Maryland Discrimination in Housing
Maryland's fair housing law. It protects twelve classes — including source of income, which catches a refusal to deal with a housing voucher — and § 20-706(b)(4) puts an association's rules, policies, practices and services under a duty to make reasonable accommodations for a resident with a disability.
The Maryland Discrimination in Housing law sits in the State Government Article, not Real Property, because it belongs to Title 20 — Human Relations — alongside the State's public accommodation and employment discrimination law. It is administered by the Maryland Commission on Civil Rights and, as § 20-702(b)(2) puts it, also “enforced by the appropriate State court.”
All ten sections are reproduced below. What follows first is the part of it that reaches a homeowners association, a condominium council or a cooperative — which is more of it than most boards expect.
The twelve protected classes
Section 20-702(a)(1) states the policy and § 20-705 repeats the list in every prohibition: race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, source of income, and military status.
Source of income is the one people most often do not know is in the list. Section 20-701(j) defines it as “any lawful source of money paid directly or indirectly to or on behalf of a renter or buyer of housing”, and says it includes income from a lawful profession, occupation or job; any government or private assistance, grant, loan, or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; a gift, an inheritance, a pension, an annuity, alimony, child support or any other consideration or benefit; and the sale or pledge of property or an interest in property. A blanket “no vouchers” policy is a policy about a protected class.
Section 20-704(d) sets the boundary from the other side. The source-of-income prohibition does not stop anyone from verifying, in a commercially reasonable and non-discriminatory way, the source and amount of income or the creditworthiness of a would-be buyer or renter; from refusing to consider income from criminal activity; or from assessing the ability to repay a mortgage under applicable law.
Familial status (§ 20-701(e)) is about minors: a minor domiciled with a parent or other person having legal custody, or with that person's designee holding written permission. It also covers a pregnant woman and someone in the process of securing legal custody of a minor. And § 20-701(f) is one line worth remembering: “Family” includes a single individual.
Where an association is actually caught
The prohibitions are written about “a person,” not about landlords. One of them is tied to the transaction and one is not:
- § 20-705(2) — no discrimination “in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental of a dwelling”.
- § 20-706(b)(4) — no refusal “to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling”.
Rules, policies and practices is exactly what a board produces. A pet restriction, an assigned-parking rule, a rule about where a ramp or a railing may go, an architectural standard, an occupancy or guest policy — each of them is a rule, and each of them can be the subject of an accommodation request under § 20-706(b)(4).
Alongside it, § 20-706(b)(3) covers modifications rather than accommodations: a person may not refuse to allow, at the expense of the individual with a disability, reasonable modifications of the existing premises the individual occupies or will occupy, where the modification may be necessary to afford full enjoyment of the dwelling. For a rental dwelling, and only for a rental dwelling, the tenant must agree to restore the interior to its prior condition on vacating, fair wear and tear excepted.
The distinction is the money. A modification is a physical change and § 20-706(b)(3) puts it expressly at the resident's expense; an accommodation is a change to a rule, and § 20-706(b)(4) allocates no cost at all.
Service dogs — and what the definition does not say
Section 20-701(b) defines disability in three familiar ways: a physical or mental impairment that substantially limits one or more major life activities, a record of one, or being regarded as having one. It excludes current illegal use of or addiction to a controlled dangerous substance, or to a controlled substance as defined in 21 U.S.C. § 802.
Section 20-706 then adds a rule for service dogs that is unusually concrete. A service dog is “individually trained to do work or perform tasks for the benefit of an individual with a disability,” and the definition expressly excludes a dog whose value is deterring crime, or that “provides only emotional support, well-being, comfort, or companionship to an individual.” Where § 20-706(b)(6) applies — an individual with a disability who has, obtains, or retains a service dog, including a former service dog kept after retirement — § 20-706(d) says the individual:
- is exempt from any lease or rental agreement provision prohibiting dogs;
- may not be required to pay any additional rent or fee for the dog;
- may keep a retired service dog for the life of the dog; and
- is liable for damage the dog does to the premises.
Read the two provisions separately. The service dog definition narrows what § 20-706(b)(6) and (d) reach. It says nothing about § 20-706(b)(4), which is a general duty to make reasonable accommodations in rules and policies and is not limited to dogs, to animals, or to any defined category. An assistance animal that is not a “service dog” is outside the automatic no-fee-no-pet-ban rule and still inside the ordinary accommodation analysis.
