to mediate the dispute and reach an agreement with the parties. If necessary, the Secretary may ask the Attorney General to seek temporary relief through court action. Under certain conditions, either the aggrieved party or the respondent may choose to have the dispute heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who finds that a respondent has committed a discriminatory housing act may impose a civil penalty of up to $10,000 for a first offense, up to $25,000 for a second offense within a five-year period, and up to $50,000 for a third offense within a seven-year period. If the dispute goes to federal court, the Attorney General will maintain the action on behalf of the aggrieved person. The aggrieved person may join the action and may be awarded reasonable attorney fees.
Learn more about HUD complaints.
Private Lawsuits
A person who believes that they has been the victim of housing discrimination may file a civil action in the United States District Court or State Court within 2 years after the discriminatory act occurred or ended, or after a conciliation agreement was breached, whichever occurs last. A civil action can be filed even if a complaint had been filed with HUD, provided that an Administrative Law Judge has not yet begun a hearing. A federal judge may grant whatever relief is necessary, including the award of actual and punitive damages, attorney fees and temporary or permanent injunctions.
The U.S. Attorney General may intervene in private lawsuits determined to be of public importance.
Lawsuits in “Pattern or Practice” Cases
The U.S. Attorney General may initiate a civil suit in any federal district court if they haves reasonable cause to believe that a person has engaged in a “pattern or practice” of housing discrimination.
In any suit brought by the Attorney General, whether on their own initiative or by referral from the Secretary of HUD, the judge may award whatever relief is appropriate. The judge may award:
- a temporary or permanent injunction or other order,
- reasonable attorney fees and costs,
- money damages to any aggrieved person and “to vindicate the public interest”,
- a civil penalty of up to $50,000 for the first violation and up to $100,000 for any subsequent violation.