Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0875* | |
9 | 6 | ||
10 | 7 | SENATE BILL 875 | |
11 | 8 | D5, N1 2lr0347 | |
12 | 9 | CF HB 928 | |
13 | - | By: Senator Waldstreicher | |
10 | + | By: Senator Waldstreicher | |
14 | 11 | Introduced and read first time: February 7, 2022 | |
15 | 12 | Assigned to: Judicial Proceedings | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: March 4, 2022 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Discrimination in Housing – Citizenship, Immigration Status, and National 2 | |
25 | 19 | Origin 3 | |
26 | 20 | ||
27 | 21 | FOR the purpose of stating the policy of the State to provide fair housing, regardless of 4 | |
28 | 22 | certain citizenship or immigration status; prohibiting certain discrimination related 5 | |
29 | 23 | to the sale or rental of a dwelling on the basis of citizenship or immigration status, 6 | |
30 | 24 | subject to certain exceptions; prohibiting certain inquiries and disclosures relating 7 | |
31 | 25 | to a person’s citizenship, immigration status, or national origin in connection with 8 | |
32 | 26 | the rental of a dwelling; and generally relating to discriminatory housing practices. 9 | |
33 | 27 | ||
34 | 28 | BY repealing and reenacting, without amendments, 10 | |
35 | 29 | Article – State Government 11 | |
36 | 30 | Section 20–701(a) and 20–1020(a) 12 | |
37 | 31 | Annotated Code of Maryland 13 | |
38 | 32 | (2021 Replacement Volume) 14 | |
39 | 33 | ||
40 | 34 | BY repealing and reenacting, with amendments, 15 | |
41 | 35 | Article – State Government 16 | |
42 | 36 | Section 20–701(c), 20–702, 20–705, 20–707, 20–901, 20–1020(e), and 20–1103 17 | |
43 | 37 | Annotated Code of Maryland 18 | |
44 | 38 | (2021 Replacement Volume) 19 | |
45 | 39 | ||
46 | 40 | BY adding to 20 | |
47 | 41 | Article – State Government 21 | |
48 | - | Section 20–701(a–1), (f–1), and (h–1) and 20–708.1 22 2 SENATE BILL 875 | |
42 | + | Section 20–708.1 22 | |
43 | + | Annotated Code of Maryland 23 | |
44 | + | (2021 Replacement Volume) 24 | |
45 | + | ||
46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
47 | + | That the Laws of Maryland read as follows: 26 | |
48 | + | 2 SENATE BILL 875 | |
49 | 49 | ||
50 | 50 | ||
51 | - | Annotated Code of Maryland 1 | |
52 | - | (2021 Replacement Volume) 2 | |
51 | + | Article – State Government 1 | |
53 | 52 | ||
54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
55 | - | That the Laws of Maryland read as follows: 4 | |
53 | + | 20–701. 2 | |
56 | 54 | ||
57 | - | ||
55 | + | (a) In this subtitle the following words have the meanings indicated. 3 | |
58 | 56 | ||
59 | - | 20–701. 6 | |
57 | + | (c) “Discriminatory housing practice” means an act that is prohibited under § 4 | |
58 | + | 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this subtitle. 5 | |
60 | 59 | ||
61 | - | ||
60 | + | 20–702. 6 | |
62 | 61 | ||
63 | - | (A–1) “CITIZENSHIP” MEANS THE ACTUAL OR PERCEIVED CITIZENSHI P OF A 8 | |
64 | - | PERSON. 9 | |
62 | + | (a) It is the policy of the State: 7 | |
65 | 63 | ||
66 | - | (c) “Discriminatory housing practice” means an act that is prohibited under § 10 | |
67 | - | 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this subtitle. 11 | |
64 | + | (1) to provide for fair housing throughout the State to all, regardless of 8 | |
65 | + | race, color, religion, sex, familial status, CITIZENSHIP, IMMIGRATION STATUS , national 9 | |
66 | + | origin, marital status, sexual orientation, gender identity, disability, or source of income; 10 | |
67 | + | and 11 | |
68 | 68 | ||
69 | - | (F–1) “IMMIGRATION STATUS ” MEANS THE ACTUAL OR PERCEIVED 12 | |
70 | - | IMMIGRATION STATUS O F A PERSON. 13 | |
69 | + | (2) to that end, to prohibit discriminatory practices with respect to 12 | |
70 | + | residential housing by any person, in order to protect and ensure the peace, health, safety, 13 | |
71 | + | prosperity, and general welfare of all. 14 | |
71 | 72 | ||
