EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0635*
SENATE BILL 635
N1 4lr0954
CF 4lr0953
By: Senator West
Introduced and read first time: January 29, 2024
Assigned to: Judicial Proceedings
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
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 SENATE BILL 635
Article – Real Property 1
8–218. 2
(a) In this section, “reusable tenant screening report” means a report prepared 3
within the previous 30 days by a consumer reporting agency at the request and expense of 4
a prospective tenant and made directly available to a prospective landlord at no charge for 5
use in the rental application process. 6
(b) A reusable tenant screening report shall contain the following information 7
regarding a prospective tenant: 8
(2) For each jurisdiction indicated as a prior residence of the prospective 9
tenant, regardless of whether the residence is reported by the prospective tenant or by a 10
consumer reporting agency preparing a consumer report: 11
(i) A comprehensive criminal history records check for all federal, 12
state, and local charges against and convictions of the prospective tenant over the previous 13
[7] 3 years; and 14
8–220. 15
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 16
LANDLORD MAY NOT REQ UIRE A PROSPECTIVE T ENANT TO DISCLOSE AN Y CRIMINAL 17
HISTORY IN AN APPLIC ATION FOR A LEASE . 18
(2) A LANDLORD MAY REQUIRE A PROSPECTIVE TENANT TO 19
DISCLOSE WHETHER THE INDIVIDUAL I S REQUIRED TO REGIST ER AS A SEX 20
OFFENDER UNDER FEDER AL OR STATE LAW. 21
(B) A LANDLORD MAY NOT REV IEW OR REQUEST A THI RD PARTY TO REVIEW 22
MORE THAN THE PREVIO US 3 YEARS OF ANY CRIMINA L HISTORY OF A PROSP ECTIVE 23
TENANT. 24
(C) A LANDLORD MAY NOT PUB LISH OR CAUSE TO BE PUBLISHED AN Y ORAL 25
OR WRITTEN STATEMENT THAT WOULD REASONABL Y DISCOURAGE A PROSP ECTIVE 26
TENANT WITH A CRIMIN AL HISTORY FROM APPL YING FOR A LEASE. 27
(D) A LANDLORD THAT DENIES THE LEASE APPLICATIO N OF A PROSPECTIVE 28
TENANT SHALL PROVIDE THE INDIVIDUAL WITH A PHYSICAL DOCU MENT STATING 29
WITH PARTICULARITY E ACH REASON FOR THE D ENIAL. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2024. 32