GREATER BALTIMORE
COMMUNITY HOUSING
RESOURCE BOARD
A
SELF-HELP GUIDE TO FAIR HOUSING GREATER BALTIMORE COMMUNITY HOUSING RESOURCE BOARD, INC. September, 2003
TABLE OF CONTENTS PART A. FAIR HOUSING IN BALTIMORE COUNTY I. UNLAWFUL HOUSING ACTS
II. HOW TO FILE A COMPLAINT
PART B. FAIR HOUSING ORGANIZATIONS
I. Baltimore County Human Relations Commission I. UNLAWFUL HOUSING ACTS A. INTRODUCTION The first section of this part details unlawful housing acts and relevant regulations in Baltimore County. The second section tells how to file a complaint of housing discrimination. B. UNLAWFUL HOUSING ACTS IN BALTIMORE COUNTY 1. Definition and Enforcement of County Law The
Baltimore County Human Relations Commission has the authority and
responsibility of enforcing Title 19 of the Baltimore County Code.
This Title prohibits discriminatory practices in various areas, including
housing. The following bases for discrimination are prohibited:
2. Specific Unlawful Acts in Baltimore County Title 19 of the Baltimore County Code pertains to unlawful housing practices. Unlawful acts by area are: a. In the Sale or Rental of Housing (1)
Printing or publishing any notice, statement, or advertisement that
indicates any preference or limitation. b. In Any Multiple Listing Service, Real Estate Brokers' Organization, or Other Organization Regarding the Business of Housing Representation that the existing or potential proximity of real estate will or may result in: (1)
The lowering of property values. c. Solicitation (1)
Knowingly induces or attempts to induce another person to transfer
an interest in property. d. Discriminatory Restrictive Covenants (1)
Any discriminatory restrictive covenant is declared to be null and
void and of no effect. 3. Exemptions to the County Law a. Age-Related Dwellings (1)
Any medical, health or educational institution established for a
specific age group. b. Owner-Occupied Dwelling c. Private Membership Clubs Exempt: A private club, not open to the public, and which provides lodging which it owns or operates for non-commercial purposes, can limit occupancy and give preference to its members. d. Religious Organization Dwelling
(1) Exempt: A religious organization or a nonprofit institution/organization
operated by a religious organization. 4. Remedy If a person feels that he/she has been discriminated against in housing or lending practices, he/she may file a complaint with the Baltimore County Human Relations Commission. C. UNLAWFUL FINANCING PRACTICES 1. Introduction Title 19 of the Baltimore County Code also outlaws discrimination in financing practices. The following bases for discrimination are prohibited:
The law applies to all dwellings, including mobile homes, in the County. Affected lending institutions are banks, insurance company, savings and loan association, or other organization in the business of lending money or guaranteeing loans within Baltimore County. 2. Unlawful Acts These acts regarding the conditions of a loan are prohibited by the law:
In addition, it is unlawful for public funds to be deposited in a lending institution that discriminates in this manner. 3. Remedy If a person feels that he/she has been discriminated against in lending practices, he/she may file a complaint with the Baltimore County Human Relations Commission. Please see Section II of this part for a full description of the procedure for filing a complaint. D. HOUSING OPPORTUNITIES FOR FAMILIES Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status, according to the Fair Housing Act. It may not discriminate against families in which one or more children under 18 live with: Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18. Housing for older persons is exempt from the law if it is occupied solely by persons who are 62 or older, or it houses at least one person who is 55 or older in at least 80% of the occupied units. E. FAIR HOUSING FOR PERSONS WITH DISABILITIES 1. Introduction 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. 2. Overview of the Relevant Laws a. Architectural Barriers Act of 1968 (42 U.S.C. 4151) This Act provides for the removal of architectural barriers from all Federally constructed, leased, or financed buildings. b. Rehabilitation Act of 1973 (29 U.S.C. 794) The Rehabilitation Act prohibits discrimination, in Federally assisted and conducted programs, against otherwise qualified individuals with disabilities. Along with the Americans with Disabilities Act, this is the major Federal statute protecting the civil rights of persons with disabilities. Section 504 - as well as HUD rules and regulations - provide for complaint procedures regarding housing discrimination on the basis of disability. In short, treatment of the complaint parallels that for other (e.g., racial) discriminatory allegations. c. Fair Housing Amendments Act of 1988 (42 U.S.C. 3601) (1) Exemptions The Act also prohibits discriminatory housing practices based on disability and familial status. There are specified monetary penalties in cases where housing discrimination is found. This Act generally applies to dwellings intended as a residence. Exemptions are: (a)
Rooms/units in owner-occupied dwellings for four or fewer families
living independently. (2) Prohibited discriminatory actions include: (a)
Refusal to permit, at the request of a person with disabilities,
reasonable modifications if necessary to allow this person full
usage of the dwelling.
