Skip to Main Content
<< Back | Return to Main COMAR Search Page

21 records match your request.

FileAbstract
14.03.04.00.htm 14.03.04.00. Title 14 INDEPENDENT AGENCIES Subtitle 03 COMMISSION ON HUMAN RELATIONS Chapter 04 Fair Housing Regulations Authority: State Government Article, §10-204, 20-710(d)1) and 20-1034, Annotated Code of Maryland
14.03.04.01.htm 14.03.04.01. 01 Scope.. A. It is the policy of the State to provide for fair housing throughout Maryland, to all its citizens, regardless of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, and to that end to prohibit discriminatory practices with respect to residential housing by a person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all inhabitants of the State may be protected a
14.03.04.02.htm 14.03.04.02. 02 Exemptions.. A. These regulations do not:. 1) 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 individuals of the same religion, or from giving preference to these individuals, u
14.03.04.03.htm 14.03.04.03. 03 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Accessible" means the public or common use areas of a building can be approached, entered, and used by individuals with physical disabilities and comply with the appropriate requirements of the American National Standard, "Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Disabled People" (ANSI A117.1-1980) as incorporated by ref
14.03.04.04.htm 14.03.04.04. 04 Unlawful Practices Generally.. A. Real Estate Practices Prohibited. In accordance with the Commission's interpretation of discriminatory housing practices, under State Government Article, §20-705 and 20-707—20-708, Annotated Code of Maryland, it shall be unlawful for a person to:1) Refuse to sell or rent a dwelling after the making of a bona fide offer, refuse to negotiate for the sale or rental of a dwelling or otherwise make unavailable or deny a dwelling to a person becaus
14.03.04.05.htm 14.03.04.05. 05 Unlawful Practices Specifically.. A. Discriminatory Advertisements, Statements, and Notices.. 1) The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling.2) Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any other documents used with respect to the sale or rental of a dwelling.
14.03.04.06.htm 14.03.04.06. 06 Discrimination in Real Estate Related Transactions.. A. Discriminatory Practices in Residential Real Estate Related Transactions.. 1) This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination under State Government Article, §20-707, Annotated Code of Maryland.2) It shall be unlawful for a person whose business includes engaging in residential real estate related transactions to discriminate against a person
14.03.04.07.htm 14.03.04.07. 07 Prohibition Against Discrimination Because of Disability.. A. This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination against an individual who has a disability under State Government Article, §20-706, Annotated Code of Maryland.B. General Prohibitions Against Discrimination Because of Disability.. 1) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to a buyer
14.03.04.08.htm 14.03.04.08. 08 Housing for Older Persons.. A. Purpose. The purpose of this regulation is to effectuate the exemption in State Government Article, §20-704(c) Annotated Code of Maryland, that relates to housing for older persons.B. Exemption.. 1) The provisions regarding familial status in these regulations do not apply to housing which satisfies the requirements of §C―E of this regulation.2) Nothing in this regulation limits the applicability of any reasonable local, State, or federal re
14.03.04.09.htm 14.03.04.09. 09 Prohibited Interference, Coercion, Intimidation, or Retaliation.. A. It shall be unlawful housing discrimination to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged another person in the exercise or enjoyment of, a right granted or protected by State Government Article, Title 20, Annotated Code of Maryland.
14.03.04.10.htm 14.03.04.10. 10 Fair Housing Complaint.. A. Who May File.. 1) Any person who claims to have been aggrieved by an act or acts of unlawful housing discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission.2) The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.3) Commission-Initiated C
14.03.04.11.htm 14.03.04.11. 11 Complaint Processing.. A. Review, Authorization, and Expedition.. 1) After the filing of a housing complaint, the Executive Director or designee shall:. a) Review the complaint to determine whether it should issue for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend;b) If the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for rejection; and
14.03.04.12.htm 14.03.04.12. 12 Investigative Process.. A. Investigations.. 1) The Executive Director or designee shall authorize a complaint within 30 days after the filing of the complaint, or the notification or referral of a complaint, from the United States Department of Housing and Urban Development.2) Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator.
14.03.04.13.htm 14.03.04.13. 13 Conciliation Process.. A. Conciliation.. 1) During the period beginning with the initial filing of a complaint and ending with the certification of the file for processing for hearing or dismissal of the complaint, the Commission shall, to the extent feasible, attempt to conciliate the complaint.2) Written notice of the opportunity to conciliate shall be provided to the parties.. 3) In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the com
14.03.04.14.htm 14.03.04.14. 14 Certification for Hearing Processing.. A. Upon failure of conciliation, the Executive Director or designee shall certify the case for hearing processing.B. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending hearing.C. The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing.D. The General Counsel, o
14.03.04.15.htm 14.03.04.15. 15 Election of Civil Action or Provision of Administrative Proceeding.. A. Election Process.. 1) When a complaint is certified for further processing pursuant to State Government Article, §20-1025(a) Annotated Code of Maryland, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the complaint decided in a civil action under State Government Article, §20-1032, Annotated Code of Maryland, ins
14.03.04.16.htm 14.03.04.16. 16 Administrative Hearing Proceedings.. A. General Information.. 1) Scope.. a) This regulation contains the rules of practice and procedure established by the Maryland Commission on Human Relations and the Office of Administrative Hearings, under COMAR 28.02.01 in accordance with State Government Article, §20-1034, Annotated Code of Maryland, for administrative proceedings before an administrative law judge.b) This regulation applies only to an administrative law judge adjudication
14.03.04.17.htm 14.03.04.17. 17 Dismissals and Decisions.. A. Dismissals. If the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a State law and seeks relief for an alleged discriminatory housing practice has begun, an administrative law judge shall dismiss the administrative proceeding.B. Decision of Administrative Law Judge.. 1) In General.. a) Within the time period set forth in §B(6) of this regulation and State Government Article, §20-1028(a) Annotated Code of M
14.03.04.18.htm 14.03.04.18. 18 Judicial Review and Enforcement of Final Decision and Order.. A. Judicial Review of Final Decision and Order.. 1) Petition for Review.. a) Any party adversely affected by a final decision and order under Regulation .17E of this chapter may file a petition in the circuit court of the judicial circuit in which the discriminatory housing practice is alleged to have occurred under State Government Article, §20-1030(a) Annotated Code of Maryland.
14.03.04.19.htm 14.03.04.19. 19 Pattern and Practice.. A. Engagement in Pattern and Practice Discrimination. In accordance with State Government Article, §20-1036(a) Annotated Code of Maryland, the Commission may take action upon the finding by the Commission that it has probable cause to believe that:1) A person or group of persons is engaged in a pattern and practice of resistance to the full enjoyment of any of the rights granted by State Government Article, §20-701—20-710 and 20-1020—20-1037, A
14.03.04.9999.htm 14.03.04.9999. Administrative History Effective date: August 30, 1993 (20:17 Md. R. 1350). Chapter revised effective October 19, 1998 (25:21 Md. R. 1575) ―. Chapter revised effective May 5, 2008 (35:9 Md. R. 899) ―. Chapter revised effective April 18, 2011 (38:8 Md. R. 507).
<< Back | Return to Main COMAR Search Page