MD
Maryland House Bill HB1293

Maryland 2023 Regular Session

Maryland House Bill HB1293 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1293*
66
77 HOUSE BILL 1293
88 D5, N1 3lr2946
99
1010 By: Delegate Addison
1111 Introduced and read first time: February 28, 2023
1212 Assigned to: Rules and Executive Nominations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Discrimination in Housing – Consumer Credit History 2
1919
2020 FOR the purpose of prohibiting the inclusion of a consumer credit history in a reusable 3
2121 tenant screening report; expanding the fair housing policy of the State to provide 4
2222 housing to all citizens regardless of consumer credit history; and generally relating 5
2323 to prohibitions against discrimination in housing based on consumer credit history. 6
2424
2525 BY repealing and reenacting, with amendments, 7
2626 Article – Real Property 8
2727 Section 8–218 9
2828 Annotated Code of Maryland 10
2929 (2015 Replacement Volume and 2022 Supplement) 11
3030
3131 BY repealing and reenacting, with amendments, 12
3232 Article – State Government 13
3333 Section 20–701, 20–702, 20–704, 20–705, 20–707, and 20–1103 14
3434 Annotated Code of Maryland 15
3535 (2021 Replacement Volume and 2022 Supplement) 16
3636
3737 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
3838 That the Laws of Maryland read as follows: 18
3939
4040 Article – Real Property 19
4141
4242 8–218. 20
4343
4444 (a) (1) In this section[, “reusable] THE FOLLOWING WORDS HAVE THE 21
4545 MEANINGS INDICATED. 22
4646 2 HOUSE BILL 1293
4747
4848
4949 (2) (I) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN 1
5050 ACCOUNT BY A CREDIT REPORTING AGENCY BEA RING ON A CONSUMER ’S 2
5151 CREDITWORTHINESS , CREDIT STANDING , OR CREDIT CAPACITY . 3
5252
5353 (II) “CONSUMER CREDIT HISTO RY” INCLUDES: 4
5454
5555 1. A CONSUMER CREDIT REPO RT; OR 5
5656
5757 2. A CREDIT SCORE . 6
5858
5959 (3) “REUSABLE tenant screening report” means a report prepared within 7
6060 the previous 30 days by a consumer reporting agency at the request and expense of a 8
6161 prospective tenant and made directly available to a prospective landlord at no charge for 9
6262 use in the rental application process. 10
6363
6464 (b) (1) A reusable tenant screening report shall contain the following 11
6565 information regarding a prospective tenant: 12
6666
6767 [(1) A credit report; 13
6868
6969 (2)] (I) For each jurisdiction indicated as a prior residence of the 14
7070 prospective tenant, regardless of whether the residence is reported by the prospective 15
7171 tenant or by a consumer reporting agency preparing a consumer report: 16
7272
7373 [(i)] 1. A comprehensive criminal history records check for all 17
7474 federal, state, and local charges against and convictions of the prospective tenant over the 18
7575 previous 7 years; and 19
7676
7777 [(ii)] 2. A comprehensive eviction history for all state and local 20
7878 jurisdictions for the previous 7 years; 21
7979
8080 [(3)] (II) Verification of employment and income; and 22
8181
8282 [(4)] (III) Current address and rental history. 23
8383
8484 (2) A REUSABLE TENANT SCRE ENING REPORT MAY NOT CONTAIN A 24
8585 CONSUMER CREDIT HISTORY. 25
8686
8787 (c) (1) A landlord shall notify prospective tenants regarding whether or not 26
8888 the landlord accepts reusable tenant screening reports. 27
8989
9090 (2) Notice under paragraph (1) of this subsection may be in writing or by 28
9191 posting notice in a conspicuous manner, including: 29
9292
9393 (i) A statement posted on a rental housing listing; 30 HOUSE BILL 1293 3
9494
9595
9696
9797 (ii) Notice posted on the homepage of a website; 1
9898
9999 (iii) Information provided in the rental application page for a rental 2
100100 property online; or 3
101101
102102 (iv) Any other manner reasonably calculated to provide potential 4
103103 tenants with notice. 5
104104
105105 (d) If a prospective tenant provides a reusable tenant screening report to a 6
106106 landlord that accepts reusable tenant screening reports, the landlord may not charge the 7
107107 prospective tenant: 8
108108
109109 (1) A fee for the landlord to access the report; or 9
110110
111111 (2) An application fee. 10
112112
113113 (e) A landlord that accepts a reusable tenant screening report under this section 11
