Strengthen Fair Housing in Maryland: Urge Your Senator to Support SB107!

 

In 39 states, fair housing testers use a  recording device to accurately capture the conversation with a housing provider which can later be used as evidence if the provider violates civil rights law. In Maryland, testers cannot record  conversations in the same way. 

Restricting this ability to effectively test and capture evidence of discrimination weakens enforcement of fair housing in our state. Other states are using recording to enforce the law. In New York, fair housing organizations and New York City won a $2.2 million settlement for source of income discrimination. New Jersey won a $40,000 settlement for source of income discrimination. Virginia also won a recent settlement for source of income discrimination. Maryland, despite finding cases of source of income housing discrimination, has not been able to reach a settlement because we can’t record in the same way that provides strong enough proof to lead to a settlement. 

In the current Annapolis Session, SB107 allows qualified fair housing organizations to use recording devices for testing purposes. There are several benefits to this, including:

(1) Strengthening Fair Housing Enforcement & Justice. The ability to document test experiences through audio recordings provides incontrovertible evidence of illegal housing discrimination

(2) Protecting Testers and Housing Providers. Having an exact account of a conversation protects testers from any credibility or bias as well as protects housing providers from false allegations, misunderstandings, or faulty memories of testers. 

(3) Resulting in More Efficient Allocation of Resources. Saves fair housing organizations money because they can reduce the number of testers, saving using city, county, state, and using federal funds more efficiently and effectively. The use of recorders also allows organizations to maintain the highest investigative standards. 

Urge your senator on the Judicial Proceedings Committee to vote YES on SB107.

Go to Economic Action Maryland

Justice Department Sues Six Large Landlords for Algorithmic Pricing Scheme that Over-Charged Millions of American Renters

 

The US Department of Justice (DOJ), together with its 10 state co-plaintiffs, has filed an amended complaint in its antitrust lawsuit against RealPage, to sue six of the nation’s largest landlords for participating in algorithmic pricing schemes that harmed renters. The amended complaint alleges the landlords - Greystar Real Estate Partners LLC (Greystar); Blackstone’s LivCor LLC (LivCor); Camden Property Trust (Camden); Cushman & Wakefield Inc and Pinnacle Property Management Services LLC (Cushman); Willow Bridge Property Company LLC (Willow Bridge); and Cortland Management LLC (Cortland) - participated in an unlawful scheme to decrease competition among landlords in apartment pricing, harming millions of American renters. These landlords operate over 1.3 million units in 43 states and the District of Columbia. 

The Attorneys General of Illinois and Massachusetts joined the amended complaint as co-plaintiffs, increasing the total number of State and Commonwealth co-plaintiffs to 10 (California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee, and Washington). DOJ simultaneously filed a proposed consent decree with Cortland that requires it to cooperate with the government, stop using its competitors’ sensitive data to set rents, and stop using the same algorithm as its competitors without a corporate monitor.

The amended complaint alleges that the six landlords participated in a scheme to set their rents using each other’s competitively sensitive information through common pricing algorithms.  Along with using RealPage’s anticompetitive pricing algorithms, these landlords coordinated through a variety of means, including:

• Directly communicating with competitors’ senior managers about rents, occupancy, and other competitively sensitive topics. For example, Greystar supplied Camden with information not only about very recent renewal rates, but also its approach to pricing for the upcoming quarter, its acceptance of RealPage’s pricing recommendations, use of concessions and competitively sensitive information about occupancy. Similarly, executives at Camden and LivCor communicated over the course of months about their pricing strategies, including plans for certain price increases.
• Regularly conducting “call arounds.” During these discussions, referred to as “market surveys,” property managers called or emailed competitors to share, and sometimes discuss, competitively sensitive information about rents, occupancy, pricing strategies, and discounts.
• Participating in “user groups” hosted by RealPage. For instance, landlords discussed via user groups how to modify the software’s pricing methodology, as well as their own pricing strategies. For example, LivCor and Willow Bridge executives participated in a user group discussion of plans for renewal increases, concessions, and acceptance rates of RealPage rent recommendations.
• Sharing information with competitors about parameters in RealPage’s software. As an example, at the request of Willow Bridge’s director of revenue management, Greystar’s director of revenue management supplied its standard auto-accept parameters for RealPage’s software, including the daily and weekly limits and the days of the week for which Greystar used “auto-accept.”

