EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1293*
HOUSE BILL 1293
D5, N1 3lr2946
By: Delegate Addison
Introduced and read first time: February 28, 2023
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Discrimination in Housing – Consumer Credit History 2
FOR the purpose of prohibiting the inclusion of a consumer credit history in a reusable 3
tenant screening report; expanding the fair housing policy of the State to provide 4
housing to all citizens regardless of consumer credit history; and generally relating 5
to prohibitions against discrimination in housing based on consumer credit history. 6
BY repealing and reenacting, with amendments, 7
Article – Real Property 8
Section 8–218 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – State Government 13
Section 20–701, 20–702, 20–704, 20–705, 20–707, and 20–1103 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Real Property 19
8–218. 20
(a) (1) In this section[, “reusable] THE FOLLOWING WORDS HAVE THE 21
MEANINGS INDICATED. 22
2 HOUSE BILL 1293
(2) (I) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN 1
ACCOUNT BY A CREDIT REPORTING AGENCY BEA RING ON A CONSUMER ’S 2
CREDITWORTHINESS , CREDIT STANDING , OR CREDIT CAPACITY . 3
(II) “CONSUMER CREDIT HISTO RY” INCLUDES: 4
1. A CONSUMER CREDIT REPO RT; OR 5
2. A CREDIT SCORE . 6
(3) “REUSABLE tenant screening report” means a report prepared within 7
the previous 30 days by a consumer reporting agency at the request and expense of a 8
prospective tenant and made directly available to a prospective landlord at no charge for 9
use in the rental application process. 10
(b) (1) A reusable tenant screening report shall contain the following 11
information regarding a prospective tenant: 12
[(1) A credit report; 13
(2)] (I) For each jurisdiction indicated as a prior residence of the 14
prospective tenant, regardless of whether the residence is reported by the prospective 15
tenant or by a consumer reporting agency preparing a consumer report: 16
[(i)] 1. A comprehensive criminal history records check for all 17
federal, state, and local charges against and convictions of the prospective tenant over the 18
previous 7 years; and 19
[(ii)] 2. A comprehensive eviction history for all state and local 20
jurisdictions for the previous 7 years; 21
[(3)] (II) Verification of employment and income; and 22
[(4)] (III) Current address and rental history. 23
(2) A REUSABLE TENANT SCRE ENING REPORT MAY NOT CONTAIN A 24
CONSUMER CREDIT HISTORY. 25
(c) (1) A landlord shall notify prospective tenants regarding whether or not 26
the landlord accepts reusable tenant screening reports. 27
(2) Notice under paragraph (1) of this subsection may be in writing or by 28
posting notice in a conspicuous manner, including: 29
(i) A statement posted on a rental housing listing; 30 HOUSE BILL 1293 3
(ii) Notice posted on the homepage of a website; 1
(iii) Information provided in the rental application page for a rental 2
property online; or 3
(iv) Any other manner reasonably calculated to provide potential 4
tenants with notice. 5
(d) If a prospective tenant provides a reusable tenant screening report to a 6
landlord that accepts reusable tenant screening reports, the landlord may not charge the 7
prospective tenant: 8
(1) A fee for the landlord to access the report; or 9
(2) An application fee. 10
(e) A landlord that accepts a reusable tenant screening report under this section 11
may require a prospective tenant to certify that there has not been a material change to 12
the tenant’s name, address, bankruptcy status, criminal history, or eviction history since 13
the date that the report was generated. 14
(f) Prior to the execution of a lease agreement, a landlord may reject an 15
application for tenancy if a prospective tenant made a material change to a reusable tenant 16
screening report. 17
Article – State Government 18
20–701. 19
(a) In this subtitle the following words have the meanings indicated. 20
(b) (1) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN AC COUNT 21
BY A CREDIT REPORTIN G AGENCY BEARING ON A CONSUMER ’S CREDITWORTHINESS , 22
CREDIT STANDING, OR CREDIT CAPACITY . 23
(2) “CONSUMER CREDIT HISTO RY” INCLUDES: 24
(I) A CONSUMER CREDIT RE PORT; OR 25
(II) A CREDIT SCORE . 26
(C) (1) “Disability” means: 27
(i) a physical or mental impairment that substantially limits one or 28
more of an individual’s major life activities; 29 4 HOUSE BILL 1293