114114 may require a prospective tenant to certify that there has not been a material change to 12
115115 the tenant’s name, address, bankruptcy status, criminal history, or eviction history since 13
116116 the date that the report was generated. 14
117117
118118 (f) Prior to the execution of a lease agreement, a landlord may reject an 15
119119 application for tenancy if a prospective tenant made a material change to a reusable tenant 16
120120 screening report. 17
121121
122122 Article – State Government 18
123123
124124 20–701. 19
125125
126126 (a) In this subtitle the following words have the meanings indicated. 20
127127
128128 (b) (1) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN AC COUNT 21
129129 BY A CREDIT REPORTIN G AGENCY BEARING ON A CONSUMER ’S CREDITWORTHINESS , 22
130130 CREDIT STANDING, OR CREDIT CAPACITY . 23
131131
132132 (2) “CONSUMER CREDIT HISTO RY” INCLUDES: 24
133133
134134 (I) A CONSUMER CREDIT RE PORT; OR 25
135135
136136 (II) A CREDIT SCORE . 26
137137
138138 (C) (1) “Disability” means: 27
139139
140140 (i) a physical or mental impairment that substantially limits one or 28
141141 more of an individual’s major life activities; 29 4 HOUSE BILL 1293
142142
143143
144144
145145 (ii) a record of having a physical or mental impairment that 1
146146 substantially limits one or more of an individual’s major life activities; or 2
147147
148148 (iii) being regarded as having a physical or mental impairment that 3
149149 substantially limits one or more of an individual’s major life activities. 4
150150
151151 (2) “Disability” does not include the current illegal use of or addiction to: 5
152152
153153 (i) a controlled dangerous substance, as defined in § 5–101 of the 6
154154 Criminal Law Article; or 7
155155
156156 (ii) a controlled substance, as defined in 21 U.S.C. § 802. 8
157157
158158 [(c)] (D) “Discriminatory housing practice” means an act that is prohibited 9
159159 under § 20–705, § 20–706, § 20–707, or § 20–708 of this subtitle. 10
160160
161161 [(d)] (E) “Dwelling” means: 11
162162
163163 (1) any building, structure, or portion of a building or structure that is 12
164164 occupied, or designed or intended for occupancy, as a residence by one or more families; and 13
165165
166166 (2) any vacant land that is offered for sale or lease for the construction or 14
167167 location on the land of any building, structure, or portion of a building or structure 15
168168 described in item (1) of this subsection. 16
169169
170170 [(e)] (F) (1) “Familial status” means the status of one or more minors who 17
171171 are domiciled with: 18
172172
173173 (i) a parent or other person having legal custody of the minor; or 19
174174
175175 (ii) the designee of a parent or other person having legal custody of 20
176176 the minor with the written permission of the parent or other person. 21
177177
178178 (2) “Familial status” includes the status of being: 22
179179
180180 (i) a pregnant woman; or 23
181181
182182 (ii) an individual who is in the process of securing legal custody of a 24
183183 minor. 25
184184
185185 [(f)] (G) “Family” includes a single individual. 26
186186
187187 [(g)] (H) “In the business of selling or renting dwellings” means: 27
188188
189189 (1) within the preceding 12 months, participating as a principal in three or 28
190190 more transactions involving the sale or rental of any dwelling or any interest in a dwelling; 29 HOUSE BILL 1293 5
191191
192192
193193
194194 (2) within the preceding 12 months, participating as an agent, other than 1
195195 in the sale of the individual’s own personal residence, in providing sales or rental facilities 2
196196 or services in two or more transactions involving the sale or rental of any dwelling or any 3
197197 interest in a dwelling; or 4
198198
199199 (3) being the owner of any dwelling occupied, or designed or intended for 5
200200 occupancy, by five or more families. 6
201201
202202 [(h)] (I) “Marital status” means the state of being single, married, separated, 7
203203 divorced, or widowed. 8
204204
205205 [(i)] (J) “Rent” includes to lease, sublease, let, or otherwise grant for a 9
206206 consideration the right to occupy premises not owned by the occupant. 10
207207
208208 [(j)] (K) (1) “Source of income” means any lawful source of money paid 11
209209 directly or indirectly to or on behalf of a renter or buyer of housing. 12