DOJ also announced a proposed consent decree that, if approved by the court, would resolve its claims against Cortland, a landlord that manages over 80,000 rental units in 13 states. Under the proposed consent decree, Cortland would cooperate in the DOJ investigation and litigation and be barred from, among other things: (1) Using competitors’ competitively sensitive data to train or run any pricing model; (2) Using third-party software or algorithms to price apartments without the supervision of a court-appointed monitor; and (3) Soliciting, disclosing, or using any competitively sensitive information with any other property manager as part of setting rental prices or generating rental pricing recommendations.

As required by the Tunney Act, the proposed consent decree, along with the competitive impact statement, will be published in the Federal Register. The 1974 Act, also known as the Antitrust Procedures and Penalties Act, requires federal courts to review certain DOJ decisions.

Any person may submit written comments concerning the proposed consent decree during a 60-day comment period to Chief, Technology and Digital Platforms Section, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 8600, Washington, D.C. 20530. At the end of the comment period, the U.S. District Court for the Middle District of North Carolina may enter the final judgment upon finding it is in the public interest.

Proposed Final Judgment - US et al. v. RealPage Inc.pdf

Amended Complaint - U.S. et al. v. RealPage Inc..pdf

Read the January 7, 2025 DOJ press release.

US Department of Justice Corrects Legal Record on Horrific 1921 Tulsa Race Massacre

 

A new report by the US Department of Justice (DOJ) has concluded that the 1921 attack in Tulsa's Greenwood District was the result of racially motivated violence targeting Black residents, refuting an initial federal account from the time. A coordinated attack by thousands of White people led to the slaughter of hundreds of Black residents. DOJ conducted the reexamination of the case under the Emmett Till Unsolved Civil Rights Crime Act, which allows it to examine fatalities caused by civil rights crimes that occurred on or before December 31, 1979.

DOJ said a recent four-month reexamination of evidence in the case, known as the Tulsa Race Massacre, found that what an investigator described a month after the attack as spontaneous violence was, in fact, a coordinated effort by White perpetrators to decimate a thriving community known as “Black Wall Street.” The attackers, organized and aided by law enforcement, shot, beat, and arrested Black residents while burning and looting 35 city blocks over several hours on May 31, 1921, DOJ concluded. White authorities promised to help rebuild the community but instead put up barriers to financial assistance and offered no avenues for legal redress, investigators said.

The findings refute much of the initial report on the crime, in which a DOJ investigator at the time wrote that the violence was a “small” and “half-hearted” lynching attempt after a White man falsely accused a 19-year-old Black man named Dick Rowland of assaulting a White woman in an elevator.

Since then, historians have established a narrative consistent with DOJ’s new report, which is based on examining documents, witness accounts, and scholarly and historical research. The massacre “stands out as a civil rights crime unique in its magnitude, barbarity, racist hostility, and its utter annihilation of a thriving Black community,” Assistant Attorney General Kristen Clarke said. “Until this day, the Justice Department has not spoken publicly about this race massacre or officially accounted for the horrific events that transpired in Tulsa.”

Read the January 10, 2025 Washington Post article.

Read the January 10, 2025 DOJ press release.

Maryland Commission on Civil Rights Honors the Life, Leadership, and Legacy of President Jimmy Carter

 

Tuesday, December 31, 2024

Image Credit: National Park Service Dream Bigger. Fight Harder. Lead with Heart. It is with profound sadness and reverence that we acknowledge the passing of President Jimmy Carter, a towering figure whose life was a testament to the ideals of equity, justice, and human dignity. As the 39th President of the United States, he not only led with unwavering integrity but also exemplified the moral courage required to advance the causes of fairness and equality in every corner of our nation and beyond. President Carter's legacy transcends his time in office. Through his relentless advocacy for human rights, his commitment to eradicating poverty, and his ceaseless pursuit of peace, he reminded us all of the power of leadership rooted in compassion and conviction. His work with Habitat for Humanity and the Carter Center illuminated the transformative potential of service and inspired generations to believe in the possibility of a more equitable world. At the Maryland Commission on Civil Rights, we honor President Carter's enduring commitment to civil rights and social justice. His leadership taught us that progress is neither easy nor guaranteed, it is the product of courage, perseverance, and an unyielding belief in the inherent worth of every individual. His life challenges us to continue dismantling barriers, uplifting marginalized voices, and fostering inclusive communities. As we reflect on his extraordinary life, let us recommit ourselves to the values he championed. Let us strive to build a world where fairness prevails, where justice is accessible to all, and where humanity's shared potential is realized. President Jimmy Carter's legacy will forever inspire us to dream bigger, fight harder, and lead with heart. May we honor his memory not only in words but in action, as we continue the vital work of creating a more just and equitable society. Our thoughts and prayers are with the Carter family and all who were touched by his remarkable life.

