What fair housing laws must landlords follow?

Fair Housing Laws Landlords Must Follow in Maryland

As a landlord operating in Maryland, it is essential to understand and comply with both federal and state fair housing laws to ensure your rental practices are lawful and equitable. Maryland has specific fair housing requirements that complement federal protections, aimed at preventing discrimination and promoting equal housing opportunities for all prospective tenants.

Federal Fair Housing Protections

First, it is important to recognize that Maryland landlords are bound by the federal Fair Housing Act (FHA), which prohibits discrimination in housing-related transactions based on the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation, as interpreted by HUD)
• Familial status (presence of children under 18 in the household)
• Disability

The FHA applies to landlords of most residential rental properties, including single-family homes, apartments, and condos, making it unlawful to refuse to rent, set different terms, or otherwise discriminate against individuals because of their membership in any of these protected classes.

Maryland State Fair Housing Law

In addition to federal protections, Maryland’s fair housing laws provide further safeguards for tenants and prospective renters, overseen by the Maryland Commission on Civil Rights (MCCR). The Maryland Fair Housing Act largely mirrors the FHA but expands protections in several important ways landlords should recognize:

Protected Classes Under Maryland Law

Maryland law prohibits discrimination based on all federally protected classes and includes additional protected categories:

• Marital status
• Sexual orientation (explicitly included)
• Gender identity or expression
• Source of income (including housing vouchers such as Section 8)
• Age (in certain circumstances)

Key Implications for Landlords

• Source of Income Protection: Unlike federal law, Maryland specifically prohibits discrimination against tenants because they use lawful sources of income like government rental assistance or housing vouchers. This means a landlord cannot refuse to rent or impose different terms simply because a prospective tenant plans to pay rent via a housing voucher.
• Sexual Orientation and Gender Identity: Maryland law clearly includes protections based on sexual orientation and gender identity. Landlords must refrain from discriminatory practices based on these statuses, including inquiries or commentary during the application process.
• Marital Status and Age: While federal law does not explicitly forbid discrimination based on marital status or age in housing, Maryland includes these as protected categories, barring landlords from denying housing or treating tenants unfairly on these grounds.

Practical Guidelines for Maryland Landlords

To comply with Maryland fair housing laws and avoid violations, landlords should observe the following best practices:

Advertising and Listing Properties

• Use inclusive language in advertisements and listings.
• Avoid terms that suggest preference or limitation to certain groups (e.g., “ideal for young professionals” or “no kids allowed”).
• Focus on the rental property’s features and amenities rather than personal characteristics.

Application and Screening Processes

• Implement standardized application criteria for all applicants, such as creditworthiness, income verification, and rental history.
• Do not ask questions or require documentation relating to protected classes (e.g., marital status, sexual orientation).
• Accept lawful sources of income, including housing vouchers, and treat such applicants fairly.
• Provide reasonable accommodations for applicants with disabilities, such as allowing service or assistance animals and modifying screening procedures if necessary.

Lease Terms and Conditions

• Apply lease terms, rent amounts, and rules uniformly to all tenants.
• Do not impose different security deposits, rent charges, or lease lengths based on protected characteristics.
• Consider requests for reasonable accommodations or modifications relating to disability without discrimination.

Maintenance and Treatment of Tenants

• Ensure that all tenants receive equal access to housing services and benefits.
• Avoid harassment or retaliation based on protected characteristics.
• Take all complaints of discrimination seriously and document responses.

Enforcement and Penalties

The Maryland Commission on Civil Rights investigates complaints of housing discrimination and can impose penalties on landlords who violate state fair housing laws. Penalties may include fines, damages to injured parties, and orders to cease discriminatory practices. Additionally, enforcement of the federal Fair Housing Act by HUD or the Department of Justice can lead to similar consequences.

Conclusion

Maryland landlords must navigate a comprehensive framework of fair housing laws designed to prevent discrimination and promote equal access to housing for all renters. By adhering to both federal and Maryland-specific requirements—especially recognizing the broader scope of protected classes such as source of income and sexual orientation—you help ensure compliance and foster a fair rental market.

Maintaining transparency, consistency, and respect for tenants’ rights will not only keep you legally protected but also enhance your reputation as a responsible landlord in Maryland. For detailed guidance and the latest updates, consulting the Maryland Commission on Civil Rights or a qualified attorney specializing in landlord-tenant law is advisable.