72 | - | (H–1) (1) “NATIONAL ORIGIN ” MEANS THE ACTUAL OR PERCEIVED 14 | |
73 | - | COUNTRY OR GEOGRAPHI C AREA OF ORIGIN OF A PERSON OR THE ANCE STORS OF A 15 | |
74 | - | PERSON. 16 | |
73 | + | (b) This subtitle: 15 | |
75 | 74 | ||
76 | - | (2) “NATIONAL ORIGIN ” INCLUDES THE BIRTHPL ACE, ETHNICITY, 17 | |
77 | - | ANCESTRY, NAME, CULTURE, AND LANGUAGE OF A PE RSON OR THE ANCESTOR S OF 18 | |
78 | - | A PERSON. 19 | |
75 | + | (1) is an exercise of the police power of the State for the protection of the 16 | |
76 | + | people of the State; and 17 | |
79 | 77 | ||
80 | - | 20–702. 20 | |
78 | + | (2) shall be administered and enforced by the Commission and, as provided 18 | |
79 | + | in this title, enforced by the appropriate State court. 19 | |
81 | 80 | ||
82 | - | ||
81 | + | 20–705. 20 | |
83 | 82 | ||
84 | - | (1) to provide for fair housing throughout the State to all, regardless of 22 | |
85 | - | race, color, religion, sex, familial status, CITIZENSHIP, IMMIGRATION STATUS , national 23 | |
86 | - | origin, marital status, sexual orientation, gender identity, disability, or source of income; 24 | |
87 | - | and 25 | |
83 | + | Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 21 | |
88 | 84 | ||
89 | - | (2) to that end, to prohibit discriminatory practices with respect to 26 | |
90 | - | residential housing by any person, in order to protect and ensure the peace, health, safety, 27 | |
91 | - | prosperity, and general welfare of all. 28 | |
85 | + | (1) refuse to sell or rent after the making of a bona fide offer, refuse to 22 | |
86 | + | negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 23 | |
87 | + | person because of race, color, religion, sex, disability, marital status, familial status, sexual 24 | |
88 | + | orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 25 | |
89 | + | source of income; 26 | |
92 | 90 | ||
93 | - | (b) This subtitle: 29 | |
91 | + | (2) discriminate against any person in the terms, conditions, or privileges 27 | |
92 | + | of the sale or rental of a dwelling, or in the provision of services or facilities in connection 28 | |
93 | + | with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 29 | |
94 | + | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 30 | |
95 | + | STATUS, national origin, or source of income; 31 | |
96 | + | SENATE BILL 875 3 | |
94 | 97 | ||
95 | - | (1) is an exercise of the police power of the State for the protection of the 30 | |
96 | - | people of the State; and 31 SENATE BILL 875 3 | |
98 | + | ||
99 | + | (3) make, print, or publish, or cause to be made, printed, or published, any 1 | |
100 | + | notice, statement, or advertisement with respect to the sale or rental of a dwelling that 2 | |
101 | + | indicates any preference, limitation, or discrimination based on race, color, religion, sex, 3 | |
102 | + | disability, marital status, familial status, sexual orientation, gender identity, 4 | |
103 | + | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, or an intention 5 | |
104 | + | to make any preference, limitation, or discrimination; 6 | |
105 | + | ||
106 | + | (4) represent to any person, because of race, color, religion, sex, disability, 7 | |
107 | + | marital status, familial status, sexual orientation, gender identity, CITIZENSHIP, 8 | |
108 | + | IMMIGRATION STATUS , national origin, or source of income, that any dwelling is not 9 | |
109 | + | available for inspection, sale, or rental when the dwelling is available; or 10 | |
110 | + | ||
111 | + | (5) for profit, induce or attempt to induce any person to sell or rent any 11 | |
112 | + | dwelling by representations regarding the entry or prospective entry into the neighborhood 12 | |
113 | + | of a person of a particular race, color, religion, sex, disability, marital status, familial status, 13 | |
114 | + | sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national 14 | |
115 | + | origin, or source of income. 15 | |
116 | + | ||
117 | + | 20–707. 16 | |
