EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0964*
HOUSE BILL 964
N1 4lr0953
CF SB 635
By: Delegates Boafo, Charkoudian, Fair, Fennell, Foley, Grossman, Harris, Hill,
Holmes, Lehman, R. Lewis, J. Long, McCaskill, Pasteur, Patterson,
Pena–Melnyk, Queen, Roberson, Ruth, Smith, Taveras, Taylor, Toles,
Turner, White Holland, Wilkins, Williams, Woods, and Young
Introduced and read first time: February 2, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Landlords and Prospective Tenants – Residential Leases – Criminal History 2
Review 3
(Maryland Fair Chance in Housing Act) 4
FOR the purpose of altering the number of years of criminal history that are reviewed in a 5
certain reusable tenant screening report; establishing certain prohibitions and 6
limitations on the review and consideration of a prospective tenant’s criminal 7
history; requiring a landlord that denies the lease application of a prospective tenant 8
to provide the individual with a certain document stating the reasons for the denial; 9
and generally relating to landlords and prospective tenants and criminal history. 10
BY repealing and reenacting, without amendments, 11
Article – Real Property 12
Section 8–218(a) 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 8–218(b)(2)(i) 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
BY adding to 21
Article – Real Property 22
Section 8–220 23
Annotated Code of Maryland 24
(2023 Replacement Volume) 25 2 HOUSE BILL 964
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Real Property 3
8–218. 4
(a) In this section, “reusable tenant screening report” means a report prepared 5
within the previous 30 days by a consumer reporting agency at the request and expense of 6
a prospective tenant and made directly available to a prospective landlord at no charge for 7
use in the rental application process. 8
(b) A reusable tenant screening report shall contain the following information 9
regarding a prospective tenant: 10
(2) For each jurisdiction indicated as a prior residence of the prospective 11
tenant, regardless of whether the residence is reported by the prospective tenant or by a 12
consumer reporting agency preparing a consumer report: 13
(i) A comprehensive criminal history records check for all federal, 14
state, and local charges against and convictions of the prospective tenant over the previous 15
[7] 3 years; and 16
8–220. 17
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 18
LANDLORD MAY NOT REQUIRE A PROSPECTIVE TENANT TO DISCLOSE ANY CRIMINAL 19
HISTORY IN AN APPLICATION FOR A LEASE. 20
(2) A LANDLORD MAY REQUIRE A PROSPECTIVE TENANT TO 21
DISCLOSE WHETHER THE INDIVIDUAL IS REQUIR ED TO REGISTER AS A SEX 22
OFFENDER UNDER FEDER AL OR STATE LAW. 23
(B) A LANDLORD MAY NOT R EVIEW OR REQUEST A T HIRD PARTY TO REVIEW 24
MORE THAN THE PREVIO US 3 YEARS OF ANY CRIMINA L HISTORY OF A PROSP ECTIVE 25
TENANT. 26
(C) A LANDLORD MAY NOT PUBLISH OR CAUSE TO BE PUBLISHED ANY ORAL 27
OR WRITTEN STATEMENT THAT WOULD REASONABLY DIS COURAGE A PROSPECTIVE 28
TENANT WITH A CRIMIN AL HISTORY FROM APPL YING FOR A LEASE. 29
(D) A LANDLORD THAT DENIES THE LEASE APPLICATION OF A PRO SPECTIVE 30
TENANT SHALL PROVIDE THE INDIVIDUAL WITH A PHYSICAL DOCUMENT STATING 31
WITH PARTICULARITY E ACH REASON FOR THE D ENIAL. 32 HOUSE BILL 964 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2