Fair Housing Laws and Their Impact on Residential Rentals in Maryland
Understanding fair housing laws is crucial for both landlords and tenants in Maryland. These laws play a significant role in ensuring that everyone has equal access to housing without discrimination. For renters and landlords alike, it is important to know how these laws function and what they mean for residential rentals in the state.
An Overview of Fair Housing Laws
Fair housing laws are designed to ensure that everyone has an equal opportunity to rent or buy housing without facing discrimination. These laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, and disability. They are founded on the federal Fair Housing Act of 1968, which was later expanded to include more protections. In Maryland, state laws go even further by banning discrimination based on marital status and sexual orientation. This means that landlords cannot refuse to rent to someone or treat them differently because of these protected characteristics. State Government Article 20-702 of the Annotated Code of Maryland outlines illegal forms of housing discrimination.
How Maryland Enforces Fair Housing Laws
In Maryland, the enforcement of fair housing laws is overseen by the Maryland Commission on Civil Rights. This agency is responsible for investigating complaints related to housing discrimination and ensuring compliance with both state and federal regulations. When a tenant or applicant believes they have been discriminated against, they can file a complaint with the MCCR.
Upon receiving a complaint, the MCCR launches an investigation to gather facts and determine whether discrimination has occurred. If there is sufficient evidence, the MCCR can take legal action to rectify the situation, which may include mediation, conciliation, or pursuing legal remedies. These actions aim to address the violation and prevent future occurrences.
In addition to the MCCR, the U.S. Department of Housing and Urban Development also plays a role in enforcing fair housing laws in Maryland. HUD works in partnership with the MCCR to monitor and promote fair housing practices. They provide additional resources and support to ensure that both state and federal laws are upheld.
Landlords and tenants alike should be aware that the MCCR and HUD are available to assist with any fair housing issues. Understanding the enforcement process can help both parties navigate disputes and ensure that housing practices remain fair and equitable for everyone involved.
Rights and Responsibilities of Renters and Landlords
Under fair housing laws, renters and landlords have clear rights and responsibilities to ensure a fair and equitable rental process. Renters are entitled to apply for and live in housing without facing discrimination based on race, color, national origin, religion, sex, familial status, disability, marital status, or sexual orientation. This means renters should expect equal treatment when it comes to rent amounts, lease terms, and access to amenities.
On the flip side, landlords must ensure they are following fair housing laws meticulously. They are required to treat all applicants equally, offering the same terms and conditions to everyone, regardless of their protected characteristics. Landlords must also be aware of their duty to provide reasonable accommodations for tenants with disabilities. This could include modifications to the rental property, such as installing ramps or allowing service animals, to ensure the home is accessible and livable for everyone.
By understanding and adhering to these rights and responsibilities, both renters and landlords can foster a more inclusive and fair housing environment. This knowledge helps in avoiding potential legal pitfalls and ensures that everyone is treated with the respect and fairness they deserve.
Common Fair Housing Violations in Residential Rentals
Despite the clear guidelines set by fair housing laws, violations still occur. Some common infractions include landlords advertising rental properties in a discriminatory manner, such as stating preferences for tenants of a particular race, gender, or family status. Refusing to make reasonable accommodations for tenants with disabilities, like installing ramps or allowing service animals, is another frequent violation.
Landlords may also treat tenants differently based on their protected characteristics, such as offering varied lease terms or conditions based on race or national origin, which is strictly prohibited. Landlords may respond to a tenant and say that a unit isn’t available when it actually is, simply because they do not want to rent to that specific tenant. It’s also against the law to refuse to rent to a qualified tenant. Tenants who face this discrimination may choose to reach out to a real estate attorney for further assistance.