118 | + | ||
119 | + | (a) In this section, “residential real estate–related transaction” means: 17 | |
120 | + | ||
121 | + | (1) the making or purchasing of loans or providing other financial 18 | |
122 | + | assistance: 19 | |
123 | + | ||
124 | + | (i) for purchasing, constructing, improving, repairing, or 20 | |
125 | + | maintaining a dwelling; or 21 | |
126 | + | ||
127 | + | (ii) secured by residential real estate; or 22 | |
128 | + | ||
129 | + | (2) the selling, brokering, or appraising of residential real property. 23 | |
130 | + | ||
131 | + | (b) (1) A person whose business includes engaging in residential real 24 | |
132 | + | estate–related transactions may not discriminate against any person in making available 25 | |
133 | + | a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 26 | |
134 | + | sex, disability, marital status, familial status, sexual orientation, gender identity, 27 | |
135 | + | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income. 28 | |
136 | + | ||
137 | + | (2) Paragraph (1) of this subsection does not prohibit a person engaged in 29 | |
138 | + | the business of furnishing appraisals of real property from taking into consideration factors 30 | |
139 | + | other than race, color, religion, sex, disability, marital status, familial status, sexual 31 | |
140 | + | orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 32 | |
141 | + | source of income. 33 | |
142 | + | ||
143 | + | (c) A person may not, because of race, color, religion, sex, disability, marital 34 | |
144 | + | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 35 4 SENATE BILL 875 | |
145 | + | ||
146 | + | ||
147 | + | STATUS, national origin, or source of income: 1 | |
148 | + | ||
149 | + | (1) deny a person access to, or membership or participation in, a 2 | |
150 | + | multiple–listing service, real estate brokers’ organization, or other service, organization, or 3 | |
151 | + | facility relating to the business of selling or renting dwellings; or 4 | |
152 | + | ||
153 | + | (2) discriminate against a person in the terms or conditions of membership 5 | |
154 | + | or participation. 6 | |
155 | + | ||
156 | + | 20–708.1. 7 | |
157 | + | ||
158 | + | (A) UNLESS SPECIFICALLY R EQUIRED BY STATE OR FEDERAL LAW OR 8 | |
159 | + | COURT ORDER , IN CONNECTION WITH T HE RENTAL OF A DWELL ING, A PERSON MAY 9 | |
160 | + | NOT: 10 | |
161 | + | ||
162 | + | (1) INQUIRE ABOUT A PERS ON’S CITIZENSHIP, IMMIGRATION STATUS , 11 | |
163 | + | OR NATIONAL ORIGIN ; OR 12 | |
164 | + | ||
165 | + | (2) DISCLOSE OR THREATEN TO DISCLOSE INFORMAT ION REGARDING 13 | |
166 | + | A PERSON’S ACTUAL OR PERCEIVE D CITIZENSHIP, IMMIGRATION STATUS , OR 14 | |
167 | + | NATIONAL ORIGIN TO A NY OTHER PERSON , INCLUDING AN IMMIGRA TION 15 | |
168 | + | AUTHORITY OR A LAW E NFORCEMENT AGENCY . 16 | |
169 | + | ||
170 | + | (B) THIS SECTION DOES NOT PROHIBIT A PERSON FROM : 17 | |
171 | + | ||
172 | + | (1) COMPLYING WITH A LEG AL OBLIGATION OR ACT ING PURSUANT TO 18 | |
173 | + | A CONDITION FOR FUND ING UNDER A FEDERAL , STATE, OR LOCAL GOVERNMENT 19 | |
174 | + | PROGRAM; 20 | |
175 | + | ||
176 | + | (2) REQUESTING INFORMATI ON OR DOCUMENTATION AS PART OF A 21 | |
177 | + | STANDARD RENTAL PRAC TICE TO VERIFY TH E FINANCIAL QUALIFIC ATIONS OR 22 | |
178 | + | IDENTITY OF A POTENT IAL RENTER IF THE SA ME INFORMATION OR 23 | |
179 | + | DOCUMENTATION IS REQ UESTED OF EVERY POTE NTIAL RENTER; OR 24 | |
180 | + | ||
181 | + | (3) PROVIDING NOTICE TO A RENTER REGARDING C ONDUCT BY THE 25 | |
182 | + | RENTER THAT MAY VIOL ATE AN APPLICABLE RE NTAL AGREE MENT OR LAW OR 26 | |
183 | + | REGULATION . 27 | |
184 | + | ||
185 | + | 20–901. 28 | |
186 | + | ||
187 | + | (a) Except as provided in subsection (b) of this section, a unit, officer, or employee 29 | |
188 | + | of the State, a county, or a municipal corporation may not engage in a discriminatory act 30 | |
189 | + | prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 31 | |
