Maryland 2025 Regular Session

Maryland House Bill HB242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0242
6	6
7	7	HOUSE BILL 242
8	8	N1, D5 5lr0672
9	9	HB 1293/23 – HRU (PRE–FILED)
10	10	By: Delegate Addison
11	11	Requested: August 9, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Discrimination in Housing – Consumer Credit History 2
20	20
21	21	FOR the purpose of prohibiting the inclusion of a consumer credit history in a reusable 3
22	22	tenant screening report; prohibiting certain discrimination in housing on the basis 4
23	23	of consumer credit history; and generally relating to prohibitions against 5
24	24	discrimination in housing based on consumer credit history. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Real Property 8
28	28	Section 8–218 9
29	29	Annotated Code of Maryland 10
30	30	(2023 Replacement Volume and 2024 Supplement) 11
31	31
32	32	BY repealing and reenacting, with amendments, 12
33	33	Article – State Government 13
34	34	Section 20–701, 20–702, 20–704, 20–705, 20–707, and 20–1103 14
35	35	Annotated Code of Maryland 15
36	36	(2021 Replacement Volume and 2024 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Real Property 19
42	42
43	43	8–218. 20
44	44
45	45	(a) (1) In this section[, “reusable] THE FOLLOWING WORDS HAVE THE 21
46	46	MEANINGS INDICATED . 22
47	47	2 HOUSE BILL 242
48	48
49	49
50	50	(2) (I) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN 1
51	51	ACCOUNT BY A CREDIT REPORTING AGENCY BEA RING ON A CONSUMER ’S 2
52	52	CREDITWORTHINESS , CREDIT STANDING , OR CREDIT CAPACITY . 3
53	53
54	54	(II) “CONSUMER CREDIT HISTO RY” INCLUDES: 4
55	55
56	56	1. A CONSUMER CREDIT REPO RT; AND 5
57	57
58	58	2. A CREDIT SCORE . 6
59	59
60	60	(3) “REUSABLE tenant screening report” means a report prepared within 7
61	61	the previous 30 days by a consumer reporting agency at the request and expense of a 8
62	62	prospective tenant and made directly available to a prospective landlord at no charge for 9
63	63	use in the rental application process. 10
64	64
65	65	(b) (1) A reusable tenant screening report shall contain the following 11
66	66	information regarding a prospective tenant: 12
67	67
68	68	[(1) A credit report; 13
69	69
70	70	(2)] (I) For each jurisdiction indicated as a prior residence of the 14
71	71	prospective tenant, regardless of whether the residence is reported by the prospective 15
72	72	tenant or by a consumer reporting agency preparing a consumer report: 16
73	73
74	74	[(i)] 1. A comprehensive criminal history records check for all 17
75	75	federal, state, and local charges against and convictions of the prospective tenant over the 18
76	76	previous 7 years; and 19
77	77
78	78	[(ii)] 2. A comprehensive eviction history for all state and local 20
79	79	jurisdictions for the previous 7 years; 21
80	80
81	81	[(3)] (II) Verification of employment and income; and 22
82	82
83	83	[(4)] (III) Current address and rental history. 23
84	84
85	85	(2) A REUSABLE TENANT SCRE ENING REPORT MAY NOT CONTAIN A 24
86	86	CONSUMER CREDIT HIST ORY. 25
87	87
88	88	(c) (1) A landlord shall notify prospective tenants regarding whether or not 26
89	89	the landlord accepts reusable tenant screening reports. 27
90	90
91	91	(2) Notice under paragraph (1) of this subsection may be in writing or by 28
92	92	posting notice in a conspicuous manner, including: 29
93	93
94	94	(i) A statement posted on a rental housing listing; 30 HOUSE BILL 242 3
95	95
96	96
97	97
98	98	(ii) Notice posted on the homepage of a website; 1
99	99
100	100	(iii) Information provided in the rental application page for a rental 2
101	101	property online; or 3
102	102
103	103	(iv) Any other manner reasonably calculated to provide potential 4
104	104	tenants with notice. 5
105	105
106	106	(d) If a prospective tenant provides a reusable tenant screening report to a 6
107	107	landlord that accepts reusable tenant screening reports, the landlord may not charge the 7
108	108	prospective tenant: 8
109	109
110	110	(1) A fee for the landlord to access the report; or 9
111	111
112	112	(2) An application fee. 10
113	113
114	114	(e) A landlord that accepts a reusable tenant screening report under this section 11
115	115	may require a prospective tenant to certify that there has not been a material change to 12
116	116	the tenant’s name, address, bankruptcy status, criminal history, or eviction history since 13
117	117	the date that the report was generated. 14
118	118
