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MD Real Estate: Fair Housing and Consumer Protection

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Fair Housing and Consumer Protection

The protected classes

Federal Fair Housing Act: race, color, religion, sex (HUD treats sexual orientation and gender identity as covered under sex), national origin, familial status, and disability. Maryland adds marital status, sexual orientation, gender identity, and source of income - source of income is the most frequently tested state addition. Local jurisdictions add more. Disability includes the right to a reasonable accommodation and reasonable modification.

Prohibited acts

Refusing to rent or sell, offering different terms, discriminatory advertising, steering, blockbusting, redlining, and retaliation. HUD advertising guidelines treat phrases like 'no children,' 'perfect for a Christian family,' or 'no vouchers/Section 8' as evidence of discrimination - and in Maryland the last is illegal because source of income is protected. Paired testing is a standard enforcement tool.

Exemptions

The 'Mrs. Murphy' exemption (owner-occupied building of four or fewer units), limited private single-family rentals, and housing for older persons (62+, or 55+ meeting HUD requirements). These exemptions are narrow and never authorize discriminatory advertising.

Consumer protection and antitrust

Maryland's Consumer Protection Act prohibits unfair or deceptive trade practices. RESPA bars referral fees among settlement service providers (affiliated business arrangements require disclosure). Antitrust law forbids price fixing, group boycotts, and market allocation - licensees may not discuss or agree on commission rates, and the Commission publishes no rates.

Trap

Memorizing only the seven federal classes. In Maryland, always add marital status, sexual orientation, gender identity, and source of income.