Consumers and agents all have rights and responsibilities to promote a home buying or selling process free from discrimination. Here’s what Maryland residents need to know about how federal, state, and local laws protect them during a transaction.
What is “fair housing” and how does it help me?
Fair Housing laws prohibit discrimination in housing and housing-related transactions based on certain characteristics of the individuals involved. These are known as “protected classes.”
Current protected classes in Maryland include: race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, gender identity, source of income, and, as of October 1, 2024, active-duty military status. Some cities and counties in Maryland have additional classes, including status as a military veteran, political opinion, or presence of children.
Treating individuals of a protected class differently hurts all sides of a home transaction, closes the door on the American dream of homeownership, and perpetuates economic inequality. Homebuyers, home sellers and real estate professionals depend on strong fair housing laws and practices for our communities and economy to thrive.
How do fair housing laws apply to me as a buyer?
You should expect to receive the same professional service in the homebuying process regardless of any protected characteristic. This includes equitable treatment by your agent, the seller, the seller’s agent, appraisers, lenders, and others involved in your home search and purchase. You should also expect your agent to provide you with home options in your price range regardless of the racial or ethnic composition of neighborhoods. When you sign your buyer representation agreement at the start of your real estate transaction, it will contain a notice that outlines these obligations.
How do fair housing laws apply to me as a seller?
You cannot discriminate when selling your home based on the buyer’s status as a member of a protected class. You also cannot instruct your agent to conduct a sale any differently based on these prohibited reasons. That means you cannot advertise your home to just one or to a limited number of groups. As part of your residential brokerage agreement, you will agree to abide by all applicable fair housing laws in your area.
How does working with a REALTOR® help ensure fair housing practices are followed?
In addition to an obligation to comply with applicable fair housing laws, REALTORS® adhere to the highest ethical standards. the REALTOR® Code of Ethics obligates REALTORS® to provide equal professional services to all consumers. Among other ethical duties, REALTORS® must not discuss the demographic composition of a neighborhood, advertise a property in a way that indicates any preference, limitations, or discrimination for a prohibited reason.
Where can I report suspected discrimination in the homebuying or selling process?
Report housing discrimination to the Office of Fair Housing and Equal Opportunity (FHEO) at the Department of Housing and Urban Development (HUD) and ethical violations to Maryland REALTORS®. You can also report concerns to the Maryland Commission on Civil Rights through their online complaint portal. Fair housing laws prohibit harassment or intimidation if you report discriminatory behavior.
To learn more about Fair Housing and protected classes in Maryland, see our Fair Housing page and download our brochure, which is available in both English and Spanish.
