EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0928*
HOUSE BILL 928
D5, N1 2lr0345
CF 2lr0347
By: Delegate Palakovich Carr
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Discrimination in Housing – Citizenship, Immigration Status, and National 2
Origin 3
FOR the purpose of stating the policy of the State to provide fair housing, regardless of 4
certain citizenship or immigration status; prohibiting certain discrimination related 5
to the sale or rental of a dwelling on the basis of citizenship or immigration status, 6
subject to certain exceptions; prohibiting certain inquiries and disclosures relating 7
to a person’s citizenship, immigration status, or national origin in connection with 8
the rental of a dwelling; and generally relating to discriminatory housing practices. 9
BY repealing and reenacting, without amendments, 10
Article – State Government 11
Section 20–701(a) and 20–1020(a) 12
Annotated Code of Maryland 13
(2021 Replacement Volume) 14
BY repealing and reenacting, with amendments, 15
Article – State Government 16
Section 20–701(c), 20–702, 20–705, 20–707, 20–901, 20–1020(e), and 20–1103 17
Annotated Code of Maryland 18
(2021 Replacement Volume) 19
BY adding to 20
Article – State Government 21
Section 20–708.1 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 928
Article – State Government 1
20–701. 2
(a) In this subtitle the following words have the meanings indicated. 3
(c) “Discriminatory housing practice” means an act that is prohibited under § 4
20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this subtitle. 5
20–702. 6
(a) It is the policy of the State: 7
(1) to provide for fair housing throughout the State to all, regardless of 8
race, color, religion, sex, familial status, CITIZENSHIP, IMMIGRATION STATUS , national 9
origin, marital status, sexual orientation, gender identity, disability, or source of income; 10
and 11
(2) to that end, to prohibit discriminatory practices with respect to 12
residential housing by any person, in order to protect and ensure the peace, health, safety, 13
prosperity, and general welfare of all. 14
(b) This subtitle: 15
(1) is an exercise of the police power of the State for the protection of the 16
people of the State; and 17
(2) shall be administered and enforced by the Commission and, as provided 18
in this title, enforced by the appropriate State court. 19
20–705. 20
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 21
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 22
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 23
person because of race, color, religion, sex, disability, marital status, familial status, sexual 24
orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 25
source of income; 26
(2) discriminate against any person in the terms, conditions, or privileges 27
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 28
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 29
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 30
STATUS, national origin, or source of income; 31
HOUSE BILL 928 3
(3) make, print, or publish, or cause to be made, printed, or published, any 1
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 2
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 3
disability, marital status, familial status, sexual orientation, gender identity, 4
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, or an intention 5
to make any preference, limitation, or discrimination; 6
(4) represent to any person, because of race, color, religion, sex, disability, 7
marital status, familial status, sexual orientation, gender identity, CITIZENSHIP, 8
IMMIGRATION STATUS , national origin, or source of income, that any dwelling is not 9
available for inspection, sale, or rental when the dwelling is available; or 10
(5) for profit, induce or attempt to induce any person to sell or rent any 11
dwelling by representations regarding the entry or prospective entry into the neighborhood 12
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 13
sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national 14
origin, or source of income. 15
20–707. 16
(a) In this section, “residential real estate–related transaction” means: 17
(1) the making or purchasing of loans or providing other financial 18
assistance: 19
(i) for purchasing, constructing, improving, repairing, or 20
maintaining a dwelling; or 21
(ii) secured by residential real estate; or 22
(2) the selling, brokering, or appraising of residential real property. 23
(b) (1) A person whose business includes engaging in residential real 24
estate–related transactions may not discriminate against any person in making available 25
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 26
sex, disability, marital status, familial status, sexual orientation, gender identity, 27
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income. 28
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 29
the business of furnishing appraisals of real property from taking into consideration factors 30
other than race, color, religion, sex, disability, marital status, familial status, sexual 31
orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 32
source of income. 33
