Laws

August 19, 2024

ADA Housing Laws and Regulations in Maryland

Zoe Harper

Marketing

Maryland works hard to make sure housing is open and fair for everyone. This includes people with disabilities. The state follows the Maryland Fair Housing Act. This Act matches federal laws but also adds more protections. It fights against discrimination for many reasons. These include disability, who you love, whether you're married, your gender identity, and how you make money. The law focuses a lot on apartment buildings with four or more units. It makes sure these places follow ADA rules and supports the rights of those with disabilities in Maryland.

Accessible housing aims to give equal chances to those with disabilities. In Maryland, landlords must make certain changes to help disabled people. This might mean changing rules or how things are done. These changes help disabled renters live better. People can ask for these changes at any time. This can be when applying, living there, or to avoid being kicked out. Requests can be spoken or written to staff.

Landlords need to act fast on these requests. This stops any waiting from being seen as a "no" from HUD. Once agreed, landlords must say how long the changes will take. They might also talk about other ways to help. Remember, landlords have to pay for these changes. If a landlord doesn't do right, you can take it to HUD or the Maryland Commission on Civil Rights¹.

Key Takeaways

The Maryland Fair Housing Act protects against discrimination based on disability, sexual orientation, marital status, gender identity, and sources of income.
Reasonable accommodations must be provided by property owners to ensure ADA compliance in housing.
Requests for reasonable accommodations can be made at any stage and must be responded to promptly.
Property owners are financially responsible for implementing reasonable accommodations.
Complaints can be filed with HUD or the Maryland Commission on Civil Rights if rights are violated.

Introduction to ADA Housing Laws

The Americans with Disabilities Act (ADA) is key in giving equal rights and chances, including in housing. Title I says employers with at least 15 employees must treat qualified disabled people the same as others. They can report job discrimination within 180 days to the U.S. Equal Employment Opportunity Commission². Title II requires state and local governments to follow design standards in new buildings and remodels. People can complain within 180 days to the Department of Justice².

Title III covers how businesses and nonprofits must be accessible to everyone. They need to change buildings and follow new construction guidelines². Title IV ensures people with hearing and speech disabilities have access to 24/7 relay services².

For homes built after March 13, 1991, with more than four units, they must meet the Fair Housing Act's accessibility standards³. In Maryland, programs help those with disabilities make their homes more accessible. The Maryland Accessible Homes for Seniors helps with costs for these changes³. Baltimore's HAMP offers financial help for home adjustments for residents with disabilities³.

ADA rules protect against unfair housing treatment in Maryland. They help ensure homes meet the needs of those with disabilities. Following these laws helps create welcoming, accessible communities for everyone.

Overview of the Maryland Fair Housing Act

The Maryland Fair Housing Act goes beyond the federal Fair Housing Act. It adds protections for sexual orientation, marital status, gender identity, and source of income⁴. This law is crucial in Maryland's effort to create inclusive housing. It ensures everyone has equal housing opportunities, no matter their identity⁵.

The Act bans several discriminatory practices. It's illegal to refuse to rent or sell property, to offer unfair loan terms, or to advertise in a biased way based on protected classes. It also makes it necessary for housing providers to make reasonable accommodations for people with disabilities. This ensures housing is accessible and inclusive for everyone⁵ ⁶.

Enforcement of this law is strong. MCCR offers free Video Remote Interpreting (VRI) services for those who are deaf, hard of hearing, or are not fluent in English. This helps with understanding during housing dealings or proceedings⁵. The Fair Housing Amendments Act of 1988 strengthens enforcement, ensuring strict adherence throughout⁶.

It's important to know that any multi-family housing built after March 13, 1991, has to follow accessibility guidelines. This policy makes sure housing is fully accessible to people with disabilities⁶. These efforts highlight Maryland’s commitment to fair housing and anti-discrimination. They support the broader mission of keeping housing fair and inclusive for everyone in Maryland⁴.

Understanding the Maryland Accessibility Code

The Maryland Accessibility Code ensures buildings are accessible to everyone. It applies to multifamily buildings and more. This code is vital for properties with four or more units⁷.

Key Provisions

The code covers both residential and commercial properties. It was set before the Americans with Disabilities Act (ADA) came into effect⁷. A key rule is that 2% of homes in larger buildings must have accessible parking⁷.

Parking space requirements are clear. They specify you need a 5-foot aisle for cars, and an 8-foot one for vans⁷.

There must be one van accessible space for every four parking spots. This rule helps make sure all buildings are accessible⁷.

Enforcement and Compliance

Local areas, including Baltimore City, enforce the code⁷. It makes sure properties are accessible for everyone. Businesses and nonprofits must follow these rules too⁸.

The code also protects people from being treated unfairly. If someone stands up for their rights, they should not be punished. The courts can make rule-breakers pay legal fees⁸.

For details on renters' rights and legal action, check out the People's Law Library. It has a lot of helpful information.

Fair Housing Rights for Individuals with Disabilities in Maryland

In Maryland, people with disabilities have special housing rights. These are protected by the Maryland Accessibility Code and the Fair Housing Act. They make sure those with disabilities get the needed disability accommodations. They are also shielded from unfair treatment in housing.

Reasonable Modifications

Landlords must allow changes to properties to help tenants with disabilities. These housing modification rights could include putting in ramps or making doorways wider. They might also involve adding grab bars in bathrooms⁹. For public housing, agencies must pay for and provide these changes⁹.

Sometimes, changes might mean moving tenants to units on the first floor. Or, it could mean giving parking spots closer to buildings for those who have trouble walking¹⁰. You can learn more about these rights from the HUD fact sheet.

Filing Complaints

If a landlord doesn't fix housing accessibility complaints, tenants can complain. This is because it's against the law to refuse the necessary changes that help people with disabilities. This law includes the Fair Housing Act and the ADA⁹. It's important for tenants to know their Maryland tenant rights.

They should use the tools they have to seek justice. You can find out how to complain by visiting housing legal centers and government sites.

How to File a Lawsuit for Non-Compliance in Maryland

In Maryland, if you're a tenant and find that your rental isn't following accessibility rules, there's a process to file a lawsuit. First, you should write a formal complaint to your property management about the problems. If they don't fix the issues within 30 business days, you can take legal steps¹¹. This includes filing a Maryland renters' lawsuit for not following accessibility and housing codes.

The Americans with Disabilities Act (ADA) outlines how to handle such cases. You can file complaints against government or private groups for not complying with the ADA¹². The Department of Justice's Civil Rights Division lets you submit ADA complaints online or by mail¹². Also, the ADA Mediation Program offers a private, optional way to solve the issue without going to court¹².

Under the Fair Housing Act, you can also report property owners, managers, and others who violate your rights. The Department of Housing and Urban Development (HUD) looks into these complaints. They ensure there's no discrimination, especially against people with disabilities¹³. HUD might share your report with local agencies to help investigate further¹³.

It's important to file your complaint within 60 business days of noticing an ADA violation. The ADA Compliance Officer has to reply within 30 business days. You should follow this timeline for any appeals too¹¹. If you win, you might get back your lawsuit costs and even damages. This shows why knowing the legal steps in accessibility cases is key¹¹.

Federal vs. State Accessibility Requirements

It's important to know the differences between ADA and Maryland laws for accessibility. Both federal and state laws share common goals but differ in details of how they are applied.

Key Differences

The ADA of 1990 fights disability discrimination with broad rules, updated in 2008¹⁴. Meanwhile, Maryland's laws offer more protections, especially for private housing. They let people sue landlords if they don't follow the rules. For HUD-funded projects, Section 504 makes sure housing is accessible when being built or changed activities ¹⁵. Also, in Maryland, projects with Low Income Housing Tax Credits must follow Section 504¹⁵.

Interplay Between ADA and State Laws

The relationship between ADA and Maryland laws creates a tricky path for compliance. Federal laws like ADA and Section 504 stop discrimination against people with disabilities¹⁵. But, Maryland can add more rules. HUD lets people use newer ADA Standards for Section 504 rules¹⁵. This way, places like NYC’s HPD can choose standards that fit local needs and codes¹⁵. This isn't always possible in other areas.

Getting federal and state housing laws to work together prevents problems and offers full protections for people with disabilities. Knowing these differences is key for those involved in housing and building projects. This ensures accessible environments for everyone, following both ADA and Maryland's rules.

Impact of Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act is a powerful law that focuses on housing. It strictly forbids any discrimination against people with disabilities. This important law makes sure people with disabilities have the same chances to get housing, protecting them from being treated unfairly. All groups getting money from the federal government must stick to Section 504 rules to fight discrimination¹⁶.

This law also applies to many housing situations. It covers all groups that receive federal aid, according to HUD’s rules. These rules require housing providers to make reasonable changes. They must treat everyone fairly, especially when it comes to people with disabilities¹⁶.

Moreover, Section 504 helps with Maryland’s housing subsidy rights. People with these rights get extra protection under this federal law. They can ask for easier access to units and changes that make living spaces more accessible¹⁷. This means housing providers can’t treat them differently or say no because they’re uncomfortable with disabilities¹⁶.

Although it connects with ADA protections, Section 504 stands out for federally-supported housing. It insists on fair treatment and says no to extra security deposits for disabilities. This strengthens the commitment to safeguard people with unique housing needs¹⁶.

To wrap up, Section 504 boosts broader civil rights laws on disability. It tackles every aspect of discrimination in housing with federal support¹⁶. It makes sure people with disabilities get the help and fair chances they need for housing in Maryland and other places.

Legal Support and Resources for Tenants in Maryland

Maryland tenants can find lots of legal help and resources. They help protect rights under ADA and state housing laws. This is key for fair housing and fighting discrimination.

Accessing Legal Aid

Tenants in Maryland can get legal aid for Marylanders from groups like Disability Rights Maryland (DRM). DRM offers free legal help to people with disabilities, like physical and developmental issues¹⁸. They provide advice, counseling, and help with lawsuits at no cost¹⁸. Plus, the Office of Special Education and local groups help students with disabilities¹⁹. For eviction issues, Howard County’s Office of Consumer Protection helps with lease issues and evictions²⁰.

Educational Resources

It's important for tenants to know their rights. DRM has educational resources to raise awareness about tenants' rights and ADA support¹⁸. Programs help seniors and disabled folks make their homes accessible¹⁹. Howard County also has guides in multiple languages, like the Tenant's Guide to Residential Evictions. These help people know their rights and what they should do under local housing laws²⁰.

Responsibilities of Landlords Under ADA Housing Laws in Maryland

Landlords in Maryland must make sure their properties meet federal and state accessibility standards. For any multifamily buildings built after 1990 or majorly renovated, providing accessible units is a must. This is especially true for buildings with four units or more²¹. Doing so helps landlords meet ADA requirements.

Landlords need to adjust rules or services to assist renters with disabilities. This may include letting service animals into no-pet buildings, adding grab bars in restrooms, or creating accessible parking spots²². They have to do this unless it's too costly or difficult²².

Different people, like owners, managers, and agents, play a role in meeting these standards. They all have to follow through on requests for reasonable adjustments or physical changes to buildings²³. For instance, landlords must consider accessibility when they're building or updating properties with at least four units²¹.

It's important for landlords to have clear rules about accommodating renters, teach their staff about these rules, and keep records of requests and actions²². Since 1968, the Fair Housing Act has aimed to stop housing discrimination, highlighting the need for equal housing chances²². Landlords also must ensure they have the right insurance for any accommodation-related issues²².

If landlords ignore ADA and Maryland's laws, they face big troubles. They could have to make their buildings accessible, pay for lawsuits, and cover damages for not following the rules²¹. Thus, it's key for landlords to stay updated and active in adhering to ADA laws. This supports equal housing for everyone.

Common Challenges in ADA Housing Compliance

ADA compliance issues are a big challenge in making housing accessible for people with disabilities. A major problem is the high costs of renovating to meet ADA standards. These costs can stop property owners from making needed changes. This issue is even bigger in Maryland, where it's tough to follow both federal and state laws.

Besides, it's hard to balance between the ADA rules and state-specific codes. For example, the ADAAA of 2008 made the term "disability" broader, adding more protections. Yet, this makes it harder for landlords and developers²⁴ to stay in compliance. Federal housing laws require certain units to be accessible for people with mobility, hearing, or visual disabilities in new constructions³. But, local laws often conflict with these rules, making it confusing to follow.

Also, many landlords and developers don't know enough about ADA requirements. They are not aware of Maryland's programs that help with home improvements and grants³. Without knowing these resources, the cost of ADA compliance seems too high.

These issues show the need for better education and enforcement of ADA housing laws. If we could make the rules clearer and help with costs, it would be easier to provide accessible housing for people with disabilities in Maryland.

Conclusion

Maryland works hard to make sure people with disabilities have fair housing chances. The Americans with Disabilities Act of 1990 fights against discrimination, including in housing. This act helps people with disabilities live in places that meet their needs²⁵. The Maryland Fair Housing Act and other local laws also protect against unfair treatment. They cover things like who you love or your marital status²⁶.

If you're looking for a place to live, knowing your rights is key. Landlords must make certain changes to help you, like allowing service animals²⁷. If you face discrimination, you can complain to state or local agencies. You can also take legal steps under laws like the Fair Housing Act.

Understanding both federal and state laws helps everyone. It's important for tenants and landlords to know these rules. This makes sure people with disabilities are included and have equal housing chances. For more info on what changes you can request, check out the official fair housing policy ²⁶.

FAQ

What is the Maryland Fair Housing Act?

The Maryland Fair Housing Act goes beyond federal rules. It also protects against discrimination based on sexual orientation, marital status, gender identity, and income sources like child support or veterans benefits. This law applies to housing communities with at least four units.

How does the Americans with Disabilities Act (ADA) support housing rights?

The ADA guards the rights of people with disabilities in many areas, including housing. It fights discrimination and calls for accessibility in larger housing developments.

What additional protections does the Maryland Fair Housing Act provide?

This law safeguards against discrimination for sexual orientation, marital status, gender identity, and certain income sources. It focuses on communities with four or more housing units.

What does the Maryland Accessibility Code require for multifamily landlords?

Multifamily landlords must follow the Maryland Accessibility Code. It requires them to add accessibility features when building or remodeling. Local jurisdictions, including Baltimore City, make sure this rule is followed.

Can individuals with disabilities sue for accessibility accommodations in Maryland?

People can sue if a landlord doesn't allow needed changes to make a place accessible. Landlords, especially in federally supported housing, often have to pay for these changes.

What should renters do to file a lawsuit for non-compliance with accessibility codes?

If you're a renter, first send a letter of complaint to your property manager. If not fixed in 30 days, you can legally challenge them. Winning the case could cover your legal expenses and more.

How do federal and state laws differ concerning accessibility requirements?

Federal and state laws cover many of the same areas, but Maryland offers extra protections, like the option to take legal action against non-compliant landlords.

What is the significance of Section 504 of the Rehabilitation Act in housing?

Section 504 builds on the ADA and Maryland's laws. It lets people in government-assisted housing ask for needed changes or accessible housing options to avoid discrimination.

Where can Maryland tenants access legal support and resources?

Maryland residents can get help from the Maryland Disability Law Center. They offer education on housing rights, help with complaints, and assist in asking for housing changes.

What responsibilities do landlords have under ADA housing laws in Maryland?

Landlords must keep up with federal and state access rules. They need to follow building codes, allow changes for access, and sometimes cover the costs, especially in government-backed housing.