(ii) a record of having a physical or mental impairment that 1
substantially limits one or more of an individual’s major life activities; or 2
(iii) being regarded as having a physical or mental impairment that 3
substantially limits one or more of an individual’s major life activities. 4
(2) “Disability” does not include the current illegal use of or addiction to: 5
(i) a controlled dangerous substance, as defined in § 5–101 of the 6
Criminal Law Article; or 7
(ii) a controlled substance, as defined in 21 U.S.C. § 802. 8
[(c)] (D) “Discriminatory housing practice” means an act that is prohibited 9
under § 20–705, § 20–706, § 20–707, or § 20–708 of this subtitle. 10
[(d)] (E) “Dwelling” means: 11
(1) any building, structure, or portion of a building or structure that is 12
occupied, or designed or intended for occupancy, as a residence by one or more families; and 13
(2) any vacant land that is offered for sale or lease for the construction or 14
location on the land of any building, structure, or portion of a building or structure 15
described in item (1) of this subsection. 16
[(e)] (F) (1) “Familial status” means the status of one or more minors who 17
are domiciled with: 18
(i) a parent or other person having legal custody of the minor; or 19
(ii) the designee of a parent or other person having legal custody of 20
the minor with the written permission of the parent or other person. 21
(2) “Familial status” includes the status of being: 22
(i) a pregnant woman; or 23
(ii) an individual who is in the process of securing legal custody of a 24
minor. 25
[(f)] (G) “Family” includes a single individual. 26
[(g)] (H) “In the business of selling or renting dwellings” means: 27
(1) within the preceding 12 months, participating as a principal in three or 28
more transactions involving the sale or rental of any dwelling or any interest in a dwelling; 29 HOUSE BILL 1293 5
(2) within the preceding 12 months, participating as an agent, other than 1
in the sale of the individual’s own personal residence, in providing sales or rental facilities 2
or services in two or more transactions involving the sale or rental of any dwelling or any 3
interest in a dwelling; or 4
(3) being the owner of any dwelling occupied, or designed or intended for 5
occupancy, by five or more families. 6
[(h)] (I) “Marital status” means the state of being single, married, separated, 7
divorced, or widowed. 8
[(i)] (J) “Rent” includes to lease, sublease, let, or otherwise grant for a 9
consideration the right to occupy premises not owned by the occupant. 10
[(j)] (K) (1) “Source of income” means any lawful source of money paid 11
directly or indirectly to or on behalf of a renter or buyer of housing. 12
(2) “Source of income” includes income from: 13
(i) a lawful profession, occupation, or job; 14
(ii) any government or private assistance, grant, loan, or rental 15
assistance program, including low–income housing assistance certificates and vouchers 16
issued under the United States Housing Act of 1937; 17
(iii) a gift, an inheritance, a pension, an annuity, alimony, child 18
support, or any other consideration or benefit; or 19
(iv) the sale or pledge of property or an interest in property. 20
20–702. 21
(a) It is the policy of the State: 22
(1) to provide for fair housing throughout the State to all, regardless of 23
race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 24
gender identity, disability, [or] source of income, OR CONSUMER CREDIT H ISTORY; 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 6 HOUSE BILL 1293
(2) shall be administered and enforced by the Commission and, as provided 1
in this title, enforced by the appropriate State court. 2
20–704. 3
(a) This subtitle does not apply to: 4
(1) the sale or rental of a single–family dwelling, if the dwelling is sold or 5
rented without: 6
(i) the use of the sales or rental facilities or services of any: 7
1. real estate broker, agent, or salesperson; 8
2. agent of any real estate broker, agent, or salesperson; 9
3. person in the business of selling or renting dwellings; or 10
4. agent of a person in the business of selling or renting 11
dwellings; or 12
(ii) the publication, posting, or mailing, after notice, of any 13
advertisement or written notice in violation of this subtitle; and 14
(2) with respect to discrimination on the basis of sex, sexual orientation, 15
gender identity, marital status, [or] source of income, OR CONSUMER CREDI T HISTORY 16