Accessible design in newer buildings
Section 20-706(c) applies to a covered multifamily dwelling — a building of four or more units that has an elevator, or a ground-floor unit in a building of four or more units with no elevator — built for first occupancy on or after 1 July 1991. It must be designed and constructed so that public and common use portions are readily accessible and usable; doors allowing passage into and within premises are wide enough for a wheelchair; and every unit has an accessible route through it, controls in accessible locations, reinforcements in bathroom walls for later grab bars, and kitchens and bathrooms a wheelchair user can manoeuvre in. Compliance with ANSI A117.1, or with the federal accessibility rules incorporated by the Department of Housing and Community Development under § 12-202 of the Public Safety Article, satisfies the requirement.
Lending, appraisal and brokerage
Section 20-707 covers the money side. A person whose business includes residential real estate-related transactions — making or purchasing loans or providing other financial assistance for buying, building, improving, repairing or maintaining a dwelling, or secured by residential real estate; and the selling, brokering or appraising of residential real property — may not discriminate in making a transaction available or in its terms or conditions. Appraisers may still take into account factors other than the protected classes. And § 20-707(c) bars denying anyone, because of one of the protected classes, access to or membership or participation in a multiple-listing service, a real estate brokers' organisation, or any other service or facility relating to the business of selling or renting dwellings — and bars discriminating in the terms or conditions of that membership.
Retaliation is its own violation
Section 20-708 is short and broad: a person may not coerce, intimidate, threaten, interfere with, or retaliate against anyone in the exercise or enjoyment of a right this subtitle grants, because they exercised one, or because they aided or encouraged someone else to. A neighbour who helps a resident file a complaint is protected by the same section as the resident.
There is a criminal counterpart outside this subtitle. Section 20-1103 makes it a misdemeanour to willfully injure, intimidate or interfere with a protected housing activity by force or threat of force — up to a year and $1,000; up to ten years and $10,000 if it results in bodily injury; and up to life if it results in death.
What the subtitle does not reach
Two sections do this work, and they are not the same thing. Section 20-703 is about construction — what the subtitle does not invalidate or forbid:
- local laws requiring greater accessibility than § 20-706(b);
- reasonable local, State or federal occupancy limits on the maximum number of people in a dwelling;
- State or local standards governing the location of group homes;
- local ordinances on any subject the subtitle covers, so long as the ordinance does not authorise a discriminatory housing practice;
- refusing a tenancy that would be a direct threat to the health or safety of others or would result in substantial physical damage to others' property;
- conduct against a person convicted of the illegal manufacture or distribution of a controlled substance;
- a religious organisation's preference for people of the same religion in dwellings it owns or operates for other than a commercial purpose — unless membership in the religion is restricted by race, colour or national origin; and
- a private club not open to the public limiting non-commercial lodgings to its members.
Section 20-704 is about scope, and its two exemptions are narrower than they look:
- The for-sale-by-owner exemption. The subtitle does not apply to the sale or rental of a single-family dwelling if it is done without any real estate broker, agent, salesperson or person in the business of selling or renting dwellings (or their agents), and without publishing, posting or mailing a discriminatory advertisement or notice after notice. Using a lawyer, escrow agent, abstractor or title company to perfect or transfer title does not cost the seller the exemption.
- The owner-occupied exemption is partial. For the rental of rooms in a dwelling the owner keeps as their principal residence, or of an apartment in an owner-occupied building of no more than five rental units, the subtitle does not apply — but only as to sex, sexual orientation, gender identity, marital status, military status, and source of income where that source is a low-income housing assistance certificate or voucher issued under the United States Housing Act of 1937. Race, colour, religion, disability, familial status and national origin are not in that carve-out.
Note what neither exemption is: neither is written about a community association's rules. They are written about a transaction in a dwelling.
Section 20-704(c) is the third limit — housing for older persons is outside the familial status provisions. That means housing under a State or federal programme designed and operated to assist elderly persons; housing intended for and solely occupied by people at least 62; housing intended and operated for occupancy by at least one person aged 55 in each unit; or housing meeting the HUD regulations under 42 U.S.C. § 3607(b)(2)(C). Unoccupied units reserved for qualifying occupants count, as do units occupied as of 13 September 1988 by people who do not meet the age requirement, provided the next occupant does.
How a complaint actually runs, and the two clocks
Section 20-702(b)(2) puts administration and enforcement with the Commission. The machinery is in Subtitle 10, Part II of Title 20 — the part § 20-710(d)(1) authorises the Commission to write regulations for. The deadlines that matter:
- One year to complain. Section 20-1021(a) — an aggrieved person may file a complaint with the Commission, and it “shall be filed within 1 year after the alleged discriminatory housing practice occurred or terminated.” The Commission may also file on its own initiative.
