I have written an article about fair housing before but some of the protected classes and definitions have changed since then so thought it relevant to update.

Fair housing is something that all home sellers should be aware of as understanding the requirements not only protects the sellers but the buyers too. Agents are held to a strict code of conduct, along with their clients, but it is important to note that owners selling their own homes as ‘For Sale by Owner’ are not  exempt either.

To ensure you are not breaking any rules, it is vital to base your decision solely on transactional facts such as the price being offered, timing and location of settlement, the type and duration of inspections, whether there is a home to sell contingency, and any other financial considerations which may impact the sale.

Below are some of the protected class categories in Maryland

FEDERAL:

  • Color: Pertaining to a person’s skin color 
  • Familial Status: Families in which one or more children under 18 live with: a parent; a person who has legal custody of the child or children; or the designee of the parent or legal custodian, with the parent or custodian’s written permission. Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18. 
  • National Origin: Refers to the geographic area in which a person was born, or from where their ancestors came. 
  • Physical or Mental Disability: In reference to you or someone close to you who: has a physical or mental disability (such as hearing, mobility, and visual impairments, including use of a guide dog; drug addiction and alcoholism, mental illness, intellectual or developmental disability, HIV or AIDS, or cancer) that substantially limits one or more major life activities; has a record of such a disability; or is regarded as having such a disability
  • Race: Categories of physical characteristics and/or genetic groupings of human populations. 
  • Religion: Participation with one of the world’s structured religions; one’s spiritual beliefs; inference of religion by place of worship. 
  • Sex: Male or female. 

 

MARYLAND: Includes all federal protections listed above PLUS: 

  • Marital Status: The state of being single, married, separated, divorced, or widowed. 
  • Race: The State of Maryland has expanded the definition of “race” to include traits associated with race including hair texture, afro hairstyles, and protective hairstyles (including braids, twists, and other hairstyles).
  • Sexual Orientation: A component of identity that includes a person’s sexual and emotional attraction to another person and the behavior and/or social affiliation that may result from this attraction. 
  • Gender Identity: the gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth, which may be demonstrated by: 1. Consistent and uniform assertion of the person’s gender identity. 2. Any other evidence that the gender identity is sincerely held as part of the person’s core identity.
  • Source of Income: Any lawful source of money that is paid to or for the benefit of a renter or buyer of housing and includes grants, loans, government assistance, alimony, child support, pensions, annuities, legal gifts, or investment earnings.
  • Military Status: A current member of the uniformed service, reserves, or their dependents.

All of the above apply in MD, but there may be others, depending on the county! For more detailed information you can download the ‘Fair Housing Brochure’ at the link below.

 

Sources: HUD, MAR https://www.mdrealtor.org/FairHousing

This content is not the product of the National Association of REALTORS®, and may not reflect NAR's viewpoint or position on these topics and NAR does not verify the accuracy of the content.