EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 514
N1 5lr3236
CF 5lr1296
By: Senator Henson
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Residential Leases – Prospective Tenant Criminal 2
History Records Check 3
(Maryland Fair Chance Housing Act) 4
FOR the purpose of prohibiting a landlord from requiring or requesting from a prospective 5
tenant certain information relating to criminal history and prohibiting a landlord 6
from considering certain information when evaluating the prospective tenant; 7
permitting a landlord to consider certain criminal history information prior to 8
extending a conditional offer to a prospective tenant and requiring the landlord to 9
consider certain information provided by a prospective tenant relating to a criminal 10
history records check; authorizing a landlord to consider certain criminal convictions 11
only after extending a conditional offer to a prospective tenant and authorizing a 12
landlord to withdraw a conditional offer under certain circumstances; prohibiting a 13
landlord from publishing certain housing advertisements; establishing that the lease 14
of residential property to an individual with a criminal record or the decision of a 15
landlord not to conduct a criminal history records check is not the basis of a claim 16
against a landlord; requiring the Attorney General to collect and maintain certain 17
data and publish certain information relating to collected data annually on the 18
Attorney General’s website; making a violation of this Act an unfair, abusive, or 19
deceptive trade practice subject to enforcement and certain penalties under the 20
Maryland Consumer Protection Act; and generally relating to the use of criminal 21
history records checks in residential leasing. 22
BY repealing and reenacting, with amendments, 23
Article – Commercial Law 24
Section 13–301(14)(xlii) 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27
BY repealing and reenacting, without amendments, 28
Article – Commercial Law 29 2 SENATE BILL 514
Section 13–301(14)(xliii) 1
Annotated Code of Maryland 2
(2013 Replacement Volume and 2024 Supplement) 3
BY adding to 4
Article – Commercial Law 5
Section 13–301(14)(xliv) 6
Annotated Code of Maryland 7
(2013 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – Real Property 10
Section 8–218(a) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Real Property 15
Section 8–218(b) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Real Property 20
Section 8–2A–01 through 8–2A–11 to be under the new subtitle “Subtitle 2A. 21
Discriminatory Use of Criminal History in Residential Leasing” 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Commercial Law 27
13–301. 28
Unfair, abusive, or deceptive trade practices include any: 29
(14) Violation of a provision of: 30
(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 31
(xliii) Title 14, Subtitle 48 of this article; or 32