(c) A person may not, because of race, color, religion, sex, disability, marital 34
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 35 4 HOUSE BILL 928
STATUS, national origin, or source of income: 1
(1) deny a person access to, or membership or participation in, a 2
multiple–listing service, real estate brokers’ organization, or other service, organization, or 3
facility relating to the business of selling or renting dwellings; or 4
(2) discriminate against a person in the terms or conditions of membership 5
or participation. 6
20–708.1. 7
(A) UNLESS SPECIFICALLY REQUIRE D BY STATE OR FEDERAL LAW OR 8
COURT ORDER , IN CONNECTION WITH THE RENTAL OF A DWEL LING, A PERSON MAY 9
NOT: 10
(1) INQUIRE ABOUT A PERSON’S CITIZENSHIP, IMMIGRATION STATUS , 11
OR NATIONAL ORIGIN ; OR 12
(2) DISCLOSE OR THREATEN TO DISCLOSE INFORMAT ION REGARDING 13
A PERSON’S ACTUAL OR PERCEIVED CITIZENSHIP, IMMIGRATION STATUS , OR 14
NATIONAL ORIGIN TO A NY OTHER PERSON, INCLUDING AN IMMIGRA TION 15
AUTHORITY OR A LAW ENFORCEMENT AGENCY. 16
(B) THIS SECTION DOES NOT PROHIBIT A PERSON FROM : 17
(1) COMPLYING WITH A LEG AL OBLIGATION OR ACTING PURSUANT TO 18
A CONDITION FOR FUND ING UNDER A FEDERAL , STATE, OR LOCAL GOVERNMENT 19
PROGRAM; 20
(2) REQUESTING INFORMATION OR DOCUM ENTATION AS PART OF A 21
STANDARD RENTAL PRAC TICE TO VERIFY THE F INANCIAL QUALIFICATI ONS OR 22
IDENTITY OF A POTENT IAL RENTER IF THE SAME INFORMATION OR 23
DOCUMENTATION IS REQ UESTED OF EVERY POTE NTIAL RENTER; OR 24
(3) PROVIDING NOTICE TO A RENTER REGARDING C ONDUCT BY THE 25
RENTER THAT MAY VIOL ATE AN APPLICABLE RENTAL AGREEMENT OR LAW OR 26
REGULATION . 27
20–901. 28
(a) Except as provided in subsection (b) of this section, a unit, officer, or employee 29
of the State, a county, or a municipal corporation may not engage in a discriminatory act 30
prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 31
20–708.1 of this title. 32 HOUSE BILL 928 5
(b) Sections 20–304, 20–705, [and] 20–706, AND 20–708.1 of this title do not 1
prohibit the State, a county, or a municipality from: 2
(1) providing separate facilities for males and females in 3
government–owned or government–operated public institutions; or 4
(2) operating or funding special or separate programs and facilities for 5
children, seniors, or other special populations. 6
20–1020. 7
(a) In this part the following words have the meanings indicated. 8
(e) “Discriminatory housing practice” means an act that is prohibited under § 9
20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this title. 10
20–1103. 11
(a) In this section, “disability”, “dwelling”, “familial status”, “marital status”, 12
“rent”, and “source of income” have the meanings stated in § 20–701 of this title. 13
(b) Whether or not acting under color of law, a person may not, by force or threat 14
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 15
interfere with: 16
(1) any person because of race, color, religion, sex, disability, marital 17
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 18
STATUS, national origin, or source of income and because the person is or has been: 19
(i) selling, purchasing, renting, financing, occupying, or contracting 20
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 21
(ii) applying for or participating in any service, organization, or 22
facility relating to the business of selling or renting dwellings; 23
(2) any person because the person is or has been, or in order to intimidate 24
the person or any other person or any class of persons from: 25
(i) participating, without discrimination on account of race, color, 26
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 27
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, in any of the 28
activities, services, organizations, or facilities described in item (1) of this subsection; or 29
(ii) affording another person or class of persons the opportunity or 30
protection to participate in any of the activities, services, organizations, or facilities 31 6 HOUSE BILL 928
described in item (1) of this subsection; or 1
(3) any person because the person is or has been, or in order to discourage 2
the person or any other person from: 3
(i) lawfully aiding or encouraging other persons to participate, 4
without discrimination on account of race, color, religion, sex, disability, marital status, 5
familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 6
STATUS, national origin, or source of income, in any of the activities, services, 7
organizations, or facilities described in item (1) of this subsection; or 8
(ii) participating lawfully in speech or peaceful assembly opposing 9
any denial of the opportunity to participate in any of the activities, services, organizations, 10
or facilities described in item (1) of this subsection. 11
(c) A person who violates this section is guilty of a misdemeanor and on conviction 12
is subject to: 13
(1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 14
both; 15
(2) if the violation results in bodily injury, imprisonment not exceeding 10 16
years or a fine not exceeding $10,000 or both; or 17
(3) if the violation results in death, imprisonment not exceeding life. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20