- Ten days each way. Within 10 days of the filing the Commission serves the respondent with the complaint and a notice of rights and obligations; the respondent has 10 days from receipt to answer. Complaints and answers are under oath and may be reasonably amended at any time.
- Twenty days to choose court instead. Once a charge is issued and served, § 20-1026 gives a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed 20 days from receipt of that service to elect a civil action instead of an administrative hearing.
- Two years to sue. Section 20-1035(b) — a civil action must be filed within 2 years of the later of the occurrence or termination of the practice (or the breach of a conciliation agreement), and the time an administrative proceeding was pending does not count toward the 2 years, except for an action on a conciliation agreement.
- One hundred and thirty days before suing. An aggrieved person may commence the civil action not sooner than 130 days after filing a complaint — and then regardless of the complaint's status. Two gates close it: a conciliation agreement the aggrieved person consented to — except an action to enforce that agreement — and a charge on which an administrative law judge has already begun a hearing on the record.
What a court can do: actual and punitive damages, injunctions, temporary restraining orders, and orders requiring affirmative action (§ 20-1035(e)). It may allow the prevailing party reasonable attorney's fees and costs, and so may an administrative law judge (§ 20-1033). On the application of either side, § 20-1035(d) lets the court appoint an attorney — and, where that person is financially unable to bear the costs, let the action proceed without fees, costs or security. Relief cannot unwind a contract, sale, encumbrance or lease already completed with a bona fide party who had no actual notice.
Where the practice happened in a licensed business, § 20-1029(c) requires the Commission, within 30 days of its final order, to send its findings to the licensing unit and recommend disciplinary action — which can include suspension or revocation of the licence.
The Attorney General's separate route
Title 20, Subtitle 10, Part III gives the Attorney General power to investigate, prosecute and remediate a “civil rights violation” on behalf of the residents of the State. Two limits are worth knowing before you write to that office: § 20-1041(b) says the Attorney General may not bring such an action on behalf of an individual, or against a political subdivision or a unit of government; and § 20-1044(a) requires a preliminary investigation establishing reasonable cause before any action is filed. The limitations period is 3 years from discovery, occurrence or termination, whichever is last (§ 20-1043), and the remedies include injunctions, restitution, and civil penalties of up to $10,000 for a first violation and $25,000 for a later one.
What the Commission does besides deciding cases
Section 20-710 is easy to skim past and worth a minute. The Commission shall cooperate with and give technical assistance to governmental and private bodies working to prevent discriminatory housing practices, conduct studies of the nature and extent of housing discrimination in representative urban, suburban and rural communities across the State, and publish the results. It may work with local fair housing units, use their staff with their consent, and reimburse them for services provided, and run conferences, voluntary compliance programmes and consultations. Under § 20-709 every executive unit of State government — including those regulating financial institutions — must administer its programmes in a way that furthers this subtitle and cooperate with the Commission.
This law is not in the association statutes, and it is not limited by them. The Condominium Act, the HOA Act and the Cooperative Housing Corporation Act say nothing that narrows § 20-706(b)(4). An accommodation request is answered under this subtitle, whatever the governing documents say about pets, parking, signage or architectural change.
Unlawfully restrictive covenants have two different routes, and the split is deliberate. Real Property § 3-112 lets an owner — or a county or municipality after notice — record a restrictive covenant modification that strikes an ownership restriction based on race, religious belief or national origin, subject to review by the county attorney before the clerk records it. But § 3-112(b) says in terms that the section does not apply to such a covenant that is part of the declaration or uniform general scheme of a homeowners association. Those are handled by Real Property § 11B-113.3, which puts the duty on the association: the governing body shall delete the covenant, may do so without a vote of the lot owners notwithstanding the governing documents, must record the amendment — and, on a lot owner's written request, must do it within 180 days.
The debt collection overlap. Where an assessment debt is being collected, the Maryland Consumer Debt Collection Act (Commercial Law Title 14, Subtitle 2) is the statute that governs how, and it is reproduced on its own page. Discrimination in deciding whose debt gets pursued, or on what terms, is a matter for this subtitle.