119	119	(f) Prior to the execution of a lease agreement, a landlord may reject an 15
120	120	application for tenancy if a prospective tenant made a material change to a reusable tenant 16
121	121	screening report. 17
122	122
123	123	Article – State Government 18
124	124
125	125	20–701. 19
126	126
127	127	(a) In this subtitle the following words have the meanings indicated. 20
128	128
129	129	(b) (1) “CONSUMER CREDIT HISTO RY” MEANS ANY WRITTEN AC COUNT 21
130	130	BY A CREDIT REPORTIN G AGENCY BEARING ON A CONSUMER ’S CREDITWORTHINESS , 22
131	131	CREDIT STANDING , OR CREDIT CAPACITY . 23
132	132
133	133	(2) “CONSUMER CREDIT HISTO RY” INCLUDES: 24
134	134
135	135	(I) A CONSUMER CREDIT RE PORT; AND 25
136	136
137	137	(II) A CREDIT SCORE . 26
138	138
139	139	(C) (1) “Disability” means: 27
140	140
141	141	(i) a physical or mental impairment that substantially limits one or 28
142	142	more of an individual’s major life activities; 29 4 HOUSE BILL 242
143	143
144	144
145	145
146	146	(ii) a record of having a physical or mental impairment that 1
147	147	substantially limits one or more of an individual’s major life activities; or 2
148	148
149	149	(iii) being regarded as having a physical or mental impairment that 3
150	150	substantially limits one or more of an individual’s major life activities. 4
151	151
152	152	(2) “Disability” does not include the current illegal use of or addiction to: 5
153	153
154	154	(i) a controlled dangerous substance, as defined in § 5–101 of the 6
155	155	Criminal Law Article; or 7
156	156
157	157	(ii) a controlled substance, as defined in 21 U.S.C. § 802. 8
158	158
159	159	[(c)] (D) “Discriminatory housing practice” means an act that is prohibited 9
160	160	under § 20–705, § 20–706, § 20–707, or § 20–708 of this subtitle. 10
161	161
162	162	[(d)] (E) “Dwelling” means: 11
163	163
164	164	(1) any building, structure, or portion of a building or structure that is 12
165	165	occupied, or designed or intended for occupancy, as a residence by one or more families; and 13
166	166
167	167	(2) any vacant land that is offered for sale or lease for the construction or 14
168	168	location on the land of any building, structure, or portion of a building or structure 15
169	169	described in item (1) of this subsection. 16
170	170
171	171	[(e)] (F) (1) “Familial status” means the status of one or more minors who 17
172	172	are domiciled with: 18
173	173
174	174	(i) a parent or other person having legal custody of the minor; or 19
175	175
176	176	(ii) the designee of a parent or other person having legal custody of 20
177	177	the minor with the written permission of the parent or other person. 21
178	178
179	179	(2) “Familial status” includes the status of being: 22
180	180
181	181	(i) a pregnant woman; or 23
182	182
183	183	(ii) an individual who is in the process of securing legal custody of a 24
184	184	minor. 25
185	185
186	186	[(f)] (G) “Family” includes a single individual. 26
187	187
188	188	[(g)] (H) “In the business of selling or renting dwellings” means: 27
189	189
190	190	(1) within the preceding 12 months, participating as a principal in three or 28
191	191	more transactions involving the sale or rental of any dwelling or any interest in a dwelling; 29 HOUSE BILL 242 5
192	192
193	193
194	194
195	195	(2) within the preceding 12 months, participating as an agent, other than 1
196	196	in the sale of the individual’s own personal residence, in providing sales or rental facilities 2
197	197	or services in two or more transactions involving the sale or rental of any dwelling or any 3
198	198	interest in a dwelling; or 4
199	199
200	200	(3) being the owner of any dwelling occupied, or designed or intended for 5
201	201	occupancy, by five or more families. 6
202	202
203	203	[(h)] (I) “Marital status” means the state of being single, married, separated, 7
204	204	divorced, or widowed. 8
205	205
206	206	[(i)] (J) “Rent” includes to lease, sublease, let, or otherwise grant for a 9
207	207	consideration the right to occupy premises not owned by the occupant. 10
208	208
209	209	[(j)] (K) (1) “Source of income” means any lawful source of money paid 11
210	210	directly or indirectly to or on behalf of a renter or buyer of housing. 12
211	211
212	212	(2) “Source of income” includes income from: 13
213	213
214	214	(i) a lawful profession, occupation, or job; 14
215	215
216	216	(ii) any government or private assistance, grant, loan, or rental 15