210210
211211 (2) “Source of income” includes income from: 13
212212
213213 (i) a lawful profession, occupation, or job; 14
214214
215215 (ii) any government or private assistance, grant, loan, or rental 15
216216 assistance program, including low–income housing assistance certificates and vouchers 16
217217 issued under the United States Housing Act of 1937; 17
218218
219219 (iii) a gift, an inheritance, a pension, an annuity, alimony, child 18
220220 support, or any other consideration or benefit; or 19
221221
222222 (iv) the sale or pledge of property or an interest in property. 20
223223
224224 20–702. 21
225225
226226 (a) It is the policy of the State: 22
227227
228228 (1) to provide for fair housing throughout the State to all, regardless of 23
229229 race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 24
230230 gender identity, disability, [or] source of income, OR CONSUMER CREDIT H ISTORY; and 25
231231
232232 (2) to that end, to prohibit discriminatory practices with respect to 26
233233 residential housing by any person, in order to protect and ensure the peace, health, safety, 27
234234 prosperity, and general welfare of all. 28
235235
236236 (b) This subtitle: 29
237237
238238 (1) is an exercise of the police power of the State for the protection of the 30
239239 people of the State; and 31 6 HOUSE BILL 1293
240240
241241
242242
243243 (2) shall be administered and enforced by the Commission and, as provided 1
244244 in this title, enforced by the appropriate State court. 2
245245
246246 20–704. 3
247247
248248 (a) This subtitle does not apply to: 4
249249
250250 (1) the sale or rental of a single–family dwelling, if the dwelling is sold or 5
251251 rented without: 6
252252
253253 (i) the use of the sales or rental facilities or services of any: 7
254254
255255 1. real estate broker, agent, or salesperson; 8
256256
257257 2. agent of any real estate broker, agent, or salesperson; 9
258258
259259 3. person in the business of selling or renting dwellings; or 10
260260
261261 4. agent of a person in the business of selling or renting 11
262262 dwellings; or 12
263263
264264 (ii) the publication, posting, or mailing, after notice, of any 13
265265 advertisement or written notice in violation of this subtitle; and 14
266266
267267 (2) with respect to discrimination on the basis of sex, sexual orientation, 15
268268 gender identity, marital status, [or] source of income, OR CONSUMER CREDI T HISTORY 16
269269 if the source of income is low–income housing assistance certificates or vouchers issued 17
270270 under the United States Housing Act of 1937: 18
271271
272272 (i) the rental of rooms in any dwelling, if the owner maintains the 19
273273 dwelling as the owner’s principal residence; or 20
274274
275275 (ii) the rental of any apartment in a dwelling that contains not more 21
276276 than five rental units, if the owner maintains the dwelling as the owner’s principal 22
277277 residence. 23
278278
279279 (b) The use of attorneys, escrow agents, abstractors, title companies, and other 24
280280 similar professional assistance as necessary to perfect or transfer the title to a 25
281281 single–family dwelling does not subject a person to this subtitle if the person otherwise 26
282282 would be exempted under subsection (a) of this section. 27
283283
284284 (c) (1) (i) In this subsection, “housing for older persons” means housing: 28
285285
286286 1. provided under any State or federal program that is 29
287287 specifically designed and operated to assist elderly persons, as defined in the State or 30
288288 federal program; 31 HOUSE BILL 1293 7
289289
290290
291291
292292 2. intended for, and solely occupied by, persons who are at 1
293293 least 62 years old; 2
294294
295295 3. intended and operated for occupancy by at least one person 3
296296 who is at least 55 years old in each unit; or 4
297297
298298 4. that meets the requirements set forth in regulations 5
299299 adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 6
300300 3607(b)(2)(C). 7
301301
302302 (ii) “Housing for older persons” includes: 8
303303
304304 1. unoccupied units, if the units are reserved for occupancy 9
305305 by persons who meet the age requirements of subparagraph (i) of this paragraph; or 10
306306
307307 2. units occupied as of September 13, 1988 by persons who 11