Local law survives. Section 20-703(4) preserves a local government's power to legislate on any subject this subtitle covers, so long as the ordinance does not authorise a discriminatory housing practice, and § 20-703(1) preserves local accessibility requirements that go further than § 20-706(b). Montgomery County and Prince George's County both run their own human relations machinery, and Title 20, Subtitle 12 gives Howard, Montgomery and Prince George's counties' discrimination laws their own civil action provisions, with real-estate claims filable at any time; Baltimore County's provision in § 20-1203 is confined to employment by an employer with fewer than 15 employees, so it is not a housing route.
The rest of the picture. The Condominium Act, the Homeowners Association Act and the Cooperative Housing Corporation Act are each reproduced in full on this site.
Contents · 10 sections ▾
- § 20-701Definitions
- § 20-702State policy; administration and enforcement of subtitle
- § 20-703Construction of subtitle
- § 20-704Scope of subtitle
- § 20-705Discriminatory housing practices - Sale or rental of dwelling
- § 20-706Discrimination against individuals with disabilities; accessibility
- § 20-707Discrimination in residential real estate-related transactions; discrimination in professional services or organizations
- § 20-708Interference with exercise of rights
- § 20-709Duties of executive units
- § 20-710Powers and duties of Commission
No sections match that filter.
Discrimination in Housing
§ 20-701 Definitions
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Disability” means:
(i) a physical or mental impairment that substantially limits one or more of an individual’s major life activities;
(ii) a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
(iii) being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
(2) “Disability” does not include the current illegal use of or addiction to:
(i) a controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article; or
(ii) a controlled substance, as defined in 21 U.S.C. § 802.
(c) “Discriminatory housing practice” means an act that is prohibited under § 20-705, § 20-706, § 20-707, or § 20-708 of this subtitle.
(d) “Dwelling” means:
(1) any building, structure, or portion of a building or structure that is occupied, or designed or intended for occupancy, as a residence by one or more families; and
(2) any vacant land that is offered for sale or lease for the construction or location on the land of any building, structure, or portion of a building or structure described in item (1) of this subsection.
(e) (1) “Familial status” means the status of one or more minors who are domiciled with:
(i) a parent or other person having legal custody of the minor; or
(ii) the designee of a parent or other person having legal custody of the minor 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 a minor.
(f) “Family” includes a single individual.
(g) “In the business of selling or renting dwellings” means:
(1) within the preceding 12 months, participating as a principal in three or more transactions involving the sale or rental of any dwelling or any interest in a dwelling;
(2) within the preceding 12 months, participating as an agent, other than in the sale of the individual’s own personal residence, in providing sales or rental facilities or services in two 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 occupied, or designed or intended for occupancy, by five or more families.
(h) “Marital status” means the state of being single, married, separated, divorced, or widowed.
(i) “Rent” includes to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(j) (1) “Source of income” means any lawful source of money paid directly or indirectly to or on behalf of a renter or buyer of housing.
(2) “Source of income” includes income from:
(i) a lawful profession, occupation, or job;
(ii) any government or private assistance, grant, loan, or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937;
(iii) a gift, an inheritance, a pension, an annuity, alimony, child support, or any other consideration or benefit; or
(iv) the sale or pledge of property or an interest in property.
§ 20-702 State policy; administration and enforcement of subtitle
(a) It is the policy of the State:
(1) to provide for fair housing throughout the State to all, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, source of income, or military status; and
(2) to that end, to prohibit discriminatory practices with respect to residential housing by any person, in order to protect and ensure the peace, health, safety, prosperity, and general welfare of all.
(b) This subtitle:
(1) is an exercise of the police power of the State for the protection of the people of the State; and
(2) shall be administered and enforced by the Commission and, as provided in this title, enforced by the appropriate State court.
§ 20-703 Construction of subtitle
This subtitle does not:
(1) invalidate or limit any local law that requires dwellings to be designed and constructed in a manner that affords an individual with a disability greater access than is required by § 20-706(b) of this subtitle;
(2) limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants allowed to occupy a dwelling;
(3) prohibit the State or a local government from enacting standards that govern the location of group homes, as defined in § 4-601 of the Housing and Community Development Article;
(4) affect the powers of any local government to enact an ordinance on any subject covered by this subtitle, provided that the ordinance does not authorize any act that would be a discriminatory housing practice under this subtitle;
(5) require that a dwelling be made available to an individual whose tenancy would:
(i) constitute a direct threat to the health or safety of other individuals; or
(ii) result in substantial physical damage to the property of others;
(6) prohibit conduct against a person because the person has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of:
(i) a controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article; or
(ii) a controlled substance, as defined in 21 U.S.C. § 802;
(7) unless membership in the religion is restricted on the basis of race, color, or national origin, prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from giving preference or limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
(8) prohibit a private club that is not open to the public and that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwellings to its members or from giving preference to its members.
