1 FAIR HOUSING AN OVERVIEW OF MARYLAND FAIR

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1 FAIR HOUSING AN OVERVIEW OF MARYLAND FAIR HOUSING LAW PRESENTED BY: GLENDORA C.

1 FAIR HOUSING AN OVERVIEW OF MARYLAND FAIR HOUSING LAW PRESENTED BY: GLENDORA C. HUGHES, GENERAL COUNSEL STATE OF MARYLAND COMMISSION ON CIVIL RIGHTS © STATE OF MARYLAND COMMISSION ON CIVIL RIGHTS MATERIALS ARE CREATED FOR TRAINING PURPOSES ONLY, AND SHALL NOT BE REPRODUCED, COPIED OR OTHERWISE DUPLICATED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE MARYLAND COMMISSION ON CIVIL RIGHTS

2 “Where you live affects so much in life — your access to transportation,

2 “Where you live affects so much in life — your access to transportation, employment opportunities, decent health care, and, most important, good schools, ” [and] “Access to good schools means a higher chance of attending college, which can lead to higher-paying employment, more wealth accumulation, and ultimately, more choices of where to live and start a family” – Richard Kahlenberg

3 But what if you were not given an equal opportunity to choose where

3 But what if you were not given an equal opportunity to choose where you live?

OBJECTIVES 4 • History • Protected Classes • Unlawful Discriminatory Practices • Persons with

OBJECTIVES 4 • History • Protected Classes • Unlawful Discriminatory Practices • Persons with Disabilities • Sexual Harassment • Hate Incidents & Crimes

5 HISTORY

5 HISTORY

HISTORY OF FAIR HOUSING 1789 1856 1866 1874 1968 1974 1988 1995 overhead 6

HISTORY OF FAIR HOUSING 1789 1856 1866 1874 1968 1974 1988 1995 overhead 6 United States Constitution Dred Scott Decision 13 th and 14 th Amendments to the United States Constitution Civil Rights Act Plessy V. Ferguson Federal Fair Housing Act Amendment Congress clarified the Housing for Older Persons Exemption

FOLLOWING APRIL 4, 1968

FOLLOWING APRIL 4, 1968

8 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • April 17,

8 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • April 17, 1968 -Title VIII signed into law • First Federal Housing Law Prohibiting Discrimination: • Covered Basis: • • RACE RELIGION COLOR NATIONAL ORIGIN

9 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1968 -Jones

9 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1968 -Jones v. Alfred H. Mayer, 392 U. S. 409 (1968)-S. Ct. interpreted Civil Rights Act of 1866 to prohibit discrimination in private, as well as, public contracts. • 1972 -Trafficante v. Metropolitan Life Insur. Co. , 409 U. S. 205 (1972)-(Standing) Landlords could be sued by white tenants for discriminating against blacks. • 1974 -Title VIII amended to add SEX.

10 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1979 -Gladstone

10 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1979 -Gladstone Realty v. Village of Bellwood, 441 U. S. 91 (1979)-(Standing) Communities can sue for discrimination • 1982 -Havens Realty Corp. , 455 U. S. 363 (1982)(Standing) Fair housing organizations & testers have standing to sue.

11 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1988 -Amendments

11 HISTORY OF TITLE VIII & STATE GOVERNMENT ARTICLE, TITLE 20 • 1988 -Amendments to Title VIII: • 1991 -Amendments to State Gov. Art. , Title 20: • Added new protected classes • Provides new ways to enforce the law • Provides means for victims to have legal representation without hiring an attorney • Provides new stiff penalties • Includes persons aiding and abetting this discriminatory acts of others

12 What does discrimination in housing look like?

12 What does discrimination in housing look like?

HISTORIC DISCRIMINATION IN BALTIMORE • 1937 Home Owners Loan Corporation “redlining” map • Discouraged

HISTORIC DISCRIMINATION IN BALTIMORE • 1937 Home Owners Loan Corporation “redlining” map • Discouraged home loans in communities of color and integrated communities • Recommended lowest rates in racially restricted white communities • Federal Housing Administration (FHA) continued policies into 1960 s.