Victim of Discrimination? Training & Partnerships

UPCOMING EVENTS Saturday, January 11, 2025 from 9am to 3pm: Protecting Civil Rights During Challenging Times Symposium

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US Homelessness Increases 18.1% as Many Lack Affordable Housing

The U.S. had an 18.1% increase in homelessness in 2024, a dramatic rise driven mostly by a lack of affordable housing as well as devastating natural disasters and a surge of migrants in several parts of the country. The U.S. Department of Housing and Urban Development said federally required tallies taken across the country - the annual Point-In-Time (PIT) Count - in January found that over 770,000 were counted as homeless. This number misses some people and does not include those staying with friends or family because they do not have a place of their own.

The source of the data was Part 1: Point-In-Time Estimates of Homelessness of HUD's The 2024 Annual Homelessness Assessment Report (AHAR) to Congress, an annual report to Congress providing nationwide estimates of homelessness, including information about the demographic characteristics of homeless persons, service use patterns, and the capacity to house homeless persons. HUD released it on December 27, 2024.

2024's 18.1% increase comes after 2023's 12.0% increase, which HUD said was caused by soaring rents, the end of pandemic assistance, and by people experiencing homelessness for the first time. The numbers overall represent 23 of every 10,000 people in the U.S., with Black people being overrepresented among the homeless population.

Among the most serious trends was a nearly 40% rise in family homelessness - among the areas most affected by the arrival of migrants in big cities. Family homelessness more than doubled in 13 communities impacted by migrants including Denver, Chicago, and New York City, while it rose less than 8% in the other 373 communities. Almost 150,000 children were homeless on a single night in 2024, a 33% jump from last year. California, the most populous state, continued to have the nation’s largest homeless population, followed by New York, Washington, Florida and Massachusetts.

According to the National Low Income Housing Coalition (NLIHC), to fully address America’s affordable housing and homelessness crisis, "Congress must invest at the scale needed to ensure that renters with the lowest incomes have an affordable place to call home. As outlined in NLIHC’s national HoUSed campaign policy agenda, federal investments are needed to bridge the gap between incomes and housing costs through universal rental assistance, build and preserve rental homes affordable to people with the lowest incomes, prevent evictions and homelessness by stabilizing families during a crisis, and strengthen and enforce renter protections to address the power imbalance that tilts heavily in favor of landlords."

While the data presents a grim picture, it also "demonstrates that success is possible when the federal government prioritizes evidence-based solutions and funds these resources to scale," said the National Alliance to End Homelessness (NAEH). One notable example is the reduction in veteran homelessness. From 2023 to 2024, veteran homelessness dropped by 7.6%, with unsheltered veteran homelessness falling 10.7%. This marks the continuation of a successful federal strategy that has reduced veteran homelessness by over 55% since 2010, one of the most significant achievements in the fight to end homelessness. In addition, several large cities had success reducing their homeless numbers. Dallas, which overhauled its homeless system, saw a 16% drop during 2022-2024. Los Angeles, which increased housing for the homeless, had a 5% decrease in unsheltered homelessness since 2023.

Read the December 27, 2024 AP News Article.

Read the December 27, 2024 NLIHC's full statement.

Read the December 27, 2024 NAEH article.

Senator Smith (D-MN) Introduces “Mapping Housing Discrimination Act”

Senator Tina Smith (D-MN) has introduced the “Mapping Housing Discrimination Act” (S.5534) in the U.S. Senate last week. The bill would support efforts to map and digitize data on racially restrictive covenants in property records and establish a grant program to enable educational institutions to collect and analyze racial covenants and racially or ethnically restrictive language in local governments’ property records. The legislation would also help local governments digitize deeds and would create a publicly accessible database administered by HUD to gather together information about historic housing discrimination patterns in property records.  

The National Low Income Housing Coalition (NLIHC) has endorsed the legislation and will work with Senator Smith’s office to support efforts to document the impacts of racial covenants and other tools of discrimination used to keep Black families and other households of color from moving into certain neighborhoods. While such racial covenants were made illegal by the Fair Housing Act of 1968, documenting such records is crucial to tracking the history of housing discrimination, along with the impacts of housing segregation that persist today.  

