An Introduction to the Maryland Fair Housing Laws
An estimated 10 million rental units exist in Maryland, according to the Maryland Department of Housing and Community Development. Of those, approximately 2-5% are occupied by families covered under the Federal Housing Choice Voucher Program, commonly known as Section 8. Recent estimates from the Maryland Department of Housing and Community Development state there are around 95,000 properties registered with the department.
Fair housing laws set out standards for how landlords can treat tenants while ensuring tenants are treated equally and with respect. In Maryland, many fair housing laws exist at both the federal and state levels, and they have been enacted over time to provide protections for a variety of groups. These laws were designed to protect not just renters but also property owners and landlords from discrimination and bias.
Maryland makes a number of allowances for property owners to refuse to rent to people without a reliable source of income , such as veterans who have served their county. However, this does not mean that only those with perfect credit are allowed — rather, landlords may place reasonably low restrictions on who they will rent to, and they are allowed to perform routine background checks.
As with all federal and state landlord-tenant laws, there is a "protected class" of individuals who cannot be discriminated against by any property owner, lender, landlord, or real estate agent. These protected classes include individuals who have some form of disability, individuals with children, pregnant women, women looking to become pregnant, people who receive public assistance (often Section 8 benefits) on the state level, and individuals of different religions.
Guaranteed Protections Under the Maryland Fair Housing Laws
Maryland fair housing laws uphold four basic rights regarding the rental or sale of housing. These four rights include the right to:
- Enter housing without being subjected to discrimination;
- Have housing available for sale or rent, and to rent or purchase a dwelling;
- Set the price for housing without interference; and
- Use and enjoy your home in peace and quiet.
These rights are enjoyed by all people in Maryland regardless of their characteristics. An exercise known as protected class prescribes the specific groups the law protects. The protected classes under Maryland fair housing laws include:
· Race
· Color
· National Origin
· Religion
· Sex
· Familial Status
· Disability
Fair housing laws prevent housing providers from discriminating against a member of a protected class. The laws apply to virtually all housing transactions within Maryland, regardless of size. Which means, even landlords who own a small number of rental properties are subject to the same provisions and protections under the law as a large apartment or condominium complex.
Tenants and Landlords – Your Rights and Responsibilities
As a tenant, you have certain rights and responsibilities as a result of Maryland fair housing legislation. Under Maryland law, tenants have the right to access housing that is free from discrimination. It is unlawful to refuse to rent, lease or sell any residential property based on a person’s race, color, religion, sex, marital status, sexual orientation or national origin. Reasonable accommodations for a disability must also be provided. Tenants shall not be discriminated against in terms of privilege or services associated with housing. Harassment or intimidation of a tenant based on a protected class is illegal. They are also protected from being coerced or threatened to refrain from exercising their rights. If a landlord, owner or property manager violates these laws, they may be prosecuted to the fullest extent of the law.
In addition to tenants’ rights, there are certain things that are expected of them under Maryland law. A tenant shall comply with the terms of a lease, pay rent on time and keep their part of the unit clean. Not complying can result in an eviction, but that can only be done according to state law.
Similarly, landlords have certain rights and responsibilities when it comes to fair housing and Maryland law. Under Maryland law, landlords’ rights include that they expect tenants to follow the law, pay their rent and respect the property. Fair housing law requires that a landlord not discriminate on the basis of race, color, religion, sex, marital status, sexual orientation, national origin, disability, or familial status. A housing provider must make reasonable accommodations for individuals with a disability. Reasonable modifications may be required. Familial status prohibits treating families with children differently or unequally. These laws also apply to commercial purposes like sales, marketing and advertising. Additionally, in Maryland, "landlord" is broadly defined to also include employers, municipalities and union groups.
On Maryland fair housing laws, both tenants and landlords have certain rights and responsibilities. Both landlords and tenants should know and understand the law to ensure compliance.
Filing a Complaint on Fair Housing in Maryland
Guidelines on how to proceed with a Fair Housing Action in Maryland
The Maryland Office of Human Relations (OHR), the DC Office of Human Rights (OHR), and the Baltimore City Commission on Human Relations (BC-CHR) are all government agencies that adjudicate housing complaints.
Complaints are also handled by the United States Department of Housing and Urban Development (HUD). HUD is the principal federal agency for fair housing. HUD investigates and conciliate housing discrimination claims based on persons’ race, color, religion, sex, national origin, disability and familial status.