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. c. Requirements for New Buildings 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. If a building with four or more 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 any more stringent standards in State or Maryland or Baltimore County law. However, housingneed 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. Enforcement mechanisms involve investigation, conciliation, administrative hearings, U. S. Department of Justice action, and civil actions in Federal Court. d. Americans with Disabilities Act of 1990 This Federal Act prohibits discrimination against individuals with disabilities in private sector employment, all public services, public accommodations, and telecommunications. For more information about the Act, please contact the Baltimore County Commission on Disabilities (410-887-3580) or the Baltimore County Human Relations Commission (410-887-5917). 3. How Are You Affected? The following are commonly-asked questions regarding Fair Housing for persons with disabilities. a. What must a housing provider consider to assure that housing is provided as integrated?The housing for persons with disabilities must not be separate or unnecessarily segregated. Accessible units in single buildings should be located throughout the building, and not just on the first floor. In projects with multiple buildings, accessible units should be located throughout these buildings, rather than in just one or two buildings. Persons with mental disabilities should not be segregated in any one wing, floor, or building. b. What conditions are considered as disabilities under the law? (1)
Alcoholism. c. If this building was built without Federal funds, does the law still apply?The Fair Housing Act prohibits housing discrimination in both public and private housing, regardless of whether or not the housing provider receives Federal funds. d. What is the law regarding communication with persons with disabilities?A housing provider must have an effective way to communicate with all tenants and applicants who have disabilities:
e. What about the cost of housing modifications?The Fair Housing Act requires that housing providers allow tenants with disabilities to make modifications, at the tenant's expense, when such modifications are necessary. However, the provider is required to cover the cost to make existing units accessible when a project is viewed in its entirety. f. What about information given during the application process?A housing provider may indicate the availability of accessible units, and ask all applicants whether they wish to be considered for such units. If the person indicates this, he/she can be asked to explain and document why the accessibility features are required - even though to answer these questions may involve revealing information about a physical or mental disability (24 C.F.R. Sec. 8.27). g. Can a provider make the ability to live independently a term or condition of tenancy?No. Instead, the provider must rely on the tenant's ability to meet the standard obligations of tenancy, such as maintaining one's unit, to determine whether the tenant can continue to reside in that unit. h.
When can a housing provider evict a person with disabilities
who damages his/her unit and/or disturbs other tenants?The
general rule is that a person with disabilities can be held to the
same standards of behavior as those to which a non-disabled person
is held. "Reasonable accommodation," however, may require that in
some circumstances a landlord make an accommodation in the rule.
A. DIFFERENCES BETWEEN FILING WITH BALTIMORE COUNTY, THE STATE OF MARYLAND, AND THE U.S. GOVERNMENT 1. Options Someone who believes that his/her rights against discrimination have been violated has three options in Baltimore County. S/he can file a complaint with the Baltimore County Human Relations Commission (BCHRC), the Maryland Commission on Civil Rights, or the U. S. Department of Housing and Urban Development (HUD). This section first details how to file a complaint with the BCHRC, and then with Maryland and HUD. 2. Differences Between Filing with Baltimore County, the State of Maryland, and the U. S. Government State of Maryland The bases for discrimination complaints differs between Baltimore County and the State of Maryland. For the State of Maryland, Title 14, Subtitle 03, Chapter 4 (14.03.04) of the Code of Maryland Regulations prohibits any housing discrimination in Maryland based on the following: Unlike Baltimore County, the State's Fair Housing Law includes Ancestry, Familial Status, and Sexual Orientation, as bases for housing discrimination complaints. Anyone who believes that s/he is a victim of housing discrimination because of these bases should file a complaint with the State. If you are in doubt, it is advisable to contact Baltimore County (410-887-5917) or the Maryland Commission on Civil Rights (410-767-8600) for a full explanation of the covered classes. U. S. Department of Housing and Urban Development (HUD) Of the bases covered under Baltimore County Law, only Marital Status is not covered under Federal law. Persons with discrimination complaints based on Marital Status should file a complaint with Baltimore County. If you are in doubt, it is advisable to contact Baltimore County (410-887-5917) or