(XLIV) TITLE 8, SUBTITLE 2A OF THE REAL PROPERTY 33
ARTICLE; OR 34
SENATE BILL 514 3
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
(1) A credit report; 9
(2) For each jurisdiction indicated as a prior residence of the prospective 10
tenant, regardless of whether the residence is reported by the prospective tenant or by a 11
consumer reporting agency preparing a consumer report: 12
(i) [A] SUBJECT TO SUBTITLE 2A OF THIS TITLE , A 13
comprehensive criminal history records check for all federal, state, and local charges 14
against and convictions of the prospective tenant over the previous [7] 3 years; and 15
(ii) A comprehensive eviction history for all state and local 16
jurisdictions for the previous 7 years; 17
(3) Verification of employment and income; and 18
(4) Current address and rental history. 19
SUBTITLE 2A. DISCRIMINATORY USE OF CRIMINAL HISTORY IN RESIDENTIAL 20
LEASING. 21
8–2A–01. 22
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(B) “CONDITIONAL OFFER ” MEANS AN OFFER TO LE ASE A RESIDENTIAL 25
PROPERTY TO A PROSPE CTIVE TENANT THAT IS CONTINGENT ON A SUBS EQUENT 26
INQUIRY INTO THE PRO SPECTIVE TENANT ’S CRIMINAL HISTORY OR ANY OTHER 27
ELIGIBILITY CRITERIA THE LANDLORD MAY LAW FULLY UTILIZE. 28
(C) (1) “CRIMINAL HISTORY RECO RDS” HAS THE MEANING STAT ED IN § 29
10–239 OF THE CRIMINAL PROCEDURE ARTICLE. 30
4 SENATE BILL 514
(2) “CRIMINAL HISTORY RECO RDS” INCLUDES RECORDS OF : 1
(I) CRIMINAL COMPLAINTS; 2
(II) AN ENTRY OF PROBATION BEFORE JUDGMENT ; AND 3
(III) A PLEA OF NOLO CONTEND ERE. 4
8–2A–02. 5
A LANDLORD THAT CONDUC TS A CRIMINAL HISTOR Y RECORDS CHECK IN 6
ACCORDANCE WITH THIS SUBTITLE SHALL DO SO FOR EVERY PROSPECTIV E TENANT. 7
8–2A–03. 8
(A) A LANDLORD MAY NOT : 9
(1) (I) REQUIRE A PROSPECTIVE TENANT TO SUBMIT TO A DRUG 10
OR ALCOHOL TEST ; OR 11
(II) REQUEST OR REQUIRE A PROSPECTIVE TENANT T O 12
CONSENT TO THE RELEA SE OF INFORMATION AB OUT THE PROSPECTIVE TENANT 13
FROM A DRUG ABUSE FA CILITY OR ALCOHOL ABUSE FACILIT Y; OR 14
(2) REJECT A PROSPECTIVE TENANT BASED ON : 15
(I) AN ARREST OR A CHARGE THAT DID NOT RESULT IN A 16
CRIMINAL CONVICTION ; 17
(II) A CONVICTION EXPUNGED UNDER TITLE 10, SUBTITLE 1 OF 18
THE CRIMINAL PROCEDURE ARTICLE; 19
(III) A CONVICTION FOR WHICH THE PROSPECTIVE TENA NT WAS 20
GIVEN A FULL PARDON BY THE GOVERNOR; 21
(IV) A VACATED OR OTHERWISE LEGALLY NULLIFIED 22
CONVICTION; 23
(V) AN ADJUDICATION OF DE LINQUENCY BY THE JUV ENILE 24
COURT; OR 25
(VI) A RECORD SEALED UNDER TITLE 10, SUBTITLE 3 OF THE 26
CRIMINAL PROCEDURE ARTICLE. 27 SENATE BILL 514 5
(B) PRIOR TO ACCEPTING AN APPLICATION FEE , A LANDLORD SHALL 1
PROVIDE IN WRITING T O A PROSPECTIVE TENA NT: 2
(1) NOTICE REGARDING THE USE OF A CRIMINAL HI STORY RECORDS 3
CHECK IN DETERMINING ELIGIBILITY FOR LEAS ING, INCLUDING A STATEMEN T THAT 4
CONVICTION FOR A CRI ME LISTED IN § 8–2A–05 OF THIS SUBTITLE MAY BE 5