While the Maryland Commission on Civil Rights looks into housing discrimination issues through its Local Commissions, the Maryland Department of Housing and Community Development provides assistance for housing related issues.
To file a formal complaint about a fair housing violation in Maryland, one must typically contact the Maryland Department of Housing and Community Development. So essentially, if someone believes he or she has been discriminated against in the process of getting housing, they should start by filing a complaint with that particular agency. There are a few types of complaints regulated by the department. The first are "discriminatory lease terms." A discriminatory lease term is when the lease agreement between landlord and tenant contains clauses that violate the Fair Housing Act. The second is where a tenant believes he or she was denied housing. Finally, a tenant also has the option of filling out what’s called an "area of adverse impact" . This is where the tenant believes there is discrimination in a particular area of their apartment building.
An individual filing a complaint with the Maryland Office of Human Relations will need to demonstrate that there is probable cause and that the housing discrimination has occurred. These agencies can only handle a case if they feel that there has been some sort of housing discrimination. If they decide that the case will not move forward, the alleged victim has the option of moving forward through the state and federal court systems.
After a complaint is filed, the person who was accused of the discrimination gets a copy of the complaint and is allowed to respond either in person or in writing. After reviewing the information, the agency calls together both parties for a mediation session. Sometimes these sessions are not successful in settling the case, resulting in the next step of the process. The next step is the probable cause phase, where the parties may be requested to present evidence to the agency in a hearing setting. If the agency accepts the case, they will begin their investigation, which may take a maximum of 100 days. The agency must issue their decision within 100 days as well. After the agency’s decision is made, the other party still has the right to trial.
All individuals have two years from the date of an alleged discriminatory housing practice (or 1 year of date of an alleged housing practice in Connecticut) to file a complaint. Failure to file within this time frame significantly reduces the chances for the case to be heard and settled.
Latest Developments on Maryland Fair Housing Laws
In recent years, Maryland fair housing laws have been periodically updated to reflect broader interpretations of federal fair housing requirements and to address emerging issues facing both landlords and tenants. A 2015 law amended the Maryland Fair Housing Act to define prohibitions against discrimination in housing with specific reference to source of income, thereby clarifying that protections also extend to those receiving public assistance. Nonetheless, a proposed bill pending in the Maryland State Legislature, the Landlord Notice of Rent Increase or Lease Renewal – Just Cause for Eviction Act of 2018, known as the "Renters’ Bill of Rights," would go even further to address affordable housing needs in Maryland, particularly by protecting tenants from rent increase notices given shorter than 90 days before their renewal, with exceptions for certain immediate personal and property emergencies such as death or foreclosure.
The Maryland Fair Housing Commission has also recently adopted Fair Housing Regulations, effective October 1, 2017, that entail updates to clarifying definitions, restrictions on landlords’ interviewing processes, and guidance on discrimination, occupancy policies, reasonable accommodations and modifications, and places of public accommodation.
Maryland Fair Housing Laws Resources and Help
Several organizations and government agencies provide resources, support, and information about your rights and responsibilities under fair housing laws in Maryland. Some useful national and state resources are listed below:
U.S. Department of Housing and Urban Development (HUD): The federal agency that oversees compliance with fair housing laws throughout the country. HUD investigates complaints of housing discrimination and provides valuable resources and information about the federal Fair Housing Act.
Maryland Department of Housing and Community Development (DHCD): The Maryland state agency that administers the state’s fair housing laws. Like HUD, MDHCD investigates complaints about housing discrimination under state law.
Maryland Legal Aid: A private, nonprofit law firm funded through a combination of government and private sources . Legal Aid provides free civil legal services to low-income persons and legal advice to persons of moderate income.
Homeless Persons Representation Project: A nonprofit law firm dedicated to protecting the legal rights of homeless individuals in Maryland. HPPRP may provide advice about housing discrimination and represents the poor and homeless population in lawsuits to protect their housing rights as well.
Civil Justice, Inc.: A Maryland nonprofit whose mission is to address the civil legal needs of low-income individuals in Maryland. Civil Justice Inc. provides limited legal help to low-income Marylanders who are facing eviction, foreclosure, abusive debt collection and other legal problems.
These resources can help you understand your rights and obligations under federal and state fair housing processing.