if the source of income is low–income housing assistance certificates or vouchers issued 17
under the United States Housing Act of 1937: 18
(i) the rental of rooms in any dwelling, if the owner maintains the 19
dwelling as the owner’s principal residence; or 20
(ii) the rental of any apartment in a dwelling that contains not more 21
than five rental units, if the owner maintains the dwelling as the owner’s principal 22
residence. 23
(b) The use of attorneys, escrow agents, abstractors, title companies, and other 24
similar professional assistance as necessary to perfect or transfer the title to a 25
single–family dwelling does not subject a person to this subtitle if the person otherwise 26
would be exempted under subsection (a) of this section. 27
(c) (1) (i) In this subsection, “housing for older persons” means housing: 28
1. provided under any State or federal program that is 29
specifically designed and operated to assist elderly persons, as defined in the State or 30
federal program; 31 HOUSE BILL 1293 7
2. intended for, and solely occupied by, persons who are at 1
least 62 years old; 2
3. intended and operated for occupancy by at least one person 3
who is at least 55 years old in each unit; or 4
4. that meets the requirements set forth in regulations 5
adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 6
3607(b)(2)(C). 7
(ii) “Housing for older persons” includes: 8
1. unoccupied units, if the units are reserved for occupancy 9
by persons who meet the age requirements of subparagraph (i) of this paragraph; or 10
2. units occupied as of September 13, 1988 by persons who 11
do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant 12
of the unit meets the age requirement. 13
(2) The provisions in this subtitle concerning familial status do not apply 14
to housing for older persons. 15
(d) The prohibitions in this subtitle against discrimination based on source of 16
income do not: 17
(1) prohibit a person from determining the ability of a potential buyer or 18
renter to pay a purchase price or pay rent by verifying in a commercially reasonable and 19
nondiscriminatory manner the source and amount of income [or creditworthiness] of the 20
potential buyer or renter; 21
(2) prevent a person from refusing to consider income derived from any 22
criminal activity; or 23
(3) prohibit a person from determining, in accordance with applicable 24
federal and State laws, the ability of a potential buyer to repay a mortgage loan. 25
20–705. 26
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 27
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 28
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 29
person because of race, color, religion, sex, disability, marital status, familial status, sexual 30
orientation, gender identity, national origin, [or] source of income, OR CONSUMER CREDIT 31
HISTORY; 32
8 HOUSE BILL 1293
(2) discriminate against any person in the terms, conditions, or privileges 1
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 2
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 3
status, familial status, sexual orientation, gender identity, national origin, [or] source of 4
income, OR CONSUMER CREDIT H ISTORY; 5
(3) make, print, or publish, or cause to be made, printed, or published, any 6
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 7
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 8
disability, marital status, familial status, sexual orientation, gender identity, national 9
origin, [or] source of income, OR CONSUMER CREDIT HIST ORY, or an intention to make 10
any preference, limitation, or discrimination; 11
(4) represent to any person, because of race, color, religion, sex, disability, 12
marital status, familial status, sexual orientation, gender identity, national origin, [or] 13
source of income, OR CONSUMER CREDIT H ISTORY, that any dwelling is not available for 14
inspection, sale, or rental when the dwelling is available; or 15
(5) for profit, induce or attempt to induce any person to sell or rent any 16
dwelling by representations regarding the entry or prospective entry into the neighborhood 17
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 18
sexual orientation, gender identity, national origin, [or] source of income, OR CONSUMER 19
CREDIT HISTORY . 20
20–707. 21
(a) In this section, “residential real estate–related transaction” means: 22
(1) the making or purchasing of loans or providing other financial 23
assistance: 24