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PATTERNS OF RACIAL CHANGE

PATTERNS OF RACIAL CHANGE

FORECLOSURE AND RACE • Communities of color disproportionately affected by subprime loans & foreclosures

FORECLOSURE AND RACE • Communities of color disproportionately affected by subprime loans & foreclosures that followed • Baltimore City 2008 discrimination lawsuit against Wells Fargo resolved by 2012 settlement, including $7. 5 million for City

INDICATORS • Education • Housing/Neighborhood • Home Value • Percent Vacant & Abandoned •

INDICATORS • Education • Housing/Neighborhood • Home Value • Percent Vacant & Abandoned • Social Capital • Racial Diversity • Percent with Bachelor’s Degree • Public Health & Safety • Crime Risk • Rate Low Birth Weight • Access to Parks • Employment & Workforce • Job Growth • Jobs within Short Commute • Transportation & Mobility • Short Commutes • Walk Score • Access to Transit

2215 RUSKIN AVE. • In 1950, African American WW II veteran bought 1920 house

2215 RUSKIN AVE. • In 1950, African American WW II veteran bought 1920 house for $6, 300. • $6, 300 in 1950 would be $62, 300 today. • Census tract more than 90% black. • Family sold house for $22, 500 in 2013.

LEVITTOWN, NY • Federally subsidized development for whites only • New homes in 1947

LEVITTOWN, NY • Federally subsidized development for whites only • New homes in 1947 were $7, 000, or $75, 000 today. • Median Levittown home value today is $365, 000. • Population 1% black

20 FAIR HOUSING LAW

20 FAIR HOUSING LAW

21 FAIR HOUSING LAWS • Laws regarding Fair Housing may be defined by: •

21 FAIR HOUSING LAWS • Laws regarding Fair Housing may be defined by: • Federal, State and Local statutes • Regulations • The Constitution • Executive Orders • Case Law • Administrative Systems • Guidance issued by HUD or State and Local Agencies.

22 A “handshake and a smile”

22 A “handshake and a smile”

23 PROTECTED CLASSES

23 PROTECTED CLASSES

HOUSING • Race • Sexual Orientation • Gender/Sex • National Origin • Disability(mental and

HOUSING • Race • Sexual Orientation • Gender/Sex • National Origin • Disability(mental and physical) • Religion • Marital Status • Color • Familial Status • Gender Identity

25 CLASSES PROTECTED BY FEDERAL LAW • Race • Handicap • Color • Familial

25 CLASSES PROTECTED BY FEDERAL LAW • Race • Handicap • Color • Familial Status • Religion • National Origin • Sex overhead 25

26 STATE & LOCAL COVERAGE • State: • Marital Status • Sexual Orientation •

26 STATE & LOCAL COVERAGE • State: • Marital Status • Sexual Orientation • Gender Identity • Local: • Source of Income • Occupation • Political Affiliation • Personal Appearance

27 PROTECTED CLASS FAMILIES WITH CHILDREN STATE GOVERNMENT ARTICLE, § 20 -701(E) – (F)

27 PROTECTED CLASS FAMILIES WITH CHILDREN STATE GOVERNMENT ARTICLE, § 20 -701(E) – (F) • Parents or persons with legal custody of children under 18 living with the parent. • Children with designee of parent. • Person who is pregnant or getting custody of a child under 18. • Exemptions: • Solely occupied-62 or older • 80% occupied 55 or older • Collateral issue-occupancy standards.

28 UNLAWFUL DISCRIMINATORY PRACTICES STATE GOVERNMENT ARTICLE, §§ 20 -705– 708 & 1103 COMAR

28 UNLAWFUL DISCRIMINATORY PRACTICES STATE GOVERNMENT ARTICLE, §§ 20 -705– 708 & 1103 COMAR 14. 03. 04 -. 07, . 09 &. 17

29 WHAT IS HOUSING DISCRIMINATION? • Housing discrimination is any attempt to prohibit or

29 WHAT IS HOUSING DISCRIMINATION? • Housing discrimination is any attempt to prohibit or limit free and fair housing choices?