§ 20-704 Scope of subtitle
(a) This subtitle does not apply to:
(1) the sale or rental of a single-family dwelling, if the dwelling is sold or rented without:
(i) the use of the sales or rental facilities or services of any:
1. real estate broker, agent, or salesperson;
2. agent of any real estate broker, agent, or salesperson;
3. person in the business of selling or renting dwellings; or
4. agent of a person in the business of selling or renting dwellings; or
(ii) the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this subtitle; and
(2) with respect to discrimination on the basis of sex, sexual orientation, gender identity, marital status, military status, or source of income if the source of income is low-income housing assistance certificates or vouchers issued under the United States Housing Act of 1937:
(i) the rental of rooms in any dwelling, if the owner maintains the dwelling as the owner’s principal residence; or
(ii) the rental of any apartment in a dwelling that contains not more than five rental units, if the owner maintains the dwelling as the owner’s principal residence.
(b) The use of attorneys, escrow agents, abstractors, title companies, and other similar professional assistance as necessary to perfect or transfer the title to a single-family dwelling does not subject a person to this subtitle if the person otherwise would be exempted under subsection (a) of this section.
(c) (1) (i) In this subsection, “housing for older persons” means housing:
1. 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;
2. intended for, and solely occupied by, persons who are at least 62 years old;
3. intended and operated for occupancy by at least one person who is at least 55 years old in each unit; or
4. that meets the requirements set forth in regulations adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 3607(b)(2)(C).
(ii) “Housing for older persons” includes:
1. unoccupied units, if the units are reserved for occupancy by persons who meet the age requirements of subparagraph (i) of this paragraph; or
2. units occupied as of September 13, 1988 by persons who do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant of the unit meets the age requirement.
(2) The provisions in this subtitle concerning familial status do not apply to housing for older persons.
(d) The prohibitions in this subtitle against discrimination based on source of income do not:
(1) prohibit a person from determining the ability of a potential buyer or renter to pay a purchase price or pay rent by verifying in a commercially reasonable and nondiscriminatory manner the source and amount of income or creditworthiness of the potential buyer or renter;
(2) prevent a person from refusing to consider income derived from any criminal activity; or
(3) prohibit a person from determining, in accordance with applicable federal and State laws, the ability of a potential buyer to repay a mortgage loan.
§ 20-705 Discriminatory housing practices - Sale or rental of dwelling
Except as provided in §§ 20-703 and 20-704 of this subtitle, a person may not:
(1) refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status;
(2) discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status;
(3) make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status, or an intention to make any preference, limitation, or discrimination;
(4) represent to any person, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status, that any dwelling is not available for inspection, sale, or rental when the dwelling is available; or
(5) for profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status.
§ 20-706 Discrimination against individuals with disabilities; accessibility
(a) (1) In this section the following words have the meanings indicated.
(2) “Covered multifamily dwelling” means:
(i) a building consisting of four or more units, if the building has one or more elevators; or
(ii) a ground floor unit in a building consisting of four or more units, if the building has no elevator.
(3) (i) “Service dog” means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
(ii) “Service dog” does not include a dog that:
1. as a result of the animal’s presence, is meant to deter crime; or
2. provides only emotional support, well-being, comfort, or companionship to an individual.
(b) Except as provided in §§ 20-703 and 20-704 of this subtitle, a person may not:
(1) discriminate in the sale or rental of, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
(i) the buyer or renter; or
(ii) an individual residing in or intending to reside in the dwelling after it is sold, rented, or made available;
(2) discriminate against any individual in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:
(i) the individual; or
(ii) an individual residing in or intending to reside in the dwelling after it is sold, rented, or made available;
(3) refuse to allow, at the expense of an individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual, if:
(i) the modifications may be necessary to afford the individual with a disability full enjoyment of the dwelling; and
(ii) for a rental dwelling, the tenant agrees that, when the tenant vacates the dwelling, the tenant will restore, at the tenant’s expense, the interior of the dwelling to the condition that existed before the modification, except for reasonable wear and tear;
(4) refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling;
(5) fail to design or construct a covered multifamily dwelling for first occupancy as required under subsection (c) of this section; or
(6) discriminate in the sale or rental of, or otherwise make unavailable or deny, a dwelling to an individual with a disability who:
(i) has or obtains a service dog; or
(ii) retains the individual’s former service dog after its retirement from service.
