Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.04 - Fair Housing Regulations
Section 14.03.04.04 - Unlawful Practices Generally
Universal Citation: MD Code Reg 14.03.04.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Real Estate Practices Prohibited. In accordance with the Commission's interpretation of discriminatory housing practices, under State Government Article, §§ 20-705 and 20-707"20-708, Annotated Code of Maryland, it shall be unlawful for a person to:
(1) Refuse to sell or rent a dwelling after
the making of a bona fide offer, refuse to negotiate for the sale or rental of
a dwelling or otherwise make unavailable or deny a dwelling to a person because
of race, color, religion, sex, disability, familial status, marital status,
national origin, or sexual orientation;
(2) Make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement with
respect to the sale or rental of a dwelling that indicates a preference,
limitation, or discrimination based on race, color, religion, sex, disability,
familial status, marital status, national origin, or sexual
orientation;
(3) Represent to a
person because of race, color, religion, sex, disability, familial status,
marital status, national origin, or sexual orientation that a dwelling is not
available for sale or rental when the dwelling is in fact available;
(4) Induce or attempt to induce for a profit
a person to sell or rent a dwelling by representations regarding the entry or
prospective entry into a neighborhood of a person of a particular race, color,
religion, sex, disability, familial status, marital status, national origin, or
sexual orientation;
(5)
Discriminate against a person in making a real estate related transaction
available or in the terms or conditions of a real estate related transaction
because of race, color, religion, sex, disability, familial status, marital
status, national origin, or sexual orientation;
(6) Deny a person access to, or membership or
participation in, a multi-listing service, real estate brokers' organization,
or other service, organization, or facility relating to the business of selling
or renting dwellings, or discriminate against a person in the terms or
conditions of access, membership, participation in such an organization or
service, or facility because of race, color, religion, sex, disability,
familial status, marital status, national origin, or sexual orientation;
or
(7) Intimidate or interfere with
or attempt to intimidate or interfere with a person intentionally because of
race, color, religion, sex, disability, familial status, marital status,
national origin, or sexual orientation whether acting under color of law, by
force or threat of force:
(a) Because the
person is or has been selling, purchasing, renting, financing, or occupying,
contracting or negotiating for the sale, purchase, rental, financing, or
occupation of a dwelling or for applying for or participating in a service,
organization, or facility relating to the business of selling or renting
dwellings, or
(b) Because a person
has made a complaint, testified, assisted, or participated in any manner in a
proceeding under State Government Article, Title 20, Annotated Code of
Maryland.
B. Unlawful Refusal to Sell or Rent or to Negotiate.
(1) It shall be unlawful for a person to
refuse:
(a) To sell or rent a dwelling to a
person who has made a bona fide offer because of race, color, religion, sex,
disability, familial status, marital status, national origin, or sexual
orientation; or
(b) To negotiate
with a person for the sale or rental of a dwelling because of race, color,
religion, sex, disability, familial status, marital status, national origin, or
sexual orientation.
(2)
Prohibited actions under this section include, but are not limited to:
(a) Imposing different sales prices or rental
charges for the sale or rental of a dwelling upon a person because of race,
color, religion, sex, disability, familial status, marital status, national
origin, or sexual orientation;
(b)
Using different qualification criteria, applications, sale or rental standards
or procedures such as income standards, application requirements, application
fees, credit analysis, approval procedures, or other requirements, because of
race, color, religion, sex, disability, familial status, marital status,
national origin, or sexual orientation; or
(c) Evicting tenants because of their race,
color, religion, sex, disability, familial status, marital status, national
origin, or sexual orientation.
C. Discrimination in Terms, Conditions, and Privileges and in Services and Facilities.
(1)
It shall be unlawful, because of race, color, religion, sex, disability,
familial status, marital status, national origin, or sexual orientation to:
(a) Impose different terms, conditions, or
privileges relating to the sale or rental of a dwelling; or
(b) Deny or limit services or facilities in
connection with the sale or rental of a dwelling.
(2) Prohibited actions under this section
include, but are not limited to:
(a) Using
different provisions in leases or contracts of sale, such as those relating to
rental charges, security deposits, and the terms of a lease, and those relating
to down payment and closing requirements, because of race, color, religion,
sex, disability, familial status, marital status, national origin, or sexual
orientation;
(b) Failing or
delaying maintenance or repairs of sale or rental dwellings because of race,
color, religion, sex, disability, familial status, marital status, national
origin, or sexual orientation;
(c)
Failing to process an offer for the sale or rental of a dwelling or to
communicate an offer accurately because of race, color, religion, sex,
disability, familial status, marital status, national origin, or sexual
orientation;
(d) Limiting the use
of privileges, services, or facilities associated with a dwelling because of
race, color, religion, sex, disability, familial status, marital status,
national origin, or sexual orientation of an owner or tenant; or
(e) Denying or limiting services or
facilities in connection with the sale or rental of a dwelling because an
individual failed or refused to provide sexual favors.
D. Other Prohibited Sale and Rental Conduct. It shall be unlawful, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation to restrict or attempt to restrict the choice of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to:
(1) Perpetuate, or tend to
perpetuate, segregated housing patterns; or
(2) Discourage or obstruct choices in a
community, neighborhood, or development.
E. Prohibited Practices Under §D of This Regulation. Section D of this regulation generally refers to unlawful steering practices that include, but are not limited to:
(1) Discouraging a person from inspecting,
purchasing, or renting a dwelling because of race, color, religion, sex,
disability, familial status, marital status, national origin, or sexual
orientation;
(2) Discouraging a
person because of the race, color, religion, sex, disability, familial status,
marital status, national origin, or sexual orientation of individuals in a
community, neighborhood, or development;
(3) Discouraging the purchase or rental of a
dwelling because of race, color, religion, sex, disability, familial status,
marital status, national origin, or sexual orientation by exaggerating
drawbacks or failing to inform a person of desirable features of a dwelling,
community, neighborhood, or development;
(4) Communicating to a prospective purchaser
that the person would not be comfortable or compatible with existing residents
of a community, neighborhood, or development because of race, color, religion,
sex, disability, familial status, marital status, national origin, or sexual
orientation; or
(5) Assigning a
person to a particular section of a community, neighborhood, or development or
to a particular floor of a building because of race, color, religion, sex,
disability, familial status, marital status, national origin, or sexual
orientation.
F. Unlawful Conduct Related to Provision of Housing, Services, or Facilities. Prohibited sales and rental practices under this section of the regulation include, but are not limited to:
(1) Discharging or taking
other adverse action against an employee, broker, or agent because the
individual refused to participate in a discriminatory housing
practice;
(2) Employing codes or
other devices to segregate or reject applicants, purchasers, or renters because
of race, color, religion, