Maryland Human Relations Commission Section 20

Article - Human Relations Commission

§ 20.

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Aggrieved person" means any person who claims to have been injured by a discriminatory housing practice.

      (c)      "Complainant" means the person who files a complaint of a discriminatory housing practice under this article.

      (d)      "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the Commission.

      (e)      "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

      (f)      "Covered multifamily dwelling" means:

            (1)      A building consisting of 4 or more units, if the building has 1 or more elevators; or

            (2)      A ground floor unit in a building consisting of 4 or more units, if the building has no elevator.

      (g)      "Discriminatory housing practice" means an act that is unlawful under § 22, § 23, or § 24 of this subtitle.

      (h)      "Dwelling" means 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.

      (i)      (1)      "Familial status" means the status of 1 or more individuals who are under age 18 and being domiciled with:

                  (i)      A parent or other person having legal custody of the individual; or

                  (ii)      The designee of a parent or other person having legal custody of the individual, with the written permission of the parent or other person.

            (2)      "Familial status" includes the status of being:

                  (i)      A pregnant woman; or

                  (ii)      An individual who is in the process of securing legal custody of an individual under age 18.

      (j)      "Family" includes a single individual.

      (k)      (1)      "Disability" means for an individual:

                  (i)      A disability that substantially limits 1 or more of an individual's major life activities;

                  (ii)      A record of having a disability that substantially limits 1 or more of an individual's major life activities; or

                  (iii)      Being regarded as having a disability that substantially limits 1 or more of an individual's major life activities.

            (2)      "Disability" does not include current illegal use of or addiction to:

                  (i)      A controlled dangerous substance defined in § 5-101 of the Criminal Law Article; or

                  (ii)      A controlled substance defined in § 102 of the Federal Controlled Substances Act (21 U.S.C. 802).

      (l)      (1)      "Housing for older persons" means housing:

                  (i)      Provided under any State or federal program that is specifically designed and operated to assist elderly persons, as defined in the State or federal program;

                  (ii)      Intended for, and solely occupied by, persons 62 years of age or older;

                  (iii)      Intended and operated for occupancy by at least 1 person 55 years of age or older per unit; or

                  (iv)      That meets the requirements set out in regulations adopted by the Secretary of the U.S. Department of Housing and Urban Development under Title 42, § 3607(b)(2)(C) of the U.S. Code (federal Fair Housing Act).

            (2)      "Housing for older persons" includes:

                  (i)      Unoccupied units, if the units are reserved for occupancy by individuals who meet the age requirements of paragraph (1) of this subsection; or

                  (ii)      Units occupied as of September 13, 1988 by individuals who do not meet the age requirements of paragraph (1) of this subsection, if the new occupant of the unit meets the age requirement.

      (m)      "In the business of selling or renting a dwelling" means:

            (1)      Within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or of any interest in a dwelling; or

            (2)      Within the preceding 12 months, participated as an agent, other than in the sale of the individual's own personal residence, in providing sales or rental facilities or services in 2 or more transactions involving the sale or rental of any dwelling or any interest in a dwelling; or

            (3)      Being the owner of any dwelling designed or intended for occupancy by, or occupied by, 5 or more families.

      (n)      "Marital status" means the state of being single, married, separated, divorced, or widowed.

      (o)      "Person" 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.

      (p)      "Prevailing party" has the meaning stated in 42 U.S.C. § 1988.

      (q)      "To rent" includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

      (r)      "Residential real estate related transaction" means:

            (1)      The making or purchasing of loans or providing other financial assistance:

                  (i)      For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

                  (ii)      Secured by residential real estate; or

            (2)      The selling, brokering, or appraising of residential real property.

      (s)      (1)      "Respondent" means a person accused in a complaint of a discriminatory housing practice.

            (2)      "Respondent" includes a person identified during an investigation of a complaint and joined as an additional or substitute respondent under this subtitle.

      (t)      "Restrictive covenants" means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, marital status, sexual orientation, sex, familial status, disability, or national origin.

      (u)      "Sexual orientation" means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality.



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