CONSIDERED BY THE LA NDLORD ONLY AFTER TH E EXTENSION OF A CON DITIONAL 6
OFFER; AND 7
(2) INFORMATION ON THE AB ILITY OF THE PROSPEC TIVE TENANT, IN 8
RESPONSE TO A CRI MINAL HISTORY RECORD S CHECK, TO PROVIDE EVIDENCE 9
DEMONSTRATING : 10
(I) INACCURACIES IN THE T ENANT’S CRIMINAL HISTORY 11
RECORDS; 12
(II) EVIDENCE OF REHABILIT ATION; AND 13
(III) MITIGATING FACTORS . 14
(C) A LANDLORD SHALL NOTIF Y A PROSPECTIVE TENA NT THAT AN 15
INDIVIDUALIZED ASSES SMENT WILL BE CONDUC TED. 16
8–2A–04. 17
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18
BEFORE EXTENDING A C ONDITIONAL OFFER TO A PROSPECTIVE TENANT , A 19
LANDLORD MAY NOT : 20
(I) REQUEST OR REQUIRE TH E PROSPECTIVE TENANT TO 21
DISCLOSE IN A HOUSIN G APPLICATION WHETHE R THE PROSPECTIVE TE NANT HAS A 22
CRIMINAL HISTORY OR HAS BEEN ACCUSED OF OR CHARGED WITH ANY CRIMES; OR 23
(II) MAKE AN ORAL OR WRITT EN INQUIRY REGARDING THE 24
CRIMINAL HISTORY OF THE PROSPECTIVE TENA NT. 25
(2) A LANDLORD MAY REQUIRE INFO RMATION REGARDING WH ETHER 26
A PROSPECTIVE TENANT : 27
(I) HAS BEEN CONVICTED OF MANUFACTURING 28
METHAMPHETAMINE ON THE PREMISES OF F EDERALLY ASSISTED HO USING; OR 29
6 SENATE BILL 514
(II) IS SUBJECT TO A LIFET IME REGISTRATION REQ UIREMENT 1
UNDER A STATE SEX O FFENDER REGISTRATION PROGRAM. 2
(B) IN RESPONSE TO THE RE SULTS OF A CRIMINAL HISTORY RECORDS 3
CHECK, A PROSPECTIVE TENANT MAY PROVIDE, AND A LANDLORD SHALL CONSIDER, 4
EVIDENCE DEMONSTRATI NG: 5
(1) INACCURACIES IN THE P ROSPECTIVE TENANT ’S CRIMINAL 6
HISTORY RECORDS; 7
(2) EVIDENCE OF REHABILIT ATION; AND 8
(3) ANY OTHER MITIGATING FACTORS. 9
8–2A–05. 10
(A) AFTER THE EXTENSION O F A CONDITIONAL OFFE R TO A PROSPECTIVE 11
TENANT, A LANDLORD MAY CONSI DER ONLY THE FOLLOWING CONVIC TIONS AS 12
POTENTIAL GROUNDS FO R WITHDRAWAL OF THE OF FER: 13
(1) MURDER IN THE FIRST D EGREE UNDER § 2–201 OF THE CRIMINAL 14
LAW ARTICLE; 15
(2) HUMAN TRAFFICKING UND ER § 3–1102 OF THE CRIMINAL LAW 16
ARTICLE; 17
(3) ANY CRIME RESULTING I N LIFETIME REGISTRAT ION IN A STATE 18
SEX OFFENDER REGISTR Y; AND 19
(4) IF THE CONVICTION OCC URRED WITHIN 3 YEARS IMMEDIATELY 20
PRECEDING THE CONDIT IONAL OFFER: 21
(I) A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE 22
CRIMINAL LAW ARTICLE; 23
(II) CHILD PORNOGRAPHY UND ER § 11–207 OF THE CRIMINAL 24
LAW ARTICLE; 25
(III) KIDNAPPING UNDER § 3–502 OF THE CRIMINAL LAW 26
ARTICLE; AND 27
(IV) ARSON UNDER §§ 6–102 AND 6–103 OF THE CRIMINAL LAW 28
ARTICLE. 29 SENATE BILL 514 7
(B) A LANDLORD MAY WITHDRA W A CONDITIONAL OFFE R BASED ON A 1
PROSPECTIVE TENANT ’S CRIMINAL HISTORY R ECORDS CHECK ONLY IF THE 2
LANDLORD DETERMINES THAT THE WITHDRAWAL IS NECESSARY TO FULF ILL A 3
SUBSTANTIAL, LEGITIMATE, AND NONDISCRIMINATOR Y INTEREST. 4
(C) IF A LANDLORD WITHDRA WS A CONDITIONAL OFF ER, THE LANDLORD 5
SHALL PROVIDE THE PR OSPECTIVE TENANT WIT H WRITTEN NOTICE OF THE 6
WITHDRAWAL THAT INCLUDES : 7
