Fair Housing Defined

The Federal Fair Housing Law is administered by the US Department of Housing and Urban Development (HUD). The Federal Fair Housing Act makes it unlawful to discriminate in the sale, rental and financing of housing and the provision of brokerage and appraisal services based on: Race, color, religion, sex, handicap, familial status or national origin.

Furthermore, in Howard County, Maryland it is also against the law to discriminate in the sale or rental of housing on the basis of: Creed, physical disability, mental disability, age, occupation, marital status, political opinion, sexual orientation, personal appearance or source of income.

Federally Protected Classes

Race:
A local geographic or global human population distinguished as a more or less distinct group by genetically transmitted physical characteristics; any group of people united or classified together on the basis of common history, nationality, or geographical distribution; mankind as a whole. For Section 1982 litigation in fair housing, race has been expanded to mean those persons not considered white in the year 1866.

Religion:
The expression of one's belief in and/or reverence for a supernatural power(s) regarded as the creator and/or governor of the universe; or lack thereof.

Color:
The complexion of a person's skin; usually refers only to skin color or pigmentation of a person not categorized as white.

Sex:
The condition or character of being male or female; the physiological, functional, and psychological differences that distinguish the male and female.

National Origin:
Characteristic of or peculiar to the people of a nation; of or relating to ancestral beginnings.

Handicap:
A person who (1) has a physical or mental impairment (including, but not limited to, hearing mobility, visual impairments, chronic alcoholism, chronic mental illness, AIDS and AIDS related complex, and mental retardation) that substantially limits one or more major life activities; (2) has a record of such an impairment, or (3) is regarded as having such an impairment. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing hearing, speaking, breathing, learning and working.

Familial Status:
This makes it illegal to deny housing to persons with children, such as adults-only communities, excepting those communities which meet the standards for housing for the elderly. Children include individuals under 18, living with a parent or legal guardian, or with a designee having written custody as well as persons who are pregnant or in the process of securing legal custody.

Examples of Discriminatory Behavior:

• Blockbusting
• Steering
• Unsolicited Remarks
• Indifference of Service Providers
• Unequal Education of Prospective Buyers and Tenants
• Differing Availability, Prices, Rents, Incentives, Financing & Insurance
• Cultural Perceptions
• Actions which "have the effect" of denying housing to protected classes

Other Fair Housing Definitions

Dwelling:
Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families and any vacant land which offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

It covers cooperatives, time-shares, condominiums, mobile home parks, foster care facilities and all other residential property.