As a landlord in Maryland, it is your responsibility to abide by the state’s security deposit rules, habitability laws, and tenant eviction laws, you must also adhere to the Fair Housing Act (FHA). These requirements apply across communities, influence urban development, and shape how property owners manage rentals as part of the overall housing process.
It touches on many aspects of a landlord’s business including rental advertising, tenant screening, rental policies and practices, and overall property management. The Maryland Fair Housing Laws require landlords to treat tenants fairly based on certain protected classes in all these areas. The protected characteristics include race, color, sex, religion, national origin, familial status, and disability, as defined under federal law, state law, and several federal laws that govern housing related activities and the community rules that apply to rental operations.
The following is everything you need to know about the Fair Housing policy in Maryland.
What is the Fair Housing Act?
The Federal Fair Housing Act was passed in 1968 by President Lyndon B. Johnson. This came after significant advocacy for fair housing legislation by organizations like the NAACP and the National Committee against Discrimination in Housing.
The Federal Fair Housing policy was designed to protect individuals from housing discrimination based on certain protected classes. Originally, the law protected four classes: race, color, national origin, and familial status. Later, the law was amended to include sex, religion, and disability in the list of protected characteristics. These protections also extend to individuals receiving federal financial assistance under the Rehabilitation Act, and to those whose impairments substantially limits major life activities under the Disabilities Act.
The 7 protected characteristics are now standard Fair Housing-protected classes across all 50 U.S. states. The anti-housing discrimination laws apply in the following matters:
- Rental housing, including apartments, single-family houses, duplexes, and mobile homes.
- Sale of housing, including condos, and single-family homes.
- Financing of housing, including mortgage lending and related documentation requirements.
There are a few exceptions to the MD Fair Housing laws, however that Maryland housing providers need to know. They include the following:
- Owner-Occupied Buildings – If you own a building that has a maximum of four units and occupy one unit as your primary residence, you may be exempt from the provisions of the Fair Housing laws.
- Religious Organizations – Anti-housing discrimination laws don’t apply to any type of residential real estate run by members of religious organizations, which may include religious-operated schools and universities. However, it would be illegal for housing discrimination to occur within the religious organization’s membership or in a discriminatory manner.
- Single-Family Homes – These types of homes are also exempt from the provisions of the Fair Housing regulation as long as the owner meets certain conditions. As the owner, you must not own more than three such properties and not use professional brokerage services to rent out the homes. The exemption doesn’t apply to duplexes, triplexes, or other multi-family homes.
What Classes are Protected Classes under the Fair Housing Act in Maryland?
As per the federal and state Fair Housing policies, the following are the protected characteristics housing providers need to know:
- Religion
- Color
- Religion
- Disability
- Familial status
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Sex, including protections related to a person’s assigned sex.
- Religion
- National origin
- Military status
- Source of income
- Gender identity
- Marital status
- Sexual orientation
Maryland also recognizes additional categories and additional protections, enforced by the Maryland Commission on Civil Rights and supported by organizations like the Fair Housing Action Center of Maryland, which help ensure equal opportunity and fair access to housing.
Denying Rent
Under the state’s landlord-tenant laws and Fair Housing policies, refusing to rent out your rental property to a bonafide offer. If a prospective tenant has met all the qualifying criteria, it’d be unlawful for you to reject them based on a protected class. Similarly, saying your rental property isn’t available for rent because a prospective tenant doesn’t fit your preference would be a violation, especially if based on your personal regard for a protected trait.
Implementing Discriminatory Policies
Using discriminatory policies or different terms when renting out your home. You should draft a proper lease agreement that aligns with all applicable rental laws, including the Fair Housing policies. It’d be unlawful for you, for instance, to require a parent with a child to pay extra fees to stay in your residential rental property.
Using Exclusionary Language in Ads
Use statements in your rental ad that indicate a preference for or limitations against certain groups. For example, “Ideal for Single Professionals” or “Not Suitable for Kids” would both be considered discriminatory language. Specifically, this language discriminates based on familial and marital status.
Redirecting Qualified Renters to Other Areas
Steering a prospective tenant away because you ‘feel’ they won’t be comfortable in the neighborhood. For instance, steering a Christian away from a Muslim neighborhood.
Requiring Invasive Information
Requesting that a tenant provide you with information on family planning or birth control would be a violation of the act and could lead to written complaints filed with the appropriate department.
Do Disabled Tenants in Maryland Enjoy any Special Accommodations?
Disabled tenants enjoy the following special accommodations when it comes to rental housing:
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The right to make reasonable modifications to the rental unit that are necessary for their daily life. For example, installing a grab bar in the bathroom, widening the doorway, or installing a ramp at the entrance of the dwelling.
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A rights to certain reasonable accommodations to the rules or policies that may hamper their use of the rented premises. For instance, allowing them to have a service animal in a “no pets” unit, or adjusting their rent payment schedule to align to a date that they receive income assistance.
What can Landlords do to Avoid Fair Housing Law Violations in Maryland?
The following are a few things you could do to ensure you abide by a persons Fair Housing rights in Maryland:
- Screen prospective tenants using a consistent and fair process.
- Don’t include statements that touch on a tenant’s protected class in your rental ad. Focus instead of describing the property and neighborhood.
- Draft a proper lease agreement that aligns with the provisions of the Fair Housing regulation.
- Provide disabled tenants with reasonable accommodations and modifications.
- Respond to tenant requests and inquiries in a timely and consistent manner.
- Charge fair security deposits that adhere to state and federal guidelines.
Bottom Line
Fair Housing Laws ensure that all people are treated equally in housing matters. Violating the Fair Housing policies can be detrimental to the success of your rental investment, hurt your reputation, and seriously impact your bottom line. To avoid housing discrimination claims, and ensure a legally compliant and successful rental process, consider working with a trusted property management company.
For expert help in all property management aspects, including legal compliance, turn to Astoria Charm. Our comprehensive suite of property management services can be tailored to meet all your needs. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.