(1) A SPECIFIC REASON FOR THE WITHDRAWAL OF TH E CONDITIONAL 8
OFFER; AND 9
(2) A STATEMENT THAT THE P ROSPECTIVE TENANT MA Y APPEAL THE 10
WITHDRAWAL BY PROVID ING EVIDENCE TO THE LANDLORD DEMONSTRATI NG: 11
(I) INACCURACIES IN THE P ROSPECTIVE TENANT’S CRIMINAL 12
HISTORY RECORDS ; 13
(II) EVIDENCE OF REHABILIT ATION; OR 14
(III) ANY OTHER MITIGATING FACTORS. 15
(D) A REASSESSMENT OF THE APPLICATION BY THE L ANDLORD FOLLOWING 16
AN APPEAL BY THE PRO SPECTIVE TENANT SHAL L CONSIDER THE FOLLO WING 17
FACTORS: 18
(1) THE NATURE AND SEVERI TY OF THE CRIMINAL O FFENSE; 19
(2) THE AGE OF THE PROSPE CTIVE TENANT AT THE TIME OF THE 20
OCCURRENCE OF THE CR IMINAL OFFENSE ; 21
(3) THE AMOUNT OF TIME TH AT HAS ELAPSED SINCE THE 22
OCCURRENCE OF THE CR IMINAL OFFENSE ; 23
(4) ANY INFORMATION PRODU CED BY THE PROSPECTI VE TENANT, OR 24
PRODUCED ON THE PROS PECTIVE TENANT ’S BEHALF, REGARDING REHABILITA TION 25
AND GOOD CONDUCT SIN CE THE CRIMINAL OFFE NSE; 26
(5) THE DEGREE TO WHICH T HE CRIMINAL OFFENSE , IF IT 27
REOCCURRED , WOULD NEGATIVELY I MPACT THE SAFETY OF OTHER TENANTS OR 28
THE PROPERTY ; AND 29
8 SENATE BILL 514
(6) WHETHER THE CRIMINAL OFFENSE OCCURRED ON , OR WAS 1
CONNECTED TO , PROPERTY THAT WAS RE NTED OR LEASED BY TH E PROSPECTIVE 2
TENANT. 3
(E) (1) WITHIN 30 DAYS AFTER THE LANDL ORD’S NOTICE OF 4
WITHDRAWAL OF THE CONDITIONAL OFFE R, THE PROSPECTIVE TENA NT MAY 5
REQUEST THAT THE LAN DLORD PROVIDE A COPY OF ALL INFORMATION T HAT THE 6
LANDLORD RELIED ON I N CONSIDERING THE PR OSPECTIVE TENANT , INCLUDING 7
CRIMINAL HISTORY RECORDS. 8
(2) WITHIN 10 DAYS AFTER RECEIPT O F A TIMELY REQUEST , THE 9
LANDLORD SHALL PROVI DE THE INFORMATION R EQUESTED UNDER PARAG RAPH (1) 10
OF THIS SUBSECTION . 11
8–2A–06. 12
(A) A LANDLORD MAY NOT KNO WINGLY OR INTENTIONA LLY PUBLISH, OR 13
CAUSE TO BE PUBLISHE D, ANY ADVERTISEMENT TH AT EXPRESSLY STATES THAT THE 14
LANDLORD WILL NOT CONS IDER A PROSPECTIVE T ENANT WHO HAS BEEN A RRESTED 15
OR CONVICTED OF A CR IME. 16
(B) A LANDLORD MAY NOT PUB LISH OR DISTRIBUTE A NY STATEMENT , 17
ADVERTISEMENT , PUBLICATION, OR SIGN, USE ANY FORM OF LEAS E APPLICATION, 18
OR MAKE ANY INQUIRY IN CONNECTION WITH THE PROSPE CTIVE RENTAL, LEASE, OR 19
SUBLEASE OF REAL PRO PERTY THAT EXPRESSES , DIRECTLY OR INDIRECT LY, A 20
LIMITATION OR SPECIF ICATION RELATING TO CRIMINAL HISTORY RECORDS THAT IS 21
INCONSISTENT WITH TH E REQUIREMENTS OF TH IS SUBTITLE. 22
(C) UNLESS OTHER WISE REQUIRED BY LAW , A LANDLORD MAY NOT : 23
(1) DISTRIBUTE OR DISSEMI NATE A PROSPECTIVE T ENANT’S 24
CRIMINAL HISTORY RECORDS TO ANY PERSO N WHO IS NOT EXPECTE D TO USE THE 25
CRIMINAL HISTORY RECORDS FOR THE PURP OSE OF EVALUATING TH E 26
PROSPECTIVE TENANT I N A MANNER CONSISTENT WI TH THIS SUBTITLE ; OR 27
(2) USE A PROSPECTIVE TEN ANT’S CRIMINAL HISTORY FOR A 28
PURPOSE THAT IS INCO NSISTENT WITH THIS S UBTITLE. 29
8–2A–07. 30
