EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0875*
SENATE BILL 875
D5, N1 2lr0347
CF HB 928
By: Senator Waldstreicher Senators Waldstreicher and Lee
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 4, 2022
CHAPTER ______
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 20–701(a–1), (f–1), and (h–1) and 20–708.1 22 2 SENATE BILL 875
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – State Government 5
20–701. 6
(a) In this subtitle the following words have the meanings indicated. 7
(A–1) “CITIZENSHIP” MEANS THE ACTUAL OR PERCEIVED CITIZENSHI P OF A 8
PERSON. 9
(c) “Discriminatory housing practice” means an act that is prohibited under § 10
20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this subtitle. 11
(F–1) “IMMIGRATION STATUS ” MEANS THE ACTUAL OR PERCEIVED 12
IMMIGRATION STATUS O F A PERSON. 13
(H–1) (1) “NATIONAL ORIGIN ” MEANS THE ACTUAL OR PERCEIVED 14
COUNTRY OR GEOGRAPHI C AREA OF ORIGIN OF A PERSON OR THE ANCE STORS OF A 15
PERSON. 16
(2) “NATIONAL ORIGIN ” INCLUDES THE BIRTHPL ACE, ETHNICITY, 17
ANCESTRY, NAME, CULTURE, AND LANGUAGE OF A PE RSON OR THE ANCESTOR S OF 18
A PERSON. 19
20–702. 20
(a) It is the policy of the State: 21
(1) to provide for fair housing throughout the State to all, regardless of 22
race, color, religion, sex, familial status, CITIZENSHIP, IMMIGRATION STATUS , national 23
origin, marital status, sexual orientation, gender identity, disability, or source of income; 24
and 25
(2) to that end, to prohibit discriminatory practices with respect to 26
residential housing by any person, in order to protect and ensure the peace, health, safety, 27
prosperity, and general welfare of all. 28
(b) This subtitle: 29
(1) is an exercise of the police power of the State for the protection of the 30
people of the State; and 31 SENATE BILL 875 3
(2) shall be administered and enforced by the Commission and, as provided 1
in this title, enforced by the appropriate State court. 2
20–705. 3
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 4
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 5
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 6
person because of race, color, religion, sex, disability, marital status, familial status, sexual 7
orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 8
source of income; 9
(2) discriminate against any person in the terms, conditions, or privileges 10
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 11
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 12
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 13
STATUS, national origin, or source of income; 14
(3) make, print, or publish, or cause to be made, printed, or published, any 15
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 16
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 17
disability, marital status, familial status, sexual orientation, gender identity, 18
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, or an intention 19
to make any preference, limitation, or discrimination; 20
(4) represent to any person, because of race, color, religion, sex, disability, 21
marital status, familial status, sexual orientation, gender identity, CITIZENSHIP, 22
IMMIGRATION STATUS , national origin, or source of income, that any dwelling is not 23
available for inspection, sale, or rental when the dwelling is available; or 24
(5) for profit, induce or attempt to induce any person to sell or rent any 25
dwelling by representations regarding the entry or prospective entry into the neighborhood 26
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 27
sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national 28
origin, or source of income. 29
20–707. 30
(a) In this section, “residential real estate–related transaction” means: 31
(1) the making or purchasing of loans or providing other financial 32
assistance: 33
4 SENATE BILL 875
(i) for purchasing, constructing, improving, repairing, or 1
maintaining a dwelling; or 2
(ii) secured by residential real estate; or 3
(2) the selling, brokering, or appraising of residential real property. 4
(b) (1) A person whose business includes engaging in residential real 5
estate–related transactions may not discriminate against any person in making available 6
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 7
sex, disability, marital status, familial status, sexual orientation, gender identity, 8
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income. 9
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 10
the business of furnishing appraisals of real property from taking into consideration factors 11
other than race, color, religion, sex, disability, marital status, familial status, sexual 12
orientation, gender identity, CITIZENSHIP, IMMIGRATION STATUS , national origin, or 13
source of income. 14
(c) A person may not, because of race, color, religion, sex, disability, marital 15
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 16
STATUS, national origin, or source of income: 17
(1) deny a person access to, or membersh ip or participation in, a 18
multiple–listing service, real estate brokers’ organization, or other service, organization, or 19
