Maryland Fair Housing Compliance: Laws & Protected Classes Guide

Understanding Maryland's fair housing laws is crucial for property managers, real estate professionals, and housing providers operating in the state. This comprehensive guide covers Maryland's protected classes, key compliance requirements, and best practices for preventing discrimination.

Key Takeaways

• Maryland fair housing laws protect more classes than federal law, including source of income and sexual orientation
• Property managers must ensure compliance with both state and federal fair housing regulations
• Discriminatory advertising and marketing practices can lead to violations
• Regular fair housing training and compliance reviews are recommended
• Using automated compliance tools can help prevent inadvertent violations

Understanding Maryland's Protected Classes

Maryland's fair housing laws expand upon federal protections by including additional protected characteristics. According to Maryland State Government Code §20-705, protected classes include:

• Race
• Color
• Religion
• Sex
• Disability
• Marital status
• Familial status (including pregnancy)
• Sexual orientation
• Gender identity
• National origin
• Source of income

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Key Differences from Federal Law

Maryland's fair housing protections go beyond federal requirements in several important ways:

Source of Income Protection

Maryland prohibits discrimination based on an individual's source of income, including: - Housing vouchers - Social Security benefits - Veterans benefits - Other forms of legal income

Sexual Orientation and Gender Identity

Unlike federal law, Maryland explicitly protects against discrimination based on:

• Sexual orientation
• Gender identity
• Gender expression

Prohibited Discriminatory Practices

Maryland law prohibits various discriminatory practices in housing transactions, including:

1. Refusing to rent, sell, or negotiate for housing
2. Setting different terms, conditions, or privileges
3. Making discriminatory statements or advertisements
4. Falsely claiming housing is unavailable
5. Steering prospective tenants to specific neighborhoods
6. Discriminating in mortgage lending or insurance

Advertising and Marketing Compliance

Property managers and real estate professionals must ensure their advertising practices comply with Maryland fair housing laws. For detailed guidance on compliant advertising, see our guide on Preventing Discriminatory Language in Property Advertisements.

Best Practices for Compliant Advertising

1. Use inclusive language
2. Focus on property features rather than ideal tenant characteristics
3. Avoid potentially discriminatory phrases or preferences
4. Include the Equal Housing Opportunity logo
5. Maintain consistent screening criteria

Reasonable Accommodations and Modifications

Maryland law requires housing providers to:

1. Make reasonable accommodations in rules, policies, and procedures
2. Allow reasonable modifications to units and common areas
3. Engage in an interactive process with disabled residents
4. Document accommodation and modification requests

For more information on compliance requirements, see our Complete Guide to Fair Housing Compliance.

Enforcement and Penalties

The Maryland Commission on Civil Rights enforces fair housing laws in the state. Violations can result in:

• Civil penalties
• Compensatory damages
• Attorney fees and costs
• Required training and policy changes
• Monitoring and reporting requirements

Best Practices for Maintaining Compliance

1. Regular Training

• Provide comprehensive fair housing training for all staff
• Stay updated on law changes and new requirements
• Document all training sessions

2. Written Policies and Procedures

• Develop clear, written fair housing policies
• Establish consistent screening criteria
• Create procedures for handling accommodation requests

3. Documentation

• Maintain detailed records of all housing transactions
• Document the reasons for adverse housing decisions
• Keep records of accommodation requests and responses

4. Regular Audits

• Conduct periodic compliance reviews
• Test advertising and marketing materials
• Review policies and procedures annually

5. Technology Solutions

Consider implementing automated compliance screening tools to help prevent violations in listings and marketing materials.

Preventing Fair Housing Violations

To minimize the risk of violations:

1. Implement standardized procedures
2. Use objective screening criteria
3. Document all decisions
4. Maintain consistent policies
5. Respond promptly to accommodation requests
6. Review all marketing materials for compliance

Protect your business from fair housing violations. Try FairSentry to automatically screen your property listings for potential discrimination.

Frequently Asked Questions

What is considered a source of income in Maryland?

Any lawful source of income, including but not limited to employment, public assistance, housing vouchers, social security, and veterans benefits.

Are there any exemptions to Maryland's fair housing laws?

While some limited exemptions exist, they are narrow and should be carefully reviewed with legal counsel before being relied upon.

How long must I maintain fair housing records?

It's recommended to maintain records for at least three years, though longer retention periods may be advisable.

What should I do if I receive a discrimination complaint?

Respond promptly, document everything, and consider seeking legal counsel. Do not retaliate against the complainant.

Are online listings subject to fair housing laws?

Yes, all advertising, including online listings and social media posts, must comply with fair housing requirements.

Conclusion

Compliance with Maryland's fair housing laws requires ongoing attention to detail, regular training, and consistent policies. Property managers and housing providers should:

• Stay informed about state and federal requirements
• Maintain detailed documentation
• Provide regular staff training
• Use automated compliance tools
• Seek legal counsel when needed

Understanding and following these guidelines helps prevent discrimination and ensures equal housing opportunities for all Maryland residents while protecting your business from potential violations and penalties.

For more information on maintaining compliance across your property listings, visit our Complete Guide to Fair Housing Compliance for Property Managers.