Maryland Fair Housing Act: an Overview
As a landlord in Maryland, you must comply with a wide variety of rental laws, and the Federal Fair Housing Act makes housing equally accessible to minorities by having its own set of rules. Basically, the act makes it illegal for landlords to discriminate against their tenants on the basis of their pertinence to a certain protected group.
Below is a basic overview of the state’s anti-discrimination law.
What is the Purpose of the Act?
The act can also be defined as fair access to housing and means that a tenant has the right to choose a place to live without being discriminated against based on a being a part of a certain group protected under the law. The ultimate goal of this is to offer greater housing choices for people of protected minorities in equal opportunity as all other citizens and to eliminate housing discrimination.
So, does the Fair Housing Act give certain people special privileges in regards to housing? Not at all! It simply guarantees every person an equal opportunity in regard to housing-related matters.
The act exists at two levels: the federal and state level. It was passed by Congress in 1968. Since then, the act has seen multiple amendments that have brought about even more protected classes.
Originally, the act only had four protected classes: race, color, religion, and national origin. But, as of today, the protected characteristics now number 7 including things like sexual orientation, gender identity, and marital status.
Furthermore, various states, including Maryland, have passed legislation that has expanded the list of protected classes even more. This substantially limits the amount of marginalized communities that can be discriminated against as urban development paves the way for property owners to own more rentals.
According to the State Government Article, §20-702, Annotated Code of Maryland, it’s illegal for Maryland housing providers to discriminate against tenants on the basis of the following protected characteristics:
- Sex
- Disability
- Religion
- Color
- Race
- Sexual orientation
- Marital status
- National origin
- Familial status
- Gender identity, including the identities of transgender and nonbinary individuals wherein the person's assigned sex at birth does not align with their current gender related identity
- Source of income
The Fair Housing Laws apply to almost all housing providers. Besides landlords, the laws also apply to mortgage lenders, credit unions, savings institutions, and appraisers.
What Are Examples of Housing Discrimination?
According to the Fair Housing Laws, the following are illegal actions that landlords/property managers must avoid:
- Committing acts of intimidation, harassment, violence, prejudice, or abuse that are directed toward individuals or families or their residential property
- Treating prospective tenants differently during the tenant screening process. For example, asking tenants different screening questions depending on the way they look
- Misgendering a tenant purposefully or not respecting their gender identity
- Requesting information about family planning practices and/or birth control
- Treating a tenant (either prospective or current) differently because of a protected characteristic
- Attempting to steer persons into or away from apartment complexes or neighborhoods due to being members of a particular class
- Saying that a dwelling isn’t available for rent when, in fact, it’s available
- Using discriminatory advertisements or notices indicating a preference or discriminatory limitations
- Using discriminatory terms and conditions in renting out a home
- Charging more for a security deposit
What Can Landlords Do to Avoid Being Accused of Housing Discrimination?
1. Be Careful When Advertising Your Maryland Rental Property
The Fair Housing law strictly forbids making, publishing, or printing rental ads that violate the act. When creating a rental ad, you should focus more on describing the property’s attributes and amenities rather than the nature of the tenants.
You want to avoid including discriminatory statements such as:
- “Suitable for a Quiet Couple”
- “Ideal for a Single Professional”
- “Suitable for a Male Student”
- “Looking for Christian Tenants”
These statements basically suggest that you prefer certain people over others. And, as per the Fair Housing Act, that would be discrimination.
2. Be Mindful of How You Screen Prospective Tenants
Every landlord in Maryland wants to rent to great tenants. That is to say, tenants that will pay rent on time, care for their rental premises, don't break the lease agreement, report maintenance issues when they crop up, and rent long-term, among other qualities.
The only way to land such a caliber of tenants is by subjecting every applicant to a screening process. While there is no crime in that, you must ensure the process is devoid of any form of discrimination.
You’ll want to avoid questions that touch on a tenant’s protected class. The following are examples of questions you’ll want to avoid asking prospective tenants:
- Where are you originally from? National origin is a protected class
- Which church do you attend? This question would be discriminative to tenants who aren’t Christians
- Is that a service dog? A disabled tenant would assume that you don’t rent to disabled people
- Are you pregnant? Familial status is also a protected class
Additionally, practice equity. Ask every applicant the same set of questions.
3. Follow the Law When Evicting Tenants
Eviction is every landlord’s worst nightmare. Be that as it may, it’s sometimes the last remedy left. When this occurs, ensure you follow the law to the letter.
First and foremost, avoid carrying out “self-help” evictions. For instance, removing the tenant’s belongings, shutting off previously available utilities, or locking their doors. Regardless of the violation, these actions are illegal.
This illegality is especially applicable to discriminatory evictions. You cannot, for instance, evict a tenant just because you have a bias against their race.
Evicting a tenant can only be successful if you have a legitimate reason. For example, if the tenant has refused to pay rent or has caused negligent property damage.
4. Hire a Property Management Company
If you’re just starting out as a landlord in Maryland, your best bet is to hire an experienced property management company like McKenna & Vane Property Management.
An experienced property management company like us will have a good understanding of the Fair Housing Act, as well as various other landlord-tenant laws. Other laws include the Warranty of Habitability, Security Deposit Laws, Landlord Entry Laws, and the Eviction Laws.
Bottom Line
There you have it. Everything you need to know about the Maryland Fair Housing laws. As we mentioned, if you’re just getting started as a landlord, it may be in your best interest to hire experienced property management. Violations to the act carry heavy civil penalties of up to $65,000.
McKenna & Vane Property Management can cover all your legal needs and any other vital aspect of taking care of your rental property. Get in touch with us to get started!