217	217	assistance program, including low–income housing assistance certificates and vouchers 16
218	218	issued under the United States Housing Act of 1937; 17
219	219
220	220	(iii) a gift, an inheritance, a pension, an annuity, alimony, child 18
221	221	support, or any other consideration or benefit; or 19
222	222
223	223	(iv) the sale or pledge of property or an interest in property. 20
224	224
225	225	20–702. 21
226	226
227	227	(a) It is the policy of the State: 22
228	228
229	229	(1) to provide for fair housing throughout the State to all, regardless of 23
230	230	race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 24
231	231	gender identity, disability, source of income, [or] military status, OR CONSUMER CREDIT 25
232	232	HISTORY; and 26
233	233
234	234	(2) to that end, to prohibit discriminatory practices with respect to 27
235	235	residential housing by any person, in order to protect and ensure the peace, health, safety, 28
236	236	prosperity, and general welfare of all. 29
237	237
238	238	(b) This subtitle: 30
239	239
240	240	(1) is an exercise of the police power of the State for the protection of the 31 6 HOUSE BILL 242
241	241
242	242
243	243	people of the State; and 1
244	244
245	245	(2) shall be administered and enforced by the Commission and, as provided 2
246	246	in this title, enforced by the appropriate State court. 3
247	247
248	248	20–704. 4
249	249
250	250	(a) This subtitle does not apply to: 5
251	251
252	252	(1) the sale or rental of a single–family dwelling, if the dwelling is sold or 6
253	253	rented without: 7
254	254
255	255	(i) the use of the sales or rental facilities or services of any: 8
256	256
257	257	1. real estate broker, agent, or salesperson; 9
258	258
259	259	2. agent of any real estate broker, agent, or salesperson; 10
260	260
261	261	3. person in the business of selling or renting dwellings; or 11
262	262
263	263	4. agent of a person in the business of selling or renting 12
264	264	dwellings; or 13
265	265
266	266	(ii) the publication, posting, or mailing, after notice, of any 14
267	267	advertisement or written notice in violation of this subtitle; and 15
268	268
269	269	(2) with respect to discrimination on the basis of sex, sexual orientation, 16
270	270	gender identity, marital status, military status, CONSUMER CREDIT HIST ORY, or source 17
271	271	of income if the source of income is low–income housing assistance certificates or vouchers 18
272	272	issued under the United States Housing Act of 1937: 19
273	273
274	274	(i) the rental of rooms in any dwelling, if the owner maintains the 20
275	275	dwelling as the owner’s principal residence; or 21
276	276
277	277	(ii) the rental of any apartment in a dwelling that contains not more 22
278	278	than five rental units, if the owner maintains the dwelling as the owner’s principal 23
279	279	residence. 24
280	280
281	281	(b) The use of attorneys, escrow agents, abstractors, title companies, and other 25
282	282	similar professional assistance as necessary to perfect or transfer the title to a 26
283	283	single–family dwelling does not subject a person to this subtitle if the person otherwise 27
284	284	would be exempted under subsection (a) of this section. 28
285	285
286	286	(c) (1) (i) In this subsection, “housing for older persons” means housing: 29
287	287
288	288	1. provided under any State or federal program that is 30
289	289	specifically designed and operated to assist elderly persons, as defined in the State or 31 HOUSE BILL 242 7
290	290
291	291
292	292	federal program; 1
293	293
294	294	2. intended for, and solely occupied by, persons who are at 2
295	295	least 62 years old; 3
296	296
297	297	3. intended and operated for occupancy by at least one person 4
298	298	who is at least 55 years old in each unit; or 5
299	299
300	300	4. that meets the requirements set forth in regulations 6
301	301	adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 7
302	302	3607(b)(2)(C). 8
303	303
304	304	(ii) “Housing for older persons” includes: 9
305	305
306	306	1. unoccupied units, if the units are reserved for occupancy 10
307	307	by persons who meet the age requirements of subparagraph (i) of this paragraph; or 11
308	308
309	309	2. units occupied as of September 13, 1988 by persons who 12
310	310	do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant 13
311	311	of the unit meets the age requirement. 14
312	312
313	313	(2) The provisions in this subtitle concerning familial status do not apply 15