(c) (1) On or after July 1, 1991, a covered multifamily dwelling for first occupancy shall be designed and constructed so that:
(i) the public use and common use portions of the dwelling are readily accessible and usable to individuals with disabilities;
(ii) all the doors designed to allow passage into and within all premises within the dwelling are sufficiently wide to allow passage by individuals with disabilities in wheelchairs; and
(iii) all premises within the dwelling contain the following features of adaptive design:
1. an accessible route into and through the dwelling;
2. light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. reinforcements in bathroom walls to allow later installation of grab bars; and
4. usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(2) The requirements of paragraph (1) of this subsection are satisfied by compliance with:
(i) the appropriate requirements of the most current revision of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as ANSI A117.1); or
(ii) the federal law, regulations, and guidelines on handicapped accessibility adopted under the federal Fair Housing Amendments Act of 1988 and incorporated by reference in the regulations adopted by the Department of Housing and Community Development under § 12-202 of the Public Safety Article.
(d) An individual with a disability who has, obtains, or retains a service dog as provided in subsection (b)(6) of this section:
(1) shall be exempt from any provision in a lease or rental agreement prohibiting the keeping of dogs;
(2) may not be required to pay any additional rent or fee for the individual’s service dog or former service dog;
(3) may keep the individual’s former service dog in the dwelling for the life of the service dog after its retirement from service; and
(4) shall be liable for any damage done to the premises by the individual’s service dog or former service dog.
§ 20-707 Discrimination in residential real estate-related transactions; discrimination in professional services or organizations
(a) In this section, “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.
(b) (1) A person whose business includes engaging in residential real estate-related transactions may not discriminate against any person in making available a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status.
(2) Paragraph (1) of this subsection does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status.
(c) A person may not, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status:
(1) deny a person access to, or membership or participation in, a multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or
(2) discriminate against a person in the terms or conditions of membership or participation.
§ 20-708 Interference with exercise of rights
A person may not coerce, intimidate, threaten, interfere with, or retaliate against any person:
(1) in the exercise or enjoyment of any right granted or protected by this subtitle;
(2) because a person has exercised or enjoyed any right granted or protected by this subtitle; or
(3) because a person has aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this subtitle.
§ 20-709 Duties of executive units
Each executive unit, including units with regulatory or supervisory authority over financial institutions, shall:
(1) administer its programs and activities in a manner that furthers the purposes of this subtitle; and
(2) cooperate with the Commission to further the purposes of this subtitle.
§ 20-710 Powers and duties of Commission
(a) The Commission shall:
(1) cooperate with and provide technical assistance to federal, State, local, and other governmental units or private agencies, organizations, and institutions that are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
(2) conduct studies concerning the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the State; and
(3) publish and disseminate reports, recommendations, and information derived from studies conducted under item (2) of this subsection.
(b) The Commission may:
(1) cooperate with local units charged with the administration of local fair housing laws;
(2) with the consent of the local units, utilize the services and employees of the local units;
(3) enter into written agreements with local units to further cooperative efforts to carry out the purposes of this subtitle; and
(4) notwithstanding any other law, reimburse local units and their employees for services provided to assist in carrying out this subtitle.
(c) To further the purposes of this subtitle, the Commission may conduct educational and conciliatory activities, including:
(1) conferences to acquaint interested persons with the provisions of this subtitle and the plans for implementation of this subtitle;
(2) in consultation with interested persons, programs of voluntary compliance and of enforcement; and
(3) consultations with interested persons and State and local officials to learn:
(i) the extent, if any, to which housing discrimination exists in the State or local political subdivisions; and
(ii) how State or local enforcement programs may be used to combat housing discrimination in connection with, or instead of, the Commission’s enforcement of this subtitle.
(d) (1) In accordance with Title 10, Subtitle 2 of the State Government Article, the Commission may adopt regulations to implement this subtitle and Subtitle 10, Part II of this title.
(2) The Commission shall adopt regulations requiring local units that are certified as substantially equivalent by the U.S. Department of Housing and Urban Development under 42 U.S.C. § 3610 to file annual reports with the Commission containing the information specified by the Commission.
Source. Reproduced from the official text of the Annotated Code of Maryland, Maryland's Discrimination in Housing law (Md. Code, State Government §20-701 to §20-710), as published by the General Assembly of Maryland. Section headings are from the Michie’s Annotated Code table of contents; the General Assembly’s own compilation prints none. General information, not legal advice; the statutes are amended every session, so confirm the current text against the official source.