Senator Smith also introduced a similar bill in July, 2021, that would examine the connection between historical racial discrimination and current racial disparities in housing. The bill would have created "a grant program for academic institutions to study the history of racially restrictive covenants - which were used as tools of discrimination to keep Black families and other households of color from moving into all-white neighborhoods - to better understand their scope and legacy. The bill would create a national, public database at HUD of historical housing discrimination patterns in property records and support local governments’ efforts to digitize local property records."

Read the 2024 bill text here. 

Read more about the history of fair housing in “Lofty Rhetoric, Prejudiced Policy: The Story of How the Federal Government Promised— and Undermined—Fair Housing” in NLIHC’s 2024 Advocates’ Guide.  

Recent Data on Maryland: Housing is Unaffordable for Many

Shortage of Affordable Housing

According to the June, 2024 "Maryland Housing Profile" compiled by the National Low Income Housing Coalition (NLIHC), Maryland has "a shortage of rental homes affordable and available to extremely low income households (ELI), whose incomes are at or below the poverty guideline or 30% of their area median income (AMI). Many of these households are severely cost burdened, spending more than half of their income on housing. Severely cost burdened poor households are more likely than other renters to sacrifice other necessities like healthy food and healthcare to pay the rent, and to experience unstable housing situations like evictions." The statistics are stark:

197,310 or 26% - .Renter households that are extremely low income.

-134,192 - Shortage of rental homes affordable and available for extremely low income renters.

$37,740 - Average income limit for 4-person extremely low income household.

$76,345 - Annual household income needed to afford a two-bedroom rental home at HUD's Fair Market Rent.

73% - Percent of extremely low income renter households with severe cost burden.

According to the NLIHC's Out of Reach: The High Cost of Housing (2024), working at minimum wage of $15.00/hour each week you have to work 82 hours to afford a modest 1 bedroom rental home at the State's Fair Market Rent. In Maryland, the Fair Market Rent (FMR) for a two-bedroom apartment is $1,909. In order to afford this level of rent and utilities - without paying more than 30% of income on housing - a household must earn $6,362 monthly or $76,345 annually. Assuming a 40-hour work week, 52 weeks per year, this level of income translates into an hourly Housing Wage of $36.70.

Read the Maryland profile in the NLIHC's Out of Reach report.

Housing Inventory Characteristics

In 2019-2023, Maryland had a total of 2.5 million housing units. Of these housing units:

72.4% were single-family houses either not attached to any other structure or attached to one or more structures (commonly referred to as "townhouses" or "row houses"). 

26.2% of the housing units were located in multi-unit structures, or those buildings that contained two or more apartments. 

1.3% were mobile homes, while any remaining housing units were classified as "other," which included boats, recreational vehicles, vans, etc.

When was the Housing Built?

8.6% of the housing inventory was comprised of houses built since 2010, while 10.8% of the houses were first built in 1939 or earlier. The median number of rooms in all housing units in Maryland was 6.2 rooms, and of these housing units 66.4 percent had three or more bedrooms (Source: DP04 | Selected Housing Characteristics).

Occupied Housing Characteristics

In 2019-2023, Maryland had 2.3 million housing units that were occupied or had people living in them, while the remaining 206,022 were vacant. 

Of the occupied housing units, the percentage of these houses occupied by owners (also known as the homeownership rate) was 67.5% while renters occupied 32.5%. The average household size of owner-occupied houses was 2.70 and in renter-occupied houses it was 2.34.

Some 9.3% of householders of these occupied houses had moved into their house since 2021, while 10.9% moved into their house in 1989 or earlier. Households without a vehicle available for personal use comprised 8.7% and another 22.1% had three or more vehicles available for use (Source: DP04 | Selected Housing Characteristics).

Financial Characteristics and Housing Costs

In 2019-2023, the median property value for owner-occupied houses in Maryland was $397,700.

Of the owner-occupied households, 71.5% had a mortgage. 28.5% owned their houses "free and clear," that is without a primary mortgage or loan on the house. The median monthly housing costs for owners with a mortgage was $2,301 and for owners without a mortgage it was $728.

For renter-occupied households, the median gross rent for Maryland was $1,662. Gross rent includes the monthly contract rent and any monthly payments made for electricity, gas, water and sewer, and any other fuels to heat the house (Source: DP04 | Selected Housing Characteristics).

Disability

In Maryland, among the civilian noninstitutionalized population in 2019-2023, 11.4% reported a disability. The likelihood of having a disability varied by age - from 4.3% of people under 18 years old, to 9.2% of people 18 to 64 years old, and to 29.6% of those 65 and over (Source: DP02 | Selected Social Characteristics in the United States).

Go to the Census Bureau's 1999-2023 Maryland Narrative Profile.