facility relating to the business of selling or renting dwellings; or 20
(2) discriminate against a person in the terms or conditions of membership 21
or participation. 22
20–708.1. 23
(A) UNLESS SPECIFICALLY R EQUIRED BY STATE OR FEDERAL LAW OR 24
COURT ORDER , IN CONNECTION WITH T HE RENTAL OF A DWELL ING, A PERSON MAY 25
NOT: 26
(1) INQUIRE ABOUT A PERS ON’S CITIZENSHIP, IMMIGRATION STATUS , 27
OR NATIONAL ORIGIN ; OR 28
(2) DISCLOSE OR THREATEN TO DISCLOSE INFORMAT ION REGARDING 29
A PERSON’S ACTUAL OR PERCEIVED CITIZENSHIP, IMMIGRATION STATUS , OR 30
NATIONAL ORIGIN TO A NY OTHER PERSON , INCLUDING AN IMMIGRA TION 31
AUTHORITY OR A LAW E NFORCEMENT AGENCY . 32
(B) THIS SECTION DOES NOT PROHIBIT A PERSON FR OM: 33
SENATE BILL 875 5
(1) COMPLYING WITH A LEG AL OBLIGATION OR ACT ING PURSUANT TO 1
A CONDITION FOR FUND ING UNDER A FEDERAL , STATE, OR LOCAL GOVERNMENT 2
PROGRAM; 3
(2) REQUESTING INFORMATI ON OR DOCUMENTATION AS PART OF A 4
STANDARD R ENTAL PRACTICE TO VE RIFY THE FINANCIAL Q UALIFICATIONS OR 5
IDENTITY OF A POTENT IAL RENTER IF THE SA ME INFORMATION OR 6
DOCUMENTATION IS REQ UESTED OF EVERY POTE NTIAL RENTER; OR 7
(3) PROVIDING NOTICE TO A RENTER REGARDING C ONDUCT BY THE 8
RENTER THAT MAY VIOL ATE AN APPLICABLE RENTAL AGREEMENT OR LAW OR 9
REGULATION ; OR 10
(4) RESPONDING TO AN INQ UIRY FROM A LAW ENFO RCEMENT 11
AGENCY THAT IS PART OF A CRIMINAL INVEST IGATION. 12
20–901. 13
(a) Except as provided in subsection (b) of this section, a unit, officer, or employee 14
of the State, a county, or a municipal corporation may not engage in a discriminatory act 15
prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 20–707, [or] § 20–708, OR § 16
20–708.1 of this title. 17
(b) Sections 20–304, 20–705, [and] 20–706, AND 20–708.1 of this title do not 18
prohibit the State, a county, or a municipality from: 19
(1) providing separate facilities for males and females in 20
government–owned or government–operated public institutions; or 21
(2) operating or funding special or separate programs and facilities for 22
children, seniors, or other special populations. 23
20–1020. 24
(a) In this part the following words have the meanings indicated. 25
(e) “Discriminatory housing practice” means an act that is prohibited under § 26
20–705, § 20–706, § 20–707, [or] § 20–708, OR § 20–708.1 of this title. 27
20–1103. 28
(a) In this section, “CITIZENSHIP”, “disability”, “dwelling”, “familial status”, 29
“IMMIGRATION STATUS ”, “marital status”, “NATIONAL ORIGIN ”, “rent”, and “source of 30
income” have the meanings stated in § 20–701 of this title. 31
6 SENATE BILL 875
(b) Whether or not acting under color of law, a person may not, by force or threat 1
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 2
interfere with: 3
(1) any person because of race, color, religion, sex, disability, marital 4
status, familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 5
STATUS, national origin, or source of income and because the person is or has been: 6
(i) selling, purchasing, renting, financing, occupying, or contracting 7
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 8
(ii) applying for or participating in any service, organization, or 9
facility relating to the business of selling or renting dwellings; 10
(2) any person because the person is or has been, or in order to intimidate 11
the person or any other person or any class of persons from: 12
(i) participating, without discrimination on account of race, color, 13
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 14
CITIZENSHIP, IMMIGRATION STATUS , national origin, or source of income, in any of the 15
activities, services, organizations, or facilities described in item (1) of this subsection; or 16
(ii) affording another person or class of persons the opportunity or 17
protection to participate in any of the activities, services, organizations, or facilities 18
described in item (1) of this subsection; or 19
(3) any person because the person is or has been, or in order to discourage 20
the person or any other person from: 21
(i) lawfully aiding or encouraging other persons to participate, 22
without discrimination on account of race, color, religion, sex, disability, marital status, 23
familial status, sexual orientation, gender identity, CITIZENSHIP, IMMIGRATION 24
STATUS, national origin, or source of income, in any of the activities, services, 25
organizations, or facilities described in item (1) of this subsection; or 26
(ii) participating lawfully in speech or peaceful assembly opposing 27
any denial of the opportunity to participate in any of the activities, services, organizations, 28
or facilities described in item (1) of this subsection. 29
(c) A person who violates this section is guilty of a misdemeanor and on conviction 30
is subject to: 31
(1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 32
both; 33
(2) if the violation results in bodily injury, imprisonment not exceeding 10 34
years or a fine not exceeding $10,000 or both; or 35 SENATE BILL 875 7
(3) if the violation results in death, imprisonment not exceeding life. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.