Chapter: Which of the following is NOT a protected class under the Maryland Fair Housing Act? (EN)

Chapter: Which of the following is NOT a protected class under the Maryland Fair Housing Act? (EN)

Understanding Fair Housing Law & Protected Classes

Fair housing laws exist to prevent discrimination in the sale, rental, and financing of housing based on specific characteristics. These characteristics are legally defined as “protected classes.” In Maryland, the Fair Housing Act (Maryland Code, Real Property, § 20-701 et seq.) mirrors many aspects of the federal Fair Housing Act but expands upon it to include additional protections. Understanding the specific protected classes under Maryland law is critical to avoiding discriminatory practices and ensuring equal housing opportunities. Discrimination, from a social science perspective, can be viewed as the differential treatment of individuals based on group affiliation, impacting access to resources and opportunities.

1. Federal Fair Housing Act Protected Classes:

The Federal Fair Housing Act prohibits discrimination based on:

• Race: Refers to ancestry or ethnic origin. Scientifically, race as a biological construct lacks strong support, with genetic variation being greater within racial groups than between them. Housing discrimination based on race perpetuates historical inequalities and spatial segregation patterns.
• Color: Relates to the shade of skin. Like race, color discrimination lacks a scientific basis but has profound social and economic consequences. Spectrophotometry could be used to objectively measure skin pigmentation, though such measurements are irrelevant to fair housing principles.
• Religion: Pertains to an individual’s religious beliefs or practices. The First Amendment to the U.S. Constitution protects religious freedom. Religious discrimination in housing restricts individuals’ ability to practice their faith freely and safely.
• National Origin: Indicates the country where a person was born or where their ancestors originated. Discrimination based on national origin can stem from xenophobia and prejudice. Analyzing demographic data using Geographic Information Systems (GIS) could reveal patterns of residential segregation based on national origin.
• Sex: Refers to biological sex (male or female). Discrimination based on sex perpetuates gender inequality. Statistical analysis of housing loan applications could reveal disparities in approval rates based on sex.
• Familial Status: Concerns the presence of children under 18 in a household, including pregnancy and adoption. This protects families from discrimination aimed at excluding children. Population density models can predict the impact of familial status discrimination on housing affordability.
• Disability: Covers physical or mental impairments that substantially limit one or more major life activities. The Americans with Disabilities Act (ADA) complements fair housing laws by mandating reasonable accommodations. Biomechanical analysis can inform the design of accessible housing features.

2. Maryland Fair Housing Act Protected Classes:

The Maryland Fair Housing Act expands upon the federal protections to include:

• Marital Status: Pertains to whether a person is married, single, divorced, separated, or widowed. Discrimination based on marital status is rooted in social biases and stereotypes.
• Sexual Orientation: Refers to an individual’s romantic or sexual attraction. Maryland law prohibits discrimination based on sexual orientation, providing critical protections for LGBTQ+ individuals. Social psychology research demonstrates the prevalence and impact of prejudice against LGBTQ+ individuals, including in housing.
• Gender Identity: Refers to an individual’s internal sense of being male, female, or another gender. Gender identity is distinct from biological sex and sexual orientation. Neuroimaging studies explore the neural correlates of gender identity.
• Source of Income: Refers to the lawful sources from which an individual receives income, including public assistance. This protection is particularly important for low-income individuals and families. Econometric models can assess the impact of source of income discrimination on housing affordability and poverty rates.

3. Classes NOT Protected Under the Maryland Fair Housing Act:

It is equally important to identify classes not protected under the Maryland Fair Housing Act. While federal and state laws evolve, and local jurisdictions may have additional protections, the following are generally not included as protected classes under Maryland’s Fair Housing Act:

• Age: While the federal Age Discrimination Act protects against age discrimination in employment, age is generally not a protected class in housing under Maryland’s Fair Housing Act, except for specific contexts involving senior housing (which often has exceptions to familial status rules). However, certain communities might have specific age restrictions or allowances under specific state and federal laws. The actuarial science of lifespan expectancy is irrelevant in this housing context, though demographics of specific neighborhoods could inform housing strategies.
• Occupation: A person’s job or profession is generally not a protected characteristic.
• Veteran Status: While some states and local jurisdictions have protections for veterans, it is generally not a protected class under the Maryland Fair Housing Act itself. The Veterans Affairs (VA) loan programs, while supporting veteran housing, do not create a protected class under fair housing laws.
• Criminal Record: While landlords can perform background checks, overly broad or discriminatory use of criminal records may violate fair housing laws if it has a disparate impact on protected classes.

4. Disparate Impact:

Even if a policy seems neutral on its face, it can still violate fair housing laws if it has a disparate impact on a protected class. Disparate impact occurs when a policy or practice has a disproportionately negative effect on a protected group, even if there was no discriminatory intent.

Mathematical Representation (Disparate Impact):

Let:

• P_i = Proportion of individuals from group i affected by a housing policy.
• P_j = Proportion of individuals from group j affected by the same housing policy.
• R = Impact Ratio = P_i / P_j.

A disparate impact may be indicated if R significantly deviates from 1 (often, a value less than 0.8 is considered indicative, according to the “four-fifths rule” commonly used by the Department of Housing and Urban Development (HUD)).

5. Examples of Practical Applications:

• Landlord Screening: A landlord cannot refuse to rent to a prospective tenant solely because they receive housing assistance (source of income).
• Advertising: Housing advertisements cannot express a preference for certain types of tenants (e.g., “suitable for singles only”).
• Accessibility: Landlords must make reasonable accommodations for individuals with disabilities.
• Refusal to Rent: Refusing to rent to a same-sex couple based on their sexual orientation is illegal in Maryland.

6. Key Considerations and Evolution of Fair Housing:

The understanding and enforcement of fair housing laws are constantly evolving. Court decisions and amendments to the law shape its interpretation and application. Staying updated on current regulations and legal precedents is crucial for anyone involved in the housing industry. The increasing societal awareness of unconscious bias and systemic inequalities influences the development of fair housing policies and practices.

In conclusion, understanding both the protected and unprotected classes under the Maryland Fair Housing Act is essential for promoting fair and equitable housing opportunities for all Marylanders.