190 | + | 20–708.1 of this title. 32 SENATE BILL 875 5 | |
97 | 191 | ||
98 | 192 | ||
99 | 193 | ||
100 | - | ( | |
101 | - | ||
194 | + | (b) Sections 20–304, 20–705, [and] 20–706, AND 20–708.1 of this title do not 1 | |
195 | + | prohibit the State, a county, or a municipality from: 2 | |
102 | 196 | ||
103 | - | 20–705. 3 | |
197 | + | (1) providing separate facilities for males and fema les in 3 | |
198 | + | government–owned or government–operated public institutions; or 4 | |
104 | 199 | ||
105 | - | Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 4 | |
200 | + | (2) operating or funding special or separate programs and facilities for 5 | |
201 | + | children, seniors, or other special populations. 6 | |
106 | 202 | ||
107 | - | (1) refuse to sell or rent after the making of a bona fide offer, refuse to 5 | |
108 | - | negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 6 | |
109 | - | person because of race, color, religion, sex, disability, marital status, familial status, sexual 7 | |
110 | - | orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 8 | |
111 | - | source of income; 9 | |
203 | + | 20–1020. 7 | |
112 | 204 | ||
113 | - | (2) discriminate against any person in the terms, conditions, or privileges 10 | |
114 | - | of the sale or rental of a dwelling, or in the provision of services or facilities in connection 11 | |
115 | - | with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 12 | |
116 | - | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 13 | |
117 | - | STATUS, national origin, or source of income; 14 | |
205 | + | (a) In this part the following words have the meanings indicated. 8 | |
118 | 206 | ||
119 | - | (3) make, print, or publish, or cause to be made, printed, or published, any 15 | |
120 | - | notice, statement, or advertisement with respect to the sale or rental of a dwelling that 16 | |
121 | - | indicates any preference, limitation, or discrimination based on race, color, religion, sex, 17 | |
122 | - | disability, marital status, familial status, sexual orientation, gender identity, 18 | |
123 | - | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, or an intention 19 | |
124 | - | to make any preference, limitation, or discrimination; 20 | |
207 | + | (e) “Discriminatory housing practice” means an act that is prohibited under § 9 | |
208 | + | 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this title. 10 | |
125 | 209 | ||
126 | - | (4) represent to any person, because of race, color, religion, sex, disability, 21 | |
127 | - | marital status, familial status, sexual orientation, gender identity, CITIZENSHIP, 22 | |
128 | - | IMMIGRATION STATUS , national origin, or source of income, that any dwelling is not 23 | |
129 | - | available for inspection, sale, or rental when the dwelling is available; or 24 | |
210 | + | 20–1103. 11 | |
130 | 211 | ||
131 | - | (5) for profit, induce or attempt to induce any person to sell or rent any 25 | |
132 | - | dwelling by representations regarding the entry or prospective entry into the neighborhood 26 | |
133 | - | of a person of a particular race, color, religion, sex, disability, marital status, familial status, 27 | |
134 | - | sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national 28 | |
135 | - | origin, or source of income. 29 | |
212 | + | (a) In this section, “disability”, “dwelling”, “familial status”, “marital status”, 12 | |
213 | + | “rent”, and “source of income” have the meanings stated in § 20–701 of this title. 13 | |
136 | 214 | ||
137 | - | 20–707. 30 | |
215 | + | (b) Whether or not acting under color of law, a person may not, by force or threat 14 | |
216 | + | of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 15 | |
217 | + | interfere with: 16 | |
138 | 218 | ||
139 | - | (a) In this section, “residential real estate–related transaction” means: 31 | |
219 | + | (1) any person because of race, color, religion, sex, disability, marital 17 | |
