Fair Housing Guide — Maryland

Federal Fair Housing Act + Maryland protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race

42 U.S.C. § 3604 — no discrimination based on race or color of skin.

Color

Closely related to race; covers skin color distinctions within racial groups.

National Origin

Country of birth, ancestry, culture, or linguistic characteristics.

Religion

Cannot refuse housing or impose different terms based on religious beliefs or practices.

Sex

Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.

Disability

Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.

Familial Status

Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

Maryland Additional Protected Classes

Maryland law adds the following protections beyond the federal baseline:

Sexual orientation
Gender identity and expression
Marital status
Source of income (Baltimore City, Montgomery County, PG County)
Age
Ancestry
Genetic information

Source of Income / Housing Vouchers (Section 8)

Not a statewide protected class

Maryland does not have statewide source-of-income protection. However, some cities and counties in Maryland may have local ordinances that do protect it. Check your municipality.

Criminal History Screening

Individualized Assessment Required

You may ask about criminal history, but you must conduct an individualized assessment of each applicant. You cannot apply blanket bans (e.g., "no felonies ever"). You must consider: nature of the crime, time elapsed, rehabilitation, and relevance to tenancy.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

Race or racial background
Religion or religious practices
National origin or ethnicity
Sex or gender (federal)
Disability or handicap status
Familial status (having children under 18, pregnancy)
Sexual orientation or gender identity
Marital status
Age (unless senior housing)

These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

Proof of income (pay stubs, bank statements, employer letters)
Employment status and employer contact
Rental history and references from prior landlords
Consent to run a credit check
Personal references
Number of occupants (to apply occupancy standards consistently)
Criminal background check (individualized assessment required by some counties)
Income-to-rent ratio
Prior eviction history

Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

"Perfect for young professionals" (implies familial status preference)
"No children" or "adults only" (familial status — illegal unless 55+ senior housing)
"Christian household" or "religious community" (religion)
"No Section 8" (may be illegal in some local jurisdictions)
"Native English speakers preferred" (national origin)
Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

Maryland Fair Employment and Housing Law adds several classes statewide. Baltimore City: source of income (Section 8) is protected locally. Montgomery County: source of income protected; also has strong tenant protections. Prince George's County has local fair housing ordinances. Maryland DHCD administers statewide rental registration.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.