Town of Oakland, MD Fair Housing

[HISTORY: Adopted by the Mayor and Town Council of the Town of Oakland 3-7-2011 by Ord. No. O2011-01. Amendments noted where applicable.]

§ 139-1 Declaration of policy.

It is the policy of The Town of Oakland to provide for fair housing to all of its residents, regardless of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income; and to that end to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all the inhabitants of the Town may be protected and insured.

§ 139-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADMINISTRATOR

Town Clerk or designee.

AGGRIEVED PERSON

Any person who claims to have been injured by a discriminatory housing practice.

TOWN

The Town of Oakland.

COMPLAINANT

The person who files a complaint of a discriminatory housing practice under this chapter.

CONCILIATION

The attempted resolution of issues raised by a complaint, or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the administrator.

DISABILITY

With respect to a person:

A physical or mental impairment which substantially limits one or more of such person's major life activities;

A record of having a physical or mental impairment which substantially limits one or more of such person's major life activities; or

Being regarded as having a physical or mental impairment which substantially limits one or more of such person's major life activities.

"Disability" does not include current, illegal use of or addiction to a controlled or otherwise illegal substance as defined in Title 21, § 802 of the United States Code or Article 27, § 277 of the Annotated Code of Maryland.

DISCRIMINATORY HOUSING PRACTICE

An act that is unlawful under §§ 139-4 through 139-9 of this chapter.

DWELLING

Any building, structure or portion thereof which is occupied as, or designed for occupancy as, or intended for, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

FAMILIAL STATUS

The status of one or more individuals (who have not attained the age of 18 years) being domiciled with:

A parent or other person having legal custody of such individual or individuals; or

The designee of such parent or other person having legal custody of such individuals, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

FAMILY

Includes a single individual.

HOUSING FOR OLDER PERSONS

Housing:

Provided under any state or federal program that is specifically designed and operated to assist elderly persons as defined by the state or federal program;

Intended for or solely occupied by, persons 62 years of age or older;

Intended and operated for occupancy by at least one person 55 years of age or older per unit.

MARITAL STATUS

The state of being single, married, separated, divorced, or widowed.

MULTIFAMILY DWELLING

A building consisting of four or more units, if the building has one or more elevators; or

A ground floor unit in a building consisting of four or more units, if the building has no elevator.

A multistory townhouse shall not be considered a multifamily dwelling.

PERSON

Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, and fiduciaries.

RESPONDENT

A person accused in a complaint of a discriminatory housing practice.

SOURCE OF INCOME

Any lawful, verifiable source of money paid directly or indirectly to a renter or buyer of housing including:

Any lawful profession or occupation;

The condition of being a recipient of federal, state, or local government assistance, including medical assistance, subsidies, rental assistance, or rent supplements.

Any gift, inheritance, pension, annuity, alimony, child support, trust or investment accounts, or other consideration or benefit; and

Any sale or pledge of property or interest in property.

TO RENT

Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

§ 139-3 Applicability; exceptions.

Nothing in this chapter, other than the prohibitions against discriminatory advertising, applies to the sale or rental of a single family dwelling, if the dwelling is sold or rented without the use of the sales or rental facilities or services of any:

(1)

Real estate broker, agent, or salesperson;

(2)

Agent of any real estate broker, agent, or salesperson;

(3)

Person in the business of selling, renting, or managing dwellings; or

(4)

Agent of a person in the business of selling, renting, or managing dwellings.

Nothing in this chapter, other than the prohibition against discriminatory advertising, applies to the rental of any unit in a dwelling that contains four or fewer rental units, and the owner maintains a unit in the dwelling as the owner's principal residence.

The use of attorneys, escrow agents, abstractors, title companies, and other similar professional assistance as necessary to perfect or transfer the title may not subject a person to this chapter if the person otherwise would be exempted.

Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy:

(1)

Would constitute a direct threat to the health or safety of other individuals; or

(2)

Would result in substantial physical damage to the property of others.

Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose, to persons of the same religion, or from giving preference to these persons, unless membership in the religion is restricted on account of race, color or national origin.

Nothing in this chapter shall prohibit a private club not in fact open to the public, which as an incidence to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwelling to its members or from giving preference to its members.

Nothing in this chapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

The provisions in this chapter that deal with familial status do not apply to housing for older persons as defined in § 139-2 of this chapter.

Nothing in this chapter prohibits conduct against a person because the person has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined in Title 21, § 802 of the United States Code or a controlled dangerous substance as defined in Article 27, § 277 of the Annotated Code of Maryland.

The prohibitions in this chapter against discrimination because of source of income do not prohibit:

(1)

A commercially reasonable verification of a source and amount of income; or

(2)

A commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income; or

(3)

The eviction of any person for lease violation behaviors; or

(4)

The refusal to consider income derived from any criminal activity.

With respect to discrimination on the basis of sex, this chapter does not apply to rooms within a dwelling which have shared restroom and cooking facilities.

§ 139-4 Discrimination in sale or rental of housing and other prohibited practices.

Except as exempted by § 139-3 of this chapter, it shall be unlawful:

To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income;

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income;

To make, print or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, familial status, national origin, disability, marital status, or source of income, or an intention to make any preference, limitation, or discrimination;

To represent to any person because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income that any dwelling is not available for inspection, sale, or rental when the dwelling is in fact available;

To discriminate in the sale or rental, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of the race, color, religion, sex, familial status, national origin, disability, marital status, or source of income of:

(1)

The buyer or renter; or

(2)

A person residing or intending to reside in the dwelling after it is so sold, rented, or made available.