220 | + | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 18 | |
221 | + | STATUS, national origin, or source of income and because the person is or has been: 19 | |
140 | 222 | ||
141 | - | (1) the making or purchasing of loans or providing other financial 32 | |
142 | - | assistance: 33 | |
143 | - | 4 SENATE BILL 875 | |
223 | + | (i) selling, purchasing, renting, financing, occupying, or contracting 20 | |
224 | + | or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 21 | |
225 | + | ||
226 | + | (ii) applying for or participating in any service, organization, or 22 | |
227 | + | facility relating to the business of selling or renting dwellings; 23 | |
228 | + | ||
229 | + | (2) any person because the person is or has been, or in order to intimidate 24 | |
230 | + | the person or any other person or any class of persons from: 25 | |
231 | + | ||
232 | + | (i) participating, without discrimination on account of race, color, 26 | |
233 | + | religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 27 | |
234 | + | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, in any of the 28 | |
235 | + | activities, services, organizations, or facilities described in item (1) of this subsection; or 29 | |
236 | + | ||
237 | + | (ii) affording another person or class of persons the opportunity or 30 | |
238 | + | protection to participate in any of the activities, services, organizations, or facilities 31 6 SENATE BILL 875 | |
144 | 239 | ||
145 | 240 | ||
146 | - | (i) for purchasing, constructing, improving, repairing, or 1 | |
147 | - | maintaining a dwelling; or 2 | |
241 | + | described in item (1) of this subsection; or 1 | |
148 | 242 | ||
149 | - | (ii) secured by residential real estate; or 3 | |
243 | + | (3) any person because the person is or has been, or in order to discourage 2 | |
244 | + | the person or any other person from: 3 | |
150 | 245 | ||
151 | - | (2) the selling, brokering, or appraising of residential real property. 4 | |
246 | + | (i) lawfully aiding or encouraging other persons to participate, 4 | |
247 | + | without discrimination on account of race, color, religion, sex, disability, marital status, 5 | |
248 | + | familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 6 | |
249 | + | STATUS, national origin, or source of income, in any of the activities, services, 7 | |
250 | + | organizations, or facilities described in item (1) of this subsection; or 8 | |
152 | 251 | ||
153 | - | (b) (1) A person whose business includes engaging in residential real 5 | |
154 | - | estate–related transactions may not discriminate against any person in making available 6 | |
155 | - | a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 7 | |
156 | - | sex, disability, marital status, familial status, sexual orientation, gender identity, 8 | |
157 | - | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income. 9 | |
252 | + | (ii) participating lawfully in speech or peaceful assembly opposing 9 | |
253 | + | any denial of the opportunity to participate in any of the activities, services, organizations, 10 | |
254 | + | or facilities described in item (1) of this subsection. 11 | |
158 | 255 | ||
159 | - | (2) Paragraph (1) of this subsection does not prohibit a person engaged in 10 | |
160 | - | the business of furnishing appraisals of real property from taking into consideration factors 11 | |
161 | - | other than race, color, religion, sex, disability, marital status, familial status, sexual 12 | |
162 | - | orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 13 | |
163 | - | source of income. 14 | |
256 | + | (c) A person who violates this section is guilty of a misdemeanor and on conviction 12 | |
257 | + | is subject to: 13 | |
164 | 258 | ||
165 | - | (c) A person may not, because of race, color, religion, sex, disability, marital 15 | |
166 | - | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 16 | |
167 | - | STATUS, national origin, or source of income: 17 | |