308308 do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant 12
309309 of the unit meets the age requirement. 13
310310
311311 (2) The provisions in this subtitle concerning familial status do not apply 14
312312 to housing for older persons. 15
313313
314314 (d) The prohibitions in this subtitle against discrimination based on source of 16
315315 income do not: 17
316316
317317 (1) prohibit a person from determining the ability of a potential buyer or 18
318318 renter to pay a purchase price or pay rent by verifying in a commercially reasonable and 19
319319 nondiscriminatory manner the source and amount of income [or creditworthiness] of the 20
320320 potential buyer or renter; 21
321321
322322 (2) prevent a person from refusing to consider income derived from any 22
323323 criminal activity; or 23
324324
325325 (3) prohibit a person from determining, in accordance with applicable 24
326326 federal and State laws, the ability of a potential buyer to repay a mortgage loan. 25
327327
328328 20–705. 26
329329
330330 Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 27
331331
332332 (1) refuse to sell or rent after the making of a bona fide offer, refuse to 28
333333 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 29
334334 person because of race, color, religion, sex, disability, marital status, familial status, sexual 30
335335 orientation, gender identity, national origin, [or] source of income, OR CONSUMER CREDIT 31
336336 HISTORY; 32
337337 8 HOUSE BILL 1293
338338
339339
340340 (2) discriminate against any person in the terms, conditions, or privileges 1
341341 of the sale or rental of a dwelling, or in the provision of services or facilities in connection 2
342342 with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 3
343343 status, familial status, sexual orientation, gender identity, national origin, [or] source of 4
344344 income, OR CONSUMER CREDIT H ISTORY; 5
345345
346346 (3) make, print, or publish, or cause to be made, printed, or published, any 6
347347 notice, statement, or advertisement with respect to the sale or rental of a dwelling that 7
348348 indicates any preference, limitation, or discrimination based on race, color, religion, sex, 8
349349 disability, marital status, familial status, sexual orientation, gender identity, national 9
350350 origin, [or] source of income, OR CONSUMER CREDIT HIST ORY, or an intention to make 10
351351 any preference, limitation, or discrimination; 11
352352
353353 (4) represent to any person, because of race, color, religion, sex, disability, 12
354354 marital status, familial status, sexual orientation, gender identity, national origin, [or] 13
355355 source of income, OR CONSUMER CREDIT H ISTORY, that any dwelling is not available for 14
356356 inspection, sale, or rental when the dwelling is available; or 15
357357
358358 (5) for profit, induce or attempt to induce any person to sell or rent any 16
359359 dwelling by representations regarding the entry or prospective entry into the neighborhood 17
360360 of a person of a particular race, color, religion, sex, disability, marital status, familial status, 18
361361 sexual orientation, gender identity, national origin, [or] source of income, OR CONSUMER 19
362362 CREDIT HISTORY . 20
363363
364364 20–707. 21
365365
366366 (a) In this section, “residential real estate–related transaction” means: 22
367367
368368 (1) the making or purchasing of loans or providing other financial 23
369369 assistance: 24
370370
371371 (i) for purchasing, constructing, improving, repairing, or 25
372372 maintaining a dwelling; or 26
373373
374374 (ii) secured by residential real estate; or 27
375375
376376 (2) the selling, brokering, or appraising of residential real property. 28
377377
378378 (b) (1) A person whose business includes engaging in residential real 29
379379 estate–related transactions may not discriminate against any person in making available 30
380380 a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 31
381381 sex, disability, marital status, familial status, sexual orientation, gender identity, national 32
382382 origin, [or] source of income, OR CONSUMER CREDIT H ISTORY. 33
383383
384384 (2) Paragraph (1) of this subsection does not prohibit a person engaged in 34
385385 the business of furnishing appraisals of real property from taking into consideration factors 35 HOUSE BILL 1293 9