30 FORMS OF HOUSING DISCRIMINATION Overt Discrimination • Occurs when a housing provider, etc.

30 FORMS OF HOUSING DISCRIMINATION Overt Discrimination • Occurs when a housing provider, etc. blatantly discriminates against a protected class. Disparate Treatment • Inconsistent application of policies and practice Disparate Impact • Policy or practice seems neutral on its face, but leaves a certain group at a disadvantage

31 UNLAWFUL DISCRIMNATORY PRACTICES • Denying or refusing to rent; • Denying or refusing

31 UNLAWFUL DISCRIMNATORY PRACTICES • Denying or refusing to rent; • Denying or refusing to sell; • Treating applicants differently in terms and conditions; • Advertising with illegal preferences;

32 UNLAWFUL DISCRIMINATORY PRACTICES • Providing false information about availability; • Harassing or intimidating

32 UNLAWFUL DISCRIMINATORY PRACTICES • Providing false information about availability; • Harassing or intimidating people from exercising their rights; • Blockbusting; Steering; • Imposing different terms of financing because of a particular class; and • Denying or applying different terms for real estate services—brokering or multiple listing.

33 UNLAWFUL DISCRIMINATORY PRACTICES • Discriminatory Advertisement – “A notice, statement or ad made

33 UNLAWFUL DISCRIMINATORY PRACTICES • Discriminatory Advertisement – “A notice, statement or ad made with respect to the sale or rental of a dwelling” …when it is “indicative of a preference, limitation or discrimination based on a protected class”

34 UNLAWFUL DISCRIMINATORY PRACTICES IN SALES • Refusal to make a mortgage loan, or

34 UNLAWFUL DISCRIMINATORY PRACTICES IN SALES • Refusal to make a mortgage loan, or imposing different terms or conditions on a loan, such as different interest rates, points or fees • Discriminating in appraising the property • Refusing to provide homeowners insurance coverage, or discrimination in the terms and conditions of coverage. • Retaliation prohibited for both selling and renting a dwelling.

35 PERSONS WITH DISABILITITES

35 PERSONS WITH DISABILITITES

36 DISABILITY DISCRIMINATION STATE GOVERNMENT ARTICLE, § 20 -706(B)(2) • Unlawful discriminatory practices in

36 DISABILITY DISCRIMINATION STATE GOVERNMENT ARTICLE, § 20 -706(B)(2) • Unlawful discriminatory practices in sales based on an individual’s disability: • Making unavailable or denying a dwelling, • Different terms, conditions, and privileges, • Failure to provide or deny services, or facilities in connection with the dwelling, or • Inquiring of an individual’s disability.

37 PERSON WITH DISABILITY DEFINITION • Physical or mental disability which substantially limits one

37 PERSON WITH DISABILITY DEFINITION • Physical or mental disability which substantially limits one or more major life activity; or • Mobility, deafness, blindness, etc. • Has a record of such a disability; or • Alcoholism, past drug addiction • Is regarded as being disabled. • HIV Positive

38 PERSONS WITH DISABILITES NOT COVERED • Juvenile Offenders • Sex Offenders • Current

38 PERSONS WITH DISABILITES NOT COVERED • Juvenile Offenders • Sex Offenders • Current illegal drug users • Persons who pose a threat to the health and safety of others • Pose a threat of substantial physical damage to property

39 PERSON WITH DISABILITIY REASONABLE MODIFICATION • Unlawful to refuse to permit, at the

39 PERSON WITH DISABILITIY REASONABLE MODIFICATION • Unlawful to refuse to permit, at the expense of the person with a disability reasonable modification of existing premises occupied or to be occupied by the individual; • For a rental, the tenant agrees, at tenant’s expense to restore interior of dwelling, excepting reasonable wear and tear.