314	314	to housing for older persons. 16
315	315
316	316	(d) The prohibitions in this subtitle against discrimination based on source of 17
317	317	income do not: 18
318	318
319	319	(1) prohibit a person from determining the ability of a potential buyer or 19
320	320	renter to pay a purchase price or pay rent by verifying in a commercially reasonable and 20
321	321	nondiscriminatory manner the source and amount of income [or creditworthiness] of the 21
322	322	potential buyer or renter; 22
323	323
324	324	(2) prevent a person from refusing to consider income derived from any 23
325	325	criminal activity; or 24
326	326
327	327	(3) prohibit a person from determining, in accordance with applicable 25
328	328	federal and State laws, the ability of a potential buyer to repay a mortgage loan. 26
329	329
330	330	20–705. 27
331	331
332	332	Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 28
333	333
334	334	(1) refuse to sell or rent after the making of a bona fide offer, refuse to 29
335	335	negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 30
336	336	person because of race, color, religion, sex, disability, marital status, familial status, sexual 31
337	337	orientation, gender identity, national origin, source of income, [or] military status, OR 32
338	338	CONSUMER CREDIT HIST ORY; 33 8 HOUSE BILL 242
339	339
340	340
341	341
342	342	(2) discriminate against any person in the terms, conditions, or privileges 1
343	343	of the sale or rental of a dwelling, or in the provision of services or facilities in connection 2
344	344	with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 3
345	345	status, familial status, sexual orientation, gender identity, national origin, source of 4
346	346	income, [or] military status, OR CONSUMER CREDIT H ISTORY; 5
347	347
348	348	(3) make, print, or publish, or cause to be made, printed, or published, any 6
349	349	notice, statement, or advertisement with respect to the sale or rental of a dwelling that 7
350	350	indicates any preference, limitation, or discrimination based on race, color, religion, sex, 8
351	351	disability, marital status, familial status, sexual orientation, gender identity, national 9
352	352	origin, source of income, [or] military status, OR CONSUMER CREDIT H ISTORY, or an 10
353	353	intention to make any preference, limitation, or discrimination; 11
354	354
355	355	(4) represent to any person, because of race, color, religion, sex, disability, 12
356	356	marital status, familial status, sexual orientation, gender identity, national origin, source 13
357	357	of income, [or] military status, OR CONSUMER CREDIT H ISTORY, that any dwelling is not 14
358	358	available for inspection, sale, or rental when the dwelling is available; or 15
359	359
360	360	(5) for profit, induce or attempt to induce any person to sell or rent any 16
361	361	dwelling by representations regarding the entry or prospective entry into the neighborhood 17
362	362	of a person of a particular race, color, religion, sex, disability, marital status, familial status, 18
363	363	sexual orientation, gender identity, national origin, source of income, [or] military status, 19
364	364	OR CONSUMER CREDIT H ISTORY. 20
365	365
366	366	20–707. 21
367	367
368	368	(a) In this section, “residential real estate–related transaction” means: 22
369	369
370	370	(1) the making or purchasing of loans or providing other financial 23
371	371	assistance: 24
372	372
373	373	(i) for purchasing, constructing, improving, repairing, or 25
374	374	maintaining a dwelling; or 26
375	375
376	376	(ii) secured by residential real estate; or 27
377	377
378	378	(2) the selling, brokering, or appraising of residential real property. 28
379	379
380	380	(b) (1) A person whose business includes engaging in residential real 29
381	381	estate–related transactions may not discriminate against any person in making available 30
382	382	a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 31
383	383	sex, disability, marital status, familial status, sexual orientation, gender identity, national 32
384	384	origin, source of income, [or] military status, OR CONSUMER CREDIT H ISTORY. 33
385	385
386	386	(2) Paragraph (1) of this subsection does not prohibit a person engaged in 34 HOUSE BILL 242 9
387	387
388	388
389	389	the business of furnishing appraisals of real property from taking into consideration factors 1
