Maryland's Fair Housing laws make it illegal to discriminate based on sexual orientation, gender identity, marital status, and source of income. These 4 are in addition to protected classes under the federal Fair Housing Act (race, color, national origin, religion, sex, disability, and familial status).
In October 2024, Maryland will add a fifth protected class: military status. Active duty, members of the reserve, and their dependents qualify. Although retired is very much a military status that deserves recognition, it is not specifically mentioned.
This means that Real Estate professionals and their clients cannot:
- refuse to rent or sell a property
- make a property unavailable
- refuse to negotiate
- offer different terms (e.g. asking for a higher deposit, or application fee)
to any active-duty servicemember, member of the reserves, and their families.
It is important to note that with protected classes, licensed Real Estate agents and their clients are also prohibited from favoring certain classes, making concessions because of their status, or making any statements that indicate a preference. Waiving a rental application fee for active-duty servicemembers, for example, or choosing an offer because of military status would be against the law (I have worked with sellers who have done just that).
While protecting military members and their families from housing discrimination is a noble cause and the right thing to do, making military status a protected class can come with a loss of certain preferential treatment.
Having spent 14 years as an active-duty military spouse, I am intimately familiar with the trials, tribulations, and sacrifices that this life entails. I've represented many active-duty and retired military members and their families with pride over the last 20 years. When we are no longer able to use military status to promote our clients' best interests, it may become even harder to compete. VA loans still have a stigma attached (but I am very much a fan) and are not often chosen over offers with conventional loans. Protecting a class against discrimination shouldn't come with negative consequences - yet, it may.
What should end, however, is seeing or hearing statements like "I don't take VA" (post published in 2013 but it wasn't the only or last time I heard these words), or excluding VA loans as acceptable financing unless the property is part of a condominium that is not approved by the Department of Veterans Affairs. Too many sellers/agents fear the VA appraisal. But there's no reason to if the property has been prepared properly for the market and any safety or health concerns were eliminated (or never present to begin with).
This blog post is intended for informational purposes only. If you have experienced possible discrimination you can contact the Equal Rights Center info@equalrightscenter.org. In Maryland, you can also contact the Maryland Commission on Civil Rights.
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