To refuse to permit at the expense of a disabled person, reasonable modifications of existing premises occupied or to be occupied by the individual if:

(1)

The modifications may be necessary to afford the disabled person full enjoyment of the dwelling; and

(2)

For a rental dwelling, the tenant agrees, at the tenant's expense to restore, reasonable wear and tear excepted, the interior of the dwelling to the condition that existed before the modification on vacating the dwelling;

To refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford a disabled individual equal opportunity to use and enjoy a dwelling; or

To fail to design or construct a multifamily dwelling for first occupancy as required under § 139-5 of this chapter.

§ 139-5 Access for disabled persons.

On or after July 1, 1991, a multifamily dwelling for first occupancy shall be designed and constructed so that:

(1)

The public use and common use portions of such dwellings are readily accessible to and usable to disabled persons;

(2)

All the doors designed to allow passage into and within all premises within the dwelling are sufficiently wide to allow passage by disabled persons in wheelchairs; and

(3)

All premises within the dwellings contain the following features of adaptive design:

(a)

An accessible route into and through the dwelling;

(b)

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(c)

Reinforcements in bathroom walls to allow later installation of grab bars; and

(d)

Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

The requirements of this section are satisfied by compliance with:

(1)

The appropriate requirements of the most current revision of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as ANSI A117.1); or

(2)

The federal law, regulations, and guidelines on disability accessibility adopted under the Federal Fair Housing Act Amendments of 1988 and incorporated by reference in the rules and regulations adopted by the Department of Housing and Urban Development under Article 83B, § 6-102 of the Code (1991, Chapter 571, § 3).

§ 139-6 Discrimination in residential real-estate-related transactions prohibited.

It shall be unlawful for any person or other entity whose business includes engaging in residential real-estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income.

It shall be unlawful to refuse to appraise a property, to lend money, guarantee a loan, purchase a loan, accept residential real property as security for a loan, accept a deed of trust or mortgage, or otherwise make funds available for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of a dwelling; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income.

It shall be unlawful to discriminate in any financial transaction involving a dwelling on account of the location or neighborhood composition because of the race, color, religion, sex, familial status, national origin, disability, marital status, or source of income of the residents.

Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, familial status, national origin, disability, marital status, or source of income.

§ 139-7 Discrimination in provision of brokerage services prohibited.

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility, relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income.

§ 139-8 Interference, coercion, or intimidation.

It shall be unlawful to coerce, intimidate, threaten, interfere with, or retaliate against any person in the exercise or enjoyment of, on account of a person having exercised or enjoyed, or on account of a person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

§ 139-9 Prohibition against injury or intimidation by force or threat of force to prevent exercise of rights.

Whether or not acting under color of law, it is unlawful for any person, by force or threat of force, to willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with:

Any person because of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income and because the person is or has been:

(1)

Selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling; or

(2)

Applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings.

Any person because the person is or has been, or in order to intimidate the person or any other person or any class of persons from:

(1)

Participating without discrimination on account of race, color, religion, sex, familial status, national origin, disability, marital status, or source of income in any of the activities, services, organizations, or facilities described in Subsection A of this section; or

(2)

Affording another person or class of persons the opportunity or protection to participate in any of the activities, services, organizations or facilities as described in Subsection A of this section; or

Any person because the person is or has been, or in order to discourage the person or any other person from:

(1)

Lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status, national origin, disability, marital status or source of income in any of the activities, services, organizations, or facilities described in Subsection A of this section; or

(2)

Participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate in any of the activities, services, organizations or facilities described in Subsection A of this section.

§ 139-10 Fair housing administrator.

There is hereby established a fair housing administrator to carry out the provisions of this chapter.

Duties of the administrator shall be as follows:

(1)

The administrator shall be responsible for promoting fair housing rights within the Town.

(2)

The administrator shall have the authority to inform the citizens of the Town of practices and patterns of conduct which may be discriminatory in housing.

(3)

The administrator shall have the authority to initiate or receive complaints, and make referrals to the Maryland Commission on Human Relations.

(4)

The administrator shall hold confidential any information that would tend to disclose the identity of a complainant and/or respondent until an order of discrimination has been found by the administrator.

§ 139-11 Procedures of administrator.

A complaint charging a violation shall be made in writing and under oath or affirmation by an aggrieved person within one year of the last discriminatory event.

The administrator shall make a prompt referral to the Maryland Commission on Human Relations.

A complainant has the right to appeal any administrative decision.

§ 139-12 Violations and penalties.

Penalties ordered by the court may include, but are not limited to:

Injunctive relief.

Compensatory damages.

Punitive damages.

Reasonable and customary attorney's fees.

Nonmonetary relief.

A fine not exceeding $10,000 for the first offense. Each subsequent offense within five years shall be punishable by a fine not exceeding $25,000.

Any other equitable relief that is deemed appropriate.

§ 139-13 Effect on other provisions.

Nothing in this chapter shall affect the powers of the Town of Oakland to enact ordinances on any subject covered by this title; provided that no such ordinance shall permit the doing of any act which would be a discriminatory or unlawful housing practice under this chapter.