A LANDLORD’S DECISION TO LEASE A RESIDENTIAL DWELLI NG UNIT TO AN 31
INDIVIDUAL WITH A CR IMINAL HISTO RY, OR THE LANDLORD ’S DECISION NOT TO 32 SENATE BILL 514 9
OBTAIN A CRIMINAL HI STORY RECORDS CHECK , MAY NOT BE THE BASIS FOR A CLAIM 1
AGAINST THE LANDLORD . 2
8–2A–08. 3
(A) THE ATTORNEY GENERAL SHALL DEVELOP AND PUBLISH ON THE 4
ATTORNEY GENERAL’S WEBSITE A MODEL NO TICE DOCUMENT F OR USE BY 5
LANDLORDS UNDER THIS SUBTITLE. 6
(B) THE MODEL NOTICE DESC RIBED IN SUBSECTION (A) OF THIS SECTION 7
SHALL INCLUDE : 8
(1) LANGUAGE FOR USE BY A LANDLORD TO ADVISE A PROSPECTIVE 9
TENANT THAT THE LAND LORD HAS WITHDRAWN A CONDITIONAL OFFER OR TAKEN 10
AN ADVERSE HOUSING ACTI ON BASED ON THE PROS PECTIVE TENANT ’S CRIMINAL 11
HISTORY; AND 12
(2) LANGUAGE NOTIFYING TH E PROSPECTIVE TENANT OF: 13
(I) THE RIGHT OF THE PROS PECTIVE TENANT TO RE QUEST A 14
COPY OF ALL INFORMAT ION ON WHICH THE LAN DLORD RELIED IN REAC HING A 15
DECISION, INCLUDING INFORMATIO N FROM CRIMINAL HISTORY RECORDS; 16
(II) THE PROSPECTIVE TENAN T’S RIGHT TO FILE A CO MPLAINT 17
UNDER § 13–401 OF THE COMMERCIAL LAW ARTICLE; AND 18
(III) ANY OTHER INFORMATION THE ATTORNEY GENERAL 19
CONSIDERS APPROPRIAT E. 20
(C) THE MODEL NOTICE DESC RIBED IN SUBSECTION (A) OF THIS SECTION 21
SHALL BE MADE AVAILA BLE IN ENGLISH, SPANISH, AND ANY OTHER LANGUA GE THE 22
ATTORNEY GENERAL CONSIDERS APP ROPRIATE. 23
8–2A–09. 24
(A) THE ATTORNEY GENERAL SHALL COLLECT AND MAINTAIN THE 25
FOLLOWING DATA RELATING TO COMPLAIN TS FILED UNDER THIS SUBTITLE: 26
(1) THE NUMBER OF COMPLAI NTS FILED; 27
(2) DEMOGRAPHIC INFORMATI ON REGARDING THE COM PLAINANTS, 28
INCLUDING SEX AND RA CE; 29
10 SENATE BILL 514
(3) THE NAMES OF LANDLORD S SUBJECT TO A COMPL AINT; 1
(4) THE NUMBER OF INVESTI GATIONS CONDUCTED BY T HE 2
ATTORNEY GENERAL; AND 3
(5) THE DISPOSITION OF EA CH COMPLAINT . 4
(B) (1) THE ATTORNEY GENERAL SHALL PUBLISH ANNUALLY AND POST 5
ON THE ATTORNEY GENERAL’S WEBSITE INFORMATIO N ON SUBSTANTIATED 6
COMPLAINTS THAT RESU LTED IN THE IMPOSITI ON OF A CIVIL PENALTY U NDER § 7
8–2A–10 OF THIS SUBTITLE. 8
(2) THE ATTORNEY GENERAL MAY NOT PUBLI SH ANY IDENTIFYING 9
INFORMATION ABOUT A LANDLORD THAT IS THE SUBJECT OF A COMPLIA NT IF THE 10
LANDLORD IS IN GOOD FAITH COMPLIANCE WIT H REQUIREMENTS IMPOS ED BY THE 11
ATTORNEY GENERAL UNDER § 8–2A–10 OF THIS SUBTITLE. 12
8–2A–10. 13
(A) A VIOLATION OF THIS SU BTITLE: 14
(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 15
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 16
(2) IS SUBJECT TO THE ENF ORCEMENT AND PENALTY PROVISIO NS 17
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT § 13–411 OF 18
THE COMMERCIAL LAW ARTICLE. 19
(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO A CIVIL 20
PENALTY NOT EXCEEDIN G $1,000 FOR EACH VIOLATION . 21
8–2A–11. 22
THE ATTORNEY GENERAL SHALL ADOPT R EGULATIONS TO CARRY OUT THIS 23
SUBTITLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26