A.
It is hereby declared to be the policy of the City
of Hagerstown, Maryland, to eliminate discrimination in housing and
to provide for fair housing practices throughout the City to all its
citizens regardless of race, color, religion, sex, national origin,
marital status, age or physical or mental handicap and to that end
to prohibit discriminatory practices with respect to residential houses
by any person or group of persons in order that the peace, health,
safety, prosperity and general welfare of all the inhabitants of the
City may be protected and ensured.
B.
This article shall be administered and enforced by
the Commission.
For the purposes of this article, the following
terms shall have the meanings indicated:
An act that is unlawful under this article.
Any building, structure or portion thereof which is occupied
as or designed or intended for occupancy as 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.
Includes a single individual.
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries or any other legal
entity.
Any physical disability, infirmity, malformation or disfigurement
which is caused by bodily injury, birth defect or illness, including
epilepsy, and which shall include but not be limited to any degree
of paralysis, amputation, lack of physical coordination, blindness
or visual impairment, deafness or hearing impairment, muteness or
speech impediment or physical reliance on a Seeing Eye dog, wheelchair
or other remedial appliance or device and any mental impairment or
deficiency as but not limited to retardation or such other which may
have necessitated remedial or special education and related services.
Any specification limiting the transfer, rental or lease
of any dwelling because of race, color, religion, marital status,
sex or national origin.
Includes to lease, to sublease, to let or otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
A.
It shall be an unlawful discriminatory housing practice
because of race, color, religion, sex, national origin, marital status,
age or physical or mental handicap:
(1)
For any person having the right to sell, rent, lease,
control, construct or manage any dwelling constructed or to be constructed
or any agent or employee of such person:
(a)
To refuse to sell or rent after the making of a bona
fide offer, to refuse to negotiate for the sale or rental of or otherwise
make unavailable or deny a dwelling.
(b)
To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling or in the provision
of services or facilities in connection therewith.
(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 or an intention to make any such preference, limitation
or discrimination.
(d)
To represent to any person for reasons of discrimination
that any dwelling is not available for inspection, sale or rental
when such dwelling is in fact so available.
(e)
To deny any person access or membership or participation
in any multiple-listing service, real estate broker's 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.
(f)
To include in any transfer, sale, rental or lease
of housing any restrictive covenant that discriminates; or for any
person to honor or exercise or attempt to honor or exercise any discriminatory
covenant pertaining to housing.
[1]
Nothing in the provisions of this subsection
shall be construed to bar any person from refusing to sell, rent or
advertise any dwelling which is planned exclusively for or occupied
exclusively by individuals of one sex to any individual of the opposite
sex on the basis of sex. Notwithstanding the other provisions of this
article, a person may sell, rent or advertise any dwelling to aged
or elderly persons only, if the dwelling is planned exclusively for
or occupied exclusively by a specified age group.
[2]
With respect to sex discrimination, nothing
herein shall be construed to apply to the rental of rooms within any
dwelling in which the owner maintains his or her principal residence
or to the rental of any apartment in a dwelling containing not more
than five units and in which the owner maintains his or her principal
residence.
(2)
For any person, whether or not acting for monetary
gain, knowingly to induce or attempt to induce another person to transfer
an interest in real property by representations regarding the existing
or potential proximity of real property owned, used or occupied by
persons of any particular race, color, religion, marital status, sex
or national origin or to represent that such existing or potential
proximity will or may result in:
(3)
For any person, firm, corporation or association to
solicit or attempt to solicit the listing of dwellings for sale or
lease by door-to-door, in-person or telephone solicitation or by the
distribution of circulars if one of the purposes is to change the
racial composition of the neighborhood.
B.
It shall not be mandatory for any owner, manager or
person responsible for the care, operation and maintenance of housing,
realty or premises to be required to make special provisions for persons
making application for housing, other than those now required by the
applicable federal, state, county or City ordinances, rules or regulations.