HUD (410-962-2520, extension 3056) for a full explanation of covered classes. *****B. FILING A COMPLAINT WITH BALTIMORE COUNTY 1. Filing the Complaint Any person or organization experiencing any discrimination listed in the Baltimore County Code may file a written complaint with the Baltimore County Human Relations Commission. The Commission is located: Old Courthouse, Room 106, 400 Washington Avenue, Towson, Maryland 21204. You may telephone the Commission between 8:30 a.m. and 4:30 p.m. at 410-887-5917, or TTD 410-887-3728. The person filing the complaint is called the "Complainant." The complaint - which specifies the details of the alleged discrimination - must be filed within 180 days from the date of occurrence of the alleged discriminatory act and on the form provided by the Commission. When it receives the Complaint, the Commission will inform the alleged person who committed the act (the "Respondent"). Remember that retaliation against someone who has filed a housing complaint is against the law. 2. Mediation and Pre-Determination Settlement Some complaints may be resolved through mediation. If both the Complainant and the Respondent agree to participate, the Commission will attempt to resolve the complaint within thirty days. The Complainant does not have to agree either to mediation or to the settlement. If the complaint is resolved, it is termed a Settlement. 3. Investigation If the Complainant wishes or if mediation does not resolve the complaint, the Commission then will conduct a complete investigation to determine whether there has been a violation of the law. It will meet with witnesses for the parties, examine relevant records, and may subpoena documents and witnesses as necessary. All investigations will be completed within six months. If the investigation finds no reasonable cause of discrimination, the Complainant may appeal the decision to the Chairperson of the Commission within twenty days. 4. Administrative Hearing If conciliation does not work, an Administrative Hearing will be scheduled before the Commission. The Commission will issue a written decision of its findings and order either remedies or the dismissal of the complaint. 5. Remedies If after hearing all evidence, the Commission finds that discrimination has occurred, it may order many types of nonmonetary relief. This includes: The Commission has its orders enforced by the Baltimore County Circuit Court. 6. Right to Appeal The Complainant or the Respondent may appeal the decision of the Commission within thirty days of its issuance. S/he may appeal to the Board of Appeals of the County. 7. Right to File Charges Without Retaliation The
Human Relations Commission protects persons filing charges and witnesses
who participate in an investigation. Title 19 of the Baltimore County
Code prohibits: (a) retaliation against any individual for filing
a charge of discrimination, and (b) retaliation against any person
who assists another in any way in a proceeding before the Commission.
C. HOW TO FILE A COMPLAINT WITH THE STATE OF MARYLAND 1. Introduction A person who feels that they are a victim of housing discrimination also may file a complaint with the Maryland Commission on Civil Rights (MCCR). Often, a person will file a complaint both with Baltimore County and with the State. This is not forbidden, and is sometimes advisable in order to expedite the complaint process. Title 14, Subtitle 03, Chapter 4 (14.03.04) of the Code of Maryland Regulations prohibits housing discrimination in the State based on: 2. Contacting the MCHR 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: 410-767-8600 or 1-800-637-6247. The TTY/TDD number is 410-333-1737. A person may write the MCCR at: 6 St. Paul Street, 9th Floor, Baltimore, Maryland 21202. Upon contact, the MCHR staffer will set up an appointment with the Complainant to obtain more information about the complaint. 3. Follow-Up 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 speeds up 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 threat or harm). The MCCR will inform the Complainant and the Respondent in writing of its decision of whether discrimination has occurred, and it then will enforce corrective remedies. 4. 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:
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. 5. Anti-Retaliatory Provision Like Baltimore County, the MCCR 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. 6. Anti-Intimidation It also is illegal to threaten or intimidate someone who has filed a discrimination complaint. For example, it is illegal to:
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. If you are unsure whether an action is against the law, please contact the MCCR at 410-767-8600. D. HOW TO FILE A COMPLAINT WITH HUD 1. Introduction The U. S. Department of Housing and Urban Development (HUD) is ready to help with housing discrimination. The Federal bases for Fair Housing complaints are about the same as Baltimore County, and more narrowly defined than for the State. The national Fair Housing Act forbids housing discrimination on the basis of: In Maryland, HUD refers all discrimination complaints to the Maryland Commission on Human Relations (MCHR) for processing and investigation. Therefore, it usually is quicker to file a discrimination complaint directly with MCHR (telephone 410-767-8600) than with HUD. You may file a complaint with both agencies. Complaint Process HUD's complaint process is very similar to those of Baltimore County and the State. If someone believes his/her rights have been violated, s/he can either write HUD a letter, telephone the local HUD Office, or telephone the HUD toll-free telephone hot-line. 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. 2. What to Tell HUD The following information is necessary to file a complaint with HUD:
U. S. Department of Housing and Urban Development 451 Seventh Street, S. W., Room 5204 Washington, D. C. 20410-2000 There are two telephone lines during regular business workdays (Mondays-Fridays, 8:30 a.m. - 5:00 p.m.) to provide assistance to anyone who wishes to file a complaint:
For persons with disabilities, HUD also provides:
HUD guarantees that the confidentiality of the person making the housing discrimination complaint will be maintained. 7. What Happens Next? HUD notifies the person who has complained (called the "Complainant") once it receives the complaint. Normally, HUD then also will:
8. Conciliation After gathering the evidence and concluding that discrimination has occurred, HUD will try to reach an agreement with the Respondent. Such an agreement is called a conciliation agreement, and specifies the actions that will be taken to remove the discriminatory housing practice. However, if the agreement is violated, HUD will recommend that the U. S. Attorney General file a suit against the Respondent. 9. For Immediate Help HUD may be able to assist persons in need of immediate help to stop a serious problem caused by a Fair Housing Act violation. HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of the complaint.PART B. ORGANIZATIONS WORKING FOR FAIR HOUSING I. BALTIMORE COUNTY HUMAN RELATIONS COMMISSION A. Background and Covered Areas The Baltimore County Community Relations Commission was established in 1963. In 1989, Baltimore County Council Bill Number 97-89 created the Baltimore County Human Relations Commission. Today, the Commission has significant authority to enforce its decisions and the responsibility to deal with the multifaceted problems of intergroup relations. The Commission is designated to enforce Title 19 of the Baltimore County Code. Title 19 prohibits discriminatory practices based on: The following areas are covered:
B. Roles and Responsibilities The Commission has the following duties and responsibilities: (1) Investigate complaints of discrimination.(2) Issue decisions and orders remedying discriminatory practices. (3) Mediate and conciliate disputes. (4) Undertake human relations seminars, training, surveys and studies. (5) Conduct public hearings. (6) Make recommendations to the County Executive and the County Council. II. GREATER BALTIMORE COMMUNITY HOUSING RESOURCE BOARD (GBCHRB) A. PURPOSE AND HISTORICAL BACKGROUND The GBCHRB was started in 1979 in Baltimore, Maryland, to be an advocate and educator for Fair Housing in the Baltimore metropolitan region. The organization originally was founded by the U. S. Department of Housing and Urban Development (HUD) as part of its Community Housing Resource Board Program. The GBCHRB became an independent 501(c)(3) Maryland nonprofit corporation in 1992. Our Board of Directors includes both organizational representatives and individuals. The following groups currently are represented on the GBCHRB's Board of Directors:
Baltimore City DHCD Homeownership Institute. Baltimore Community Relations Commission. Baltimore County Human Relations Commission. Baltimore Neighborhoods, Inc. Calvary Baptist Church, Towson. Citizens Planning & Housing Association (CPHA). Community Assistance Network. Greater Baltimore Board of Realtors. League of Women Voters of Baltimore City and Baltimore County. Legal Aid Bureau of Baltimore. Maryland Commission on Human Relations. Maryland State Conference of the N. A. A. C. P. The IMAGE Center. The GBCHRB seeks to work cooperatively and positively with various organizations, agencies, groups, and individuals. It is assisted by various local governments, its member organizations and agencies, and other private and public organizations interested in Fair Housing. The GBCHRB has received several grants from HUD, Baltimore City, and Baltimore County, to undertake its Fair Housing and related activities. B. CURRENT EFFORTS Among the GBCHRB's current activities is its Baltimore County Fair Housing Project. The Project is a comprehensive education and information effort intended to raise public awareness of Baltimore County's Fair Housing Law and increase understanding and support of Fair Housing throughout the County. The Project includes: If you or your organization would like to get free Fair Housing brochures and guides, and/or learn more about the GBCHRB and its activities in support of Fair Housing and community development, please write: G. B. C. H. R. B., Inc., P. O. Box 66180, Baltimore, Maryland 21239-6180. Or you may either telephone the GBCHRB at 410.929.7640 or email us at our E-Mail address. All of the G.B.C.H.R.B.'s brochures, guides, and assistance are provided free of charge. III. FOR MORE INFORMATION For more information about Fair Housing, please contact the GBCHRB at 410.929.7640 or email us at our E-Mail address. Go back to the GBCHRB Home Page |
