4.3 Maryland Fair Housing Laws
Key Takeaways
- Maryland fair housing covers all seven federal classes plus marital status, sexual orientation, gender identity, source of income, and military status
- Source of income protection means a landlord generally cannot reject an applicant solely for using a Housing Choice Voucher (Section 8) or other lawful income
- The Maryland Commission on Civil Rights (MCCR) enforces the state law and works with HUD on dual-filed complaints
- A complaint must be filed within 1 year of the discriminatory act, consistent with federal HUD timelines
- Even where an owner qualifies for a sale/rental exemption, discriminatory advertising is never allowed and a licensee may not participate in discrimination
Important: This section covers Maryland-specific provisions. Master the federal Fair Housing Act first on the national portion — the seven federal classes (race, color, religion, sex, national origin, disability, familial status) are tested there.
Maryland's Expanded Protected Classes
The Maryland Fair Housing law adopts every federal protected class and then adds five more. Knowing exactly which classes are Maryland-only is the most tested point in this section.
| Protected Class | Federal | Maryland |
|---|---|---|
| Race | Yes | Yes |
| Color | Yes | Yes |
| Religion | Yes | Yes |
| Sex | Yes | Yes |
| National Origin | Yes | Yes |
| Disability | Yes | Yes |
| Familial Status | Yes | Yes |
| Marital Status | No | Yes |
| Sexual Orientation | No (state add-on) | Yes |
| Gender Identity | No (state add-on) | Yes |
| Source of Income | No | Yes |
| Military Status | No | Yes |
Key difference: Maryland adds marital status, sexual orientation, gender identity, source of income, and military status. Many study guides forget source of income and military status — do not.
What "Source of Income" Means
This protection generally bars refusing an applicant solely because their lawful income comes from a Housing Choice Voucher (Section 8), Social Security, disability, alimony, or similar lawful sources. A landlord may still apply neutral, evenly-applied income and credit standards — but cannot post "No Section 8" or steer voucher holders away. This is a frequent real-world complaint and a likely exam scenario.
Military Status
Maryland also protects military status, meaning a landlord or seller cannot discriminate against active-duty service members, veterans, or members of the National Guard or Reserves because of that status. Combined with source-of-income protection, these two state-only classes are the ones national-exam study leaves out, so they are high-value to memorize for the Maryland portion.
Prohibited Conduct
Under Maryland (and parallel federal) law, in any housing transaction it is illegal to:
- Refuse to sell, rent, or negotiate because of a protected class.
- Discriminate in the terms, conditions, or privileges of a sale or rental.
- Make a discriminatory statement or advertisement expressing a preference.
- Represent that housing is unavailable when it is in fact available.
- Blockbusting — inducing sales/rentals by suggesting that protected-class persons are moving into a neighborhood.
- Steering — guiding buyers toward or away from neighborhoods based on a protected class.
- Discriminatory lending or appraisal — unequal loan terms or values based on a protected class.
- Refusing a reasonable accommodation or modification for a person with a disability — for example, denying a service/assistance animal in a no-pets building, or refusing to allow a tenant-paid grab-bar installation.
Enforcement: The MCCR
The Maryland Commission on Civil Rights (MCCR) investigates state fair-housing complaints, attempts conciliation, and can refer matters for administrative hearing or court. Because Maryland is a substantially equivalent jurisdiction, complaints are often dual-filed with HUD, and a complainant may also file suit directly in court within the applicable statute of limitations.
| Requirement | Detail |
|---|---|
| Filing deadline | Within 1 year of the discriminatory act |
| Where to file | MCCR or HUD |
| Process | Investigation → finding of reasonable cause → conciliation → hearing/court |
| Remedies | Actual & punitive damages, civil penalties, injunctive relief, attorney's fees |
Exemptions (Narrow — and Never for Licensees)
| Exemption | Conditions |
|---|---|
| "Mrs. Murphy" | Owner-occupied building of 4 or fewer units |
| FSBO single-family | Owner sells without a broker and without discriminatory ads |
| Religious organization | Housing for members (cannot restrict by race) |
| Private club | Lodgings for members only |
| Senior housing | Qualifies as 55+ or 62+ housing (familial-status exception) |
Critical: Even when an exemption applies, discriminatory advertising is never permitted, and a real estate licensee may not participate in any discriminatory act. A broker cannot ride an owner's exemption.
Advertising and Licensee Duties
All advertising must use the Equal Housing Opportunity logo or slogan and avoid stating a preference for or against a protected class.
| Avoid | Acceptable alternative |
|---|---|
| "Perfect for a young couple" | "Great starter home" |
| "No children" | "One-bedroom apartment" |
| "Christian community" | "Near downtown" |
| "No Section 8" | (describe rent and neutral, evenly-applied screening) |
Licensees must treat all parties equally, display the fair-housing poster, and refuse a client's discriminatory instruction — following a seller's order to "only show to certain buyers" makes the agent personally liable.
Steering vs. Answering Questions
A subtle exam line: an agent may give objective, factual information (school district boundaries, tax rates, crime statistics from a public source) but may not characterize a neighborhood by the protected makeup of its residents or steer based on a buyer's protected class. Saying "you'll fit in better over here" or refusing to show listings in certain areas is illegal steering. Likewise, an agent must report — and not carry out — a client's discriminatory directive; "I was just doing what my client wanted" is never a defense under either Maryland or federal law.
Which set of classes is protected under MARYLAND fair housing law but NOT under the federal Fair Housing Act?
A landlord advertises an apartment with the phrase 'No Section 8.' In Maryland, this most likely violates which protected class?
An owner of a duplex she lives in qualifies for the 'Mrs. Murphy' exemption. Her listing agent runs an ad that says 'adults only, no kids.' Is the ad lawful?