40 PERSON WITH DISABILITY REASONABLE ACCOMMODATION • Unlawful to refuse to make reasonable accommodation

40 PERSON WITH DISABILITY REASONABLE ACCOMMODATION • Unlawful to refuse to make reasonable accommodation in: • Rules • Policies • Practices; or • Services

PERSON WITH DISABILITY 41 ACCOMMODATIONS GRANTED • Assigned accessible parking space • Exception to

PERSON WITH DISABILITY 41 ACCOMMODATIONS GRANTED • Assigned accessible parking space • Exception to rule requiring tenants to bring rent personally to office • Exception to “no pet” policy for emotionally disabled tenant

42 PERSON WITH DISABILITY ACCOMMODATIONS DENIED • Request for daily trash pick-up by housing

42 PERSON WITH DISABILITY ACCOMMODATIONS DENIED • Request for daily trash pick-up by housing provider • Pet request is for an animal considered dangerous by insurance carrier (i. e. alligator) • Request for provider to transport tenant to and from grocery store and do shopping

43 PERSON WITH DISABILITY INQUIRIES • No inquiry for obvious disabilities except if the

43 PERSON WITH DISABILITY INQUIRIES • No inquiry for obvious disabilities except if the requested accommodation is not obvious. • May inquire into the severity of a disability to access an applicant for housing limited to persons with disabilities. • Restricted to threshold questions.

44 SEXUAL HARASSMENT

44 SEXUAL HARASSMENT

45 SEXUAL HARASSMENT DEFINED • Unwelcome sexual advances (verbal or physical conduct) directed toward

45 SEXUAL HARASSMENT DEFINED • Unwelcome sexual advances (verbal or physical conduct) directed toward an individual (tenant) • Two Types of sexual harassment: • Quid Pro Quo • Hostile Environment

46 QUID PRO QUO SEXUAL HARASSMENT • When a housing provider, or his or

46 QUID PRO QUO SEXUAL HARASSMENT • When a housing provider, or his or her employee, agent, or contractor conditions access to or retention of housing or housing-related services or transactions on a victim’s submission to sexual conduct.

47 HOSTILE ENVIRONMENT SEXUAL HARASSMENT • When a housing provider or his or her

47 HOSTILE ENVIRONMENT SEXUAL HARASSMENT • When a housing provider or his or her employee, agent or contractor, or in certain circumstances another tenant, engages in sexual behavior of such severity or pervasiveness that it alters the terms and conditions of tenancy and results in an environment that is intimidating, hostile, offensive, or otherwise significantly less desirable.

48 HATE INCIDENTS & CRIMES IN FAIR HOUSING

48 HATE INCIDENTS & CRIMES IN FAIR HOUSING

49 HATE INCIDENTS IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -708 UNLAWFUL TO:

49 HATE INCIDENTS IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -708 UNLAWFUL TO: • Coerce, • Intimidate, • Threaten, • Interfere with or, • Retaliate against any person in the exercise or enjoyment of any right granted or protected by the fair housing act.

50 HATE CRIMES IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -1103(B)PROHIBITS • Use

50 HATE CRIMES IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -1103(B)PROHIBITS • Use force or threat of force to: • Willfully injure, • Intimidate, • Interfere with, or • Attempt to injure…to prevent exercise of fair housing rights.

51 HATE CRIMES IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -1103(C)PENALTIES • Conviction-fined

51 HATE CRIMES IN FAIR HOUSING STATE GOVERNMENT ARTICLE, § 20 -1103(C)PENALTIES • Conviction-fined not more than $1000 or imprisoned not more than 1 year or both, • Violation results in bodily injury fined not more than $10, 000 or imprisoned not more than 10 years or both; or • Violation results in death, subject to imprisonment for any term of years or for life.

52 MCHR FAIR HOUSING HATE CASES • Marcia Price v. Mosetti (Baltimore County) •

52 MCHR FAIR HOUSING HATE CASES • Marcia Price v. Mosetti (Baltimore County) • Heshmat v. Keifer (Montgomery County • Dorso v. Smith (Baltimore County)

6 St. Paul Street, Suite 900 Baltimore, MD 21202 Phone: 410. 767. 8600 Toll-free:

6 St. Paul Street, Suite 900 Baltimore, MD 21202 Phone: 410. 767. 8600 Toll-free: 1. 800. 637. 6247 TTY/TDD 410. 333. 1737 Fax: 410. 333. 1841 E-mail: mccr@maryland. gov Website: http: //mccr. maryland. gov