390	390	other than race, color, religion, sex, disability, marital status, familial status, sexual 2
391	391	orientation, gender identity, national origin, source of income, [or] military status, OR 3
392	392	CONSUMER CREDIT HIST ORY. 4
393	393
394	394	(c) A person may not, because of race, color, religion, sex, disability, marital 5
395	395	status, familial status, sexual orientation, gender identity, national origin, source of 6
396	396	income, [or] military status, OR CONSUMER CREDI T HISTORY: 7
397	397
398	398	(1) deny a person access to, or membership or participation in, a 8
399	399	multiple–listing service, real estate brokers’ organization, or other service, organization, or 9
400	400	facility relating to the business of selling or renting dwellings; or 10
401	401
402	402	(2) discriminate against a person in the terms or conditions of membership 11
403	403	or participation. 12
404	404
405	405	20–1103. 13
406	406
407	407	(a) In this section, “CONSUMER CREDIT HIST ORY”, “disability”, “dwelling”, 14
408	408	“familial status”, “marital status”, “rent”, and “source of income” have the meanings stated 15
409	409	in § 20–701 of this title. 16
410	410
411	411	(b) Whether or not acting under color of law, a person may not, by force or threat 17
412	412	of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 18
413	413	interfere with: 19
414	414
415	415	(1) any person because of race, color, religion, sex, disability, marital 20
416	416	status, familial status, sexual orientation, gender identity, national origin, source of 21
417	417	income, [or] military status, OR CONSUMER CREDIT H ISTORY and because the person is 22
418	418	or has been: 23
419	419
420	420	(i) selling, purchasing, renting, financing, occupying, or contracting 24
421	421	or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 25
422	422
423	423	(ii) applying for or participating in any service, organization, or 26
424	424	facility relating to the business of selling or renting dwellings; 27
425	425
426	426	(2) any person because the person is or has been, or in order to intimidate 28
427	427	the person or any other person or any class of persons from: 29
428	428
429	429	(i) participating, without discrimination on account of race, color, 30
430	430	religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 31
431	431	national origin, source of income, [or] military status, OR CONSUMER CREDIT H ISTORY, 32
432	432	in any of the activities, services, organizations, or facilities described in item (1) of this 33
433	433	subsection; or 34
434	434	10 HOUSE BILL 242
435	435
436	436
437	437	(ii) affording another person or class of persons the opportunity or 1
438	438	protection to participate in any of the activities, services, organizations, or facilities 2
439	439	described in item (1) of this subsection; or 3
440	440
441	441	(3) any person because the person is or has been, or in order to discourage 4
442	442	the person or any other person from: 5
443	443
444	444	(i) lawfully aiding or encouraging other persons to participate, 6
445	445	without discrimination on account of race, color, religion, sex, disability, marital status, 7
446	446	familial status, sexual orientation, gender identity, national origin, source of income, [or] 8
447	447	military status, OR CONSUMER CREDIT H ISTORY, in any of the activities, services, 9
448	448	organizations, or facilities described in item (1) of this subsection; or 10
449	449
450	450	(ii) participating lawfully in speech or peaceful assembly opposing 11
451	451	any denial of the opportunity to participate in any of the activities, services, organizations, 12
452	452	or facilities described in item (1) of this subsection. 13
453	453
454	454	(c) A person who violates this section is guilty of a misdemeanor and on conviction 14
455	455	is subject to: 15
456	456
457	457	(1) imprisonment not exceeding 1 year or a fine not exceeding $1,000 or 16
458	458	both; 17
459	459
460	460	(2) if the violation results in bodily injury, imprisonment not exceeding 10 18
461	461	years or a fine not exceeding $10,000 or both; or 19
462	462
463	463	(3) if the violation results in death, imprisonment not exceeding life. 20
464	464
465	465	SECTION 2. AND BE IT FURTHER ENACTED, That this Act does not limit the 21
466	466	rights or remedies that otherwise are available to a landlord or tenant under any other law. 22
467	467
468	468	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
469	469	October 1, 2025. 24