(i) for purchasing, constructing, improving, repairing, or 25
maintaining a dwelling; or 26
(ii) secured by residential real estate; or 27
(2) the selling, brokering, or appraising of residential real property. 28
(b) (1) A person whose business includes engaging in residential real 29
estate–related transactions may not discriminate against any person in making available 30
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 31
sex, disability, marital status, familial status, sexual orientation, gender identity, national 32
origin, [or] source of income, OR CONSUMER CREDIT H ISTORY. 33
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 34
the business of furnishing appraisals of real property from taking into consideration factors 35 HOUSE BILL 1293 9
other than race, color, religion, sex, disability, marital status, familial status, sexual 1
orientation, gender identity, national origin, [or] source of income, OR CONSUMER CREDIT 2
HISTORY. 3
(c) A person may not, because of race, color, religion, sex, disability, marital 4
status, familial status, sexual orientation, gender identity, national origin, [or] source of 5
income, OR CONSUMER CREDIT H ISTORY: 6
(1) deny a person access to, or membership or participation in, a 7
multiple–listing service, real estate brokers’ organization, or other service, organization, or 8
facility relating to the business of selling or renting dwellings; or 9
(2) discriminate against a person in the terms or conditions of membership 10
or participation. 11
20–1103. 12
(a) In this section, “disability”, “dwelling”, “familial status”, “marital status”, 13
“rent”, [and] “source of income”, AND “CONSUMER CREDIT HIST ORY” have the meanings 14
stated in § 20–701 of this title. 15
(b) Whether or not acting under color of law, a person may not, by force or threat 16
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 17
interfere with: 18
(1) any person because of race, color, religion, sex, disability, marital 19
status, familial status, sexual orientation, gender identity, national origin, [or] source of 20
income, OR CONSUMER CREDIT H ISTORY and because the person is or has been: 21
(i) selling, purchasing, renting, financing, occupying, or contracting 22
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 23
(ii) applying for or participating in any service, organization, or 24
facility relating to the business of selling or renting dwellings; 25
(2) any person because the person is or has been, or in order to intimidate 26
the person or any other person or any class of persons from: 27
(i) participating, without discrimination on account of race, color, 28
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 29
national origin, [or] source of income, OR CONSUMER CREDIT H ISTORY, in any of the 30
activities, services, organizations, or facilities described in item (1) of this subsection; or 31
(ii) affording another person or class of persons the opportunity or 32
protection to participate in any of the activities, services, organizations, or facilities 33
described in item (1) of this subsection; or 34 10 HOUSE BILL 1293
(3) any person because the person is or has been, or in order to discourage 1
the person or any other person from: 2
(i) lawfully aiding or encouraging other persons to participate, 3
without discrimination on account of race, color, religion, sex, disability, marital status, 4
familial status, sexual orientation, gender identity, national origin, [or] source of income, 5
OR CONSUMER CREDIT H ISTORY, in any of the activities, services, organizations, or 6
facilities described in item (1) of this subsection; or 7
(ii) participating lawfully in speech or peaceful assembly opposing 8
any denial of the opportunity to participate in any of the activities, services, organizations, 9
or facilities described in item (1) of this subsection. 10
(c) A person who violates this section is guilty of a misdemeanor and on conviction 11
is subject to: 12
(1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 13
both; 14
(2) if the violation results in bodily injury, imprisonment not exceeding 10 15
years or a fine not exceeding $10,000 or both; or 16
(3) if the violation results in death, imprisonment not exceeding life. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act does not limit the 18
rights or remedies that otherwise are available to a landlord or tenant under any other law. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2023. 21