386386
387387
388388 other than race, color, religion, sex, disability, marital status, familial status, sexual 1
389389 orientation, gender identity, national origin, [or] source of income, OR CONSUMER CREDIT 2
390390 HISTORY. 3
391391
392392 (c) A person may not, because of race, color, religion, sex, disability, marital 4
393393 status, familial status, sexual orientation, gender identity, national origin, [or] source of 5
394394 income, OR CONSUMER CREDIT H ISTORY: 6
395395
396396 (1) deny a person access to, or membership or participation in, a 7
397397 multiple–listing service, real estate brokers’ organization, or other service, organization, or 8
398398 facility relating to the business of selling or renting dwellings; or 9
399399
400400 (2) discriminate against a person in the terms or conditions of membership 10
401401 or participation. 11
402402
403403 20–1103. 12
404404
405405 (a) In this section, “disability”, “dwelling”, “familial status”, “marital status”, 13
406406 “rent”, [and] “source of income”, AND “CONSUMER CREDIT HIST ORY” have the meanings 14
407407 stated in § 20–701 of this title. 15
408408
409409 (b) Whether or not acting under color of law, a person may not, by force or threat 16
410410 of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 17
411411 interfere with: 18
412412
413413 (1) any person because of race, color, religion, sex, disability, marital 19
414414 status, familial status, sexual orientation, gender identity, national origin, [or] source of 20
415415 income, OR CONSUMER CREDIT H ISTORY and because the person is or has been: 21
416416
417417 (i) selling, purchasing, renting, financing, occupying, or contracting 22
418418 or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 23
419419
420420 (ii) applying for or participating in any service, organization, or 24
421421 facility relating to the business of selling or renting dwellings; 25
422422
423423 (2) any person because the person is or has been, or in order to intimidate 26
424424 the person or any other person or any class of persons from: 27
425425
426426 (i) participating, without discrimination on account of race, color, 28
427427 religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 29
428428 national origin, [or] source of income, OR CONSUMER CREDIT H ISTORY, in any of the 30
429429 activities, services, organizations, or facilities described in item (1) of this subsection; or 31
430430
431431 (ii) affording another person or class of persons the opportunity or 32
432432 protection to participate in any of the activities, services, organizations, or facilities 33
433433 described in item (1) of this subsection; or 34 10 HOUSE BILL 1293
434434
435435
436436
437437 (3) any person because the person is or has been, or in order to discourage 1
438438 the person or any other person from: 2
439439
440440 (i) lawfully aiding or encouraging other persons to participate, 3
441441 without discrimination on account of race, color, religion, sex, disability, marital status, 4
442442 familial status, sexual orientation, gender identity, national origin, [or] source of income, 5
443443 OR CONSUMER CREDIT H ISTORY, in any of the activities, services, organizations, or 6
444444 facilities described in item (1) of this subsection; or 7
445445
446446 (ii) participating lawfully in speech or peaceful assembly opposing 8
447447 any denial of the opportunity to participate in any of the activities, services, organizations, 9
448448 or facilities described in item (1) of this subsection. 10
449449
450450 (c) A person who violates this section is guilty of a misdemeanor and on conviction 11
451451 is subject to: 12
452452
453453 (1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 13
454454 both; 14
455455
456456 (2) if the violation results in bodily injury, imprisonment not exceeding 10 15
457457 years or a fine not exceeding $10,000 or both; or 16
458458
459459 (3) if the violation results in death, imprisonment not exceeding life. 17
460460
461461 SECTION 2. AND BE IT FURTHER ENACTED, That this Act does not limit the 18
462462 rights or remedies that otherwise are available to a landlord or tenant under any other law. 19
463463
464464 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
465465 October 1, 2023. 21