[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Town Clerk or designee.
Any person who claims to have been injured by a discriminatory
housing practice.
The Town of Oakland.
The person who files a complaint of a discriminatory housing
practice under this chapter.
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.
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.
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.
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.
Includes a single individual.
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.
The state of being single, married, separated, divorced,
or widowed.
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, unincorporated organizations, trustees,
receivers, and fiduciaries.
A person accused in a complaint of a discriminatory housing
practice.
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.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
A.
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:
B.
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.
C.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
Except as exempted by § 139-3 of this chapter, it shall be unlawful:
A.
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;
B.
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;
C.
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;
D.
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;
E.
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:
F.
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;
G.
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
A.
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.
B.
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).
A.
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.
B.
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.
C.
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.
D.
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.
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.
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.
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:
A.
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:
B.
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:
C.
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
A.
There is hereby established a fair housing administrator to carry
out the provisions of this chapter.
B.
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.
A.
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.
B.
The administrator shall make a prompt referral to the Maryland Commission
on Human Relations.
C.
A complainant has the right to appeal any administrative decision.
Penalties ordered by the court may include, but are not limited
to:
A.
Injunctive relief.
B.
Compensatory damages.
C.
Punitive damages.
D.
Reasonable and customary attorney's fees.
E.
Nonmonetary relief.
F.
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.
G.
Any other equitable relief that is deemed appropriate.
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.