259 | + | (1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 14 | |
260 | + | both; 15 | |
168 | 261 | ||
169 | - | (1) deny a person access to, or membersh ip or participation in, a 18 | |
170 | - | multiple–listing service, real estate brokers’ organization, or other service, organization, or 19 | |
171 | - | facility relating to the business of selling or renting dwellings; or 20 | |
262 | + | (2) if the violation results in bodily injury, imprisonment not exceeding 10 16 | |
263 | + | years or a fine not exceeding $10,000 or both; or 17 | |
172 | 264 | ||
173 | - | (2) discriminate against a person in the terms or conditions of membership 21 | |
174 | - | or participation. 22 | |
265 | + | (3) if the violation results in death, imprisonment not exceeding life. 18 | |
175 | 266 | ||
176 | - | 20–708.1. 23 | |
267 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 | |
268 | + | October 1, 2022. 20 | |
177 | 269 | ||
178 | - | (A) UNLESS SPECIFICALLY R EQUIRED BY STATE OR FEDERAL LAW OR 24 | |
179 | - | COURT ORDER , IN CONNECTION WITH T HE RENTAL OF A DWELL ING, A PERSON MAY 25 | |
180 | - | NOT: 26 | |
181 | - | ||
182 | - | (1) INQUIRE ABOUT A PERS ON’S CITIZENSHIP, IMMIGRATION STATUS , 27 | |
183 | - | OR NATIONAL ORIGIN ; OR 28 | |
184 | - | ||
185 | - | (2) DISCLOSE OR THREATEN TO DISCLOSE INFORMAT ION REGARDING 29 | |
186 | - | A PERSON’S ACTUAL OR PERCEIVED CITIZENSHIP, IMMIGRATION STATUS , OR 30 | |
187 | - | NATIONAL ORIGIN TO A NY OTHER PERSON , INCLUDING AN IMMIGRA TION 31 | |
188 | - | AUTHORITY OR A LAW E NFORCEMENT AGENCY . 32 | |
189 | - | ||
190 | - | (B) THIS SECTION DOES NOT PROHIBIT A PERSON FR OM: 33 | |
191 | - | SENATE BILL 875 5 | |
192 | - | ||
193 | - | ||
194 | - | (1) COMPLYING WITH A LEG AL OBLIGATION OR ACT ING PURSUANT TO 1 | |
195 | - | A CONDITION FOR FUND ING UNDER A FEDERAL , STATE, OR LOCAL GOVERNMENT 2 | |
196 | - | PROGRAM; 3 | |
197 | - | ||
198 | - | (2) REQUESTING INFORMATI ON OR DOCUMENTATION AS PART OF A 4 | |
199 | - | STANDARD R ENTAL PRACTICE TO VE RIFY THE FINANCIAL Q UALIFICATIONS OR 5 | |
200 | - | IDENTITY OF A POTENT IAL RENTER IF THE SA ME INFORMATION OR 6 | |
201 | - | DOCUMENTATION IS REQ UESTED OF EVERY POTE NTIAL RENTER; OR 7 | |
202 | - | ||
203 | - | (3) PROVIDING NOTICE TO A RENTER REGARDING C ONDUCT BY THE 8 | |
204 | - | RENTER THAT MAY VIOL ATE AN APPLICABLE RENTAL AGREEMENT OR LAW OR 9 | |
205 | - | REGULATION ; OR 10 | |
206 | - | ||
207 | - | (4) RESPONDING TO AN INQ UIRY FROM A LAW ENFO RCEMENT 11 | |
208 | - | AGENCY THAT IS PART OF A CRIMINAL INVEST IGATION. 12 | |
209 | - | ||
210 | - | 20–901. 13 | |
211 | - | ||
212 | - | (a) Except as provided in subsection (b) of this section, a unit, officer, or employee 14 | |
213 | - | of the State, a county, or a municipal corporation may not engage in a discriminatory act 15 | |
214 | - | prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 16 | |
215 | - | 20–708.1 of this title. 17 | |
216 | - | ||
217 | - | (b) Sections 20–304, 20–705, [and] 20–706, AND 20–708.1 of this title do not 18 | |
218 | - | prohibit the State, a county, or a municipality from: 19 | |
219 | - | ||
220 | - | (1) providing separate facilities for males and females in 20 | |
221 | - | government–owned or government–operated public institutions; or 21 | |
222 | - | ||
223 | - | (2) operating or funding special or separate programs and facilities for 22 | |
224 | - | children, seniors, or other special populations. 23 | |
225 | - | ||
226 | - | 20–1020. 24 | |
227 | - | ||
228 | - | (a) In this part the following words have the meanings indicated. 25 | |
229 | - | ||
230 | - | (e) “Discriminatory housing practice” means an act that is prohibited under § 26 | |
231 | - | 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this title. 27 | |
232 | - | ||
233 | - | 20–1103. 28 | |
234 | - | ||
235 | - | (a) In this section, “CITIZENSHIP”, “disability”, “dwelling”, “familial status”, 29 | |
236 | - | “IMMIGRATION STATUS ”, “marital status”, “NATIONAL ORIGIN ”, “rent”, and “source of 30 | |
237 | - | income” have the meanings stated in § 20–701 of this title. 31 | |
238 | - | 6 SENATE BILL 875 | |
239 | - | ||
240 | - | ||
241 | - | (b) Whether or not acting under color of law, a person may not, by force or threat 1 | |
242 | - | of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 2 | |
243 | - | interfere with: 3 | |
244 | - | ||
245 | - | (1) any person because of race, color, religion, sex, disability, marital 4 | |
246 | - | status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 5 | |
247 | - | STATUS, national origin, or source of income and because the person is or has been: 6 | |
248 | - | ||
249 | - | (i) selling, purchasing, renting, financing, occupying, or contracting 7 | |
250 | - | or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 8 | |
251 | - | ||
252 | - | (ii) applying for or participating in any service, organization, or 9 | |
253 | - | facility relating to the business of selling or renting dwellings; 10 | |
254 | - | ||
255 | - | (2) any person because the person is or has been, or in order to intimidate 11 | |
256 | - | the person or any other person or any class of persons from: 12 | |
257 | - | ||
258 | - | (i) participating, without discrimination on account of race, color, 13 | |
259 | - | religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 14 | |
260 | - | CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, in any of the 15 | |
261 | - | activities, services, organizations, or facilities described in item (1) of this subsection; or 16 | |
262 | - | ||
263 | - | (ii) affording another person or class of persons the opportunity or 17 | |
264 | - | protection to participate in any of the activities, services, organizations, or facilities 18 | |
265 | - | described in item (1) of this subsection; or 19 | |
266 | - | ||
267 | - | (3) any person because the person is or has been, or in order to discourage 20 | |
268 | - | the person or any other person from: 21 | |
269 | - | ||
270 | - | (i) lawfully aiding or encouraging other persons to participate, 22 | |
271 | - | without discrimination on account of race, color, religion, sex, disability, marital status, 23 | |
272 | - | familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 24 | |
273 | - | STATUS, national origin, or source of income, in any of the activities, services, 25 | |
274 | - | organizations, or facilities described in item (1) of this subsection; or 26 | |
275 | - | ||
276 | - | (ii) participating lawfully in speech or peaceful assembly opposing 27 | |
277 | - | any denial of the opportunity to participate in any of the activities, services, organizations, 28 | |
278 | - | or facilities described in item (1) of this subsection. 29 | |
279 | - | ||
280 | - | (c) A person who violates this section is guilty of a misdemeanor and on conviction 30 | |
281 | - | is subject to: 31 | |
282 | - | ||
283 | - | (1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 32 | |
284 | - | both; 33 | |
285 | - | ||
286 | - | (2) if the violation results in bodily injury, imprisonment not exceeding 10 34 | |
287 | - | years or a fine not exceeding $10,000 or both; or 35 SENATE BILL 875 7 | |
288 | - | ||
289 | - | ||
290 | - | ||
291 | - | (3) if the violation results in death, imprisonment not exceeding life. 1 | |
292 | - | ||
293 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 | |
294 | - | October 1, 2022. 3 | |
295 | - | ||
296 | - | ||
297 | - | ||
298 | - | Approved: | |
299 | - | ________________________________________________________________________________ | |
300 | - | Governor. | |
301 | - | ________________________________________________________________________________ | |
302 | - | President of the Senate. | |
303 | - | ________________________________________________________________________________ | |
304 | - | Speaker of the House of Delegates. |