GREATER BALTIMORE
COMMUNITY HOUSING
RESOURCE BOARD
A SELF-HELP GUIDE to HOUSING in CARROLL COUNTY by GREATER BALTIMORE COMMUNITY HOUSING RESOURCE BOARD, INC. P. O. Box 66180, Baltimore, Maryland 21239 & CARROLL COUNTY COMMUNITY HOUSING RESOURCE BOARD, INC. Westminster, Maryland 21157
Copyright, 2005 ***** TABLE OF CONTENTS WHAT IS THE HOUSING DISCRIMINATION LAW?
HOW TO FILE A HOUSING DISCRIMINATION COMPLAINT
FAIR HOUSING LAW REGARDING PEOPLE WITH DISABILITIES
INFORMATION ABOUT HOUSING
***** WHAT IS THE HOUSING DISCRIMINATION LAW?
Title 14, Subtitle 03, Chapter 4 (14.03.04) of the Code of Maryland Regulations prohibits housing discrimination in the State based on: Color, Race, Sex, Age, National Origin, Marital Status, Religion, Mental Disability, Physical Disability, and Familial Status. Specifically, it is against the law to: (9) Discourage or obstruct housing choice by community, neighborhood,
or development.
These types of housing are exempt from the Fair Housing Law: • Rooms/units in owner-occupied dwellings for five or fewer
families living independently.
Does the Law Cover Condominiums? Yes. Does the Law apply to buildings built with Federal funds? Can a landlord ask about the usage of birth control devices?
A person who feels that they are a victim of housing discrimination may file a complaint with the Maryland Commission on Civil Rights (MCCR) or with the U. S. Department of Housing & Urban Development (HUD). A person simultaneously may file a complaint with the State and with HUD.
The first step in filing a housing discrimination complaint is to contact the MCCR. Someone who feels that s/he is the victim of housing discrimination (called the "Complainant") may either telephone or write the MCCR within one year of the incident. The MCCR's telephone numbers are: 800-637-6247 or 410-767-8600, and its offices are located at 6 St. Paul Street, 9th Floor, Baltimore, Maryland 21202. The TDD number is 410-333-1737. Upon contact, the MCCR staffer will set up an appointment with the Complainant to obtain more information about the complaint.
As soon as MCCR obtains all the information about the incident from the Complainant, it contacts and gets relevant information from the person who is the subject of the complaint (called the "Respondent"). The MCCR makes this fact-finding process as quickly as possible. This process is quickened if the situation demands immediate action (e.g., the Complainant is subject to immediate threat or harm). The MCHR will inform the Complainant and the Respondent in writing of its decision of whether discrimination has occurred, and it then will enforce corrective remedies.
The MCCR can order a Respondent to make a financial payment and/or many other actions to remedy a proven discrimination problem. For example, it can issue a temporary restraining order to keep a housing unit on the market in certain circumstances. The MCCR's administrative penalties can be very costly to the person or company adjudged to be guilty of housing discrimination: (1) $10,000 fine, if the person/company has committed one prior discriminatory practice. (2) $25,000 fine, if the person/company has committed one prior discriminatory practice within the past 5 years. (3) $50,000 fine, if the person/company has committed two or more practices within the past 7 years. The MCCR also can negotiate other remedies as agreed between its legal counsel, the Complainant, and the Respondent; these may include actual damages and "equitable relief" in addition to the monetary fine.
The State of Maryland is committed to ensuring that a person who makes a complaint or who supports a complaint by another not be the victim of retaliation. It is illegal to retaliate against a Complainant or someone who aids that person. The State, therefore, will prosecute immediately such action if it does occur. It is Against the Law to Intimidate It also is illegal to threaten or intimidate someone who has filed a discrimination complaint. For example, it is illegal to: (1) Threaten an employee with dismissal because of filing a complaint. (2) Intimidate or threaten someone who has won a discrimination complaint. (3) Harass someone who has assisted another in filing a discrimination complaint. For example, it is illegal to threaten someone with bodily harm who has filed a discrimination complaint. Harassing that person, by swearing and physical threats, is against the law. HUD's complaint process is similar to that of the State. You can: · Write HUD a letter to: Office of Fair Housing and Equal
Opportunity, U. S. Department of Housing and Urban Development,
451 Seventh Street, S. W., Room 5204, · Telephone the Maryland HUD Office during regular business workdays (Monday-Friday, 8:30 a.m. - 5:00 p.m.) at 410-962-2520. · Telephone HUD's toll-free hot-line: 800-669-9777. Appropriate assistance also is available for persons with disabilities. A complaint should be filed as soon as possible, but within one year of its occurrence. For persons with disabilities, HUD also provides: (1) TDD line for hearing-impaired: 410-962-0106. (2) Toll-free TDD line: 800-927-9275. (3) Interpreters; Tapes and Braille materials. (4) Assistance in reading and completing forms.
HOUSING DISCRIMINATION LAW FOR PEOPLE WITH DISABILITIES Definition of “Disability” Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) and the Fair Housing Act, as amended in 1988 by the Fair Housing Amendments Act (42 U.S.C. Section 3601 et. seq.) define an individual with disabilities (or handicaps) as: "Any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment." These conditions are considered as disabilities under the Law: Cerebral palsy, Autism, Epilepsy, Muscular dystrophy, Multiple sclerosis, Cancer, Heart disease, Diabetes, Alcoholism, Mental retardation, Emotional illness, Drug addiction, Human Immunodeficiency Virus infection, Orthopedic, visual, speech, and hearing impairments.
Architectural Barriers Act of 1968 (42 U.S.C. 4151) Rehabilitation Act of 1973 (29 U.S.C. 794) Fair Housing Amendments Act of 1988 (42 U.S.C. 3601) Americans with Disabilities Act of 1990
(a) To refuse to permit, at the request of a person with disabilities, reasonable modifications if necessary to allow this person full usage of the dwelling. (b) To construct a new housing complex that does not include accessible structure and design standards. (c) To refuse to make reasonable accommodation in rules, policies, services, or practices, when necessary to allow a person with disabilities an equal opportunity to use and enjoy the housing. Some examples are: (1) A building with a "no pets" policy must allow a visually-impaired tenant to keep a guide dog. (2) An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near his/her apartment, if necessary to assure that he/she can have access to the apartment.
In buildings that were ready for first occupancy after March 13,
1991, and have an elevator and four or more units: (1) Public and
common areas must be accessible to persons with disabilities. (2)
Doors and hallways must be wide enough for wheelchairs. If a building with 4 or more housing units has no elevator and had first occupancy after March 13, 1991, these standards apply to ground floor units only. These requirements do not replace more stringent standards in Maryland or Worcester County law. Housing need not be made available to a person who is a direct threat to the health or safety of others, or who currently uses illegal drugs.
What must a housing provider consider to assure that housing is
provided is integrated? Does the Law apply to building built without Federal funds? What about communication with persons with disabilities? What is the Law regarding the cost of housing modifications? What about information given during the application process? Can a provider make the ability to live independently a term or
FOR MORE INFORMATION Greater Baltimore C. H. R. B. Maryland Commission on Civil Rights
FINDING HOUSING • A prospective buyer should receive counseling from a housing
counseling agency. AFFORDABLE HOUSING Carroll County Housing & Community Development Bureau Interfaith Housing Alliance
First Call for Help Homeless Persons Representation Project
The IMAGE Center Governor’s Office for Individuals with Disabilities Maryland RELAY - 711
American Civil Liberties Union Baltimore Neighborhoods, Inc. - Tenant-Landlord Counseling. Greater Baltimore C. H. R. B. Legal Aid Bureau Maryland Legal Line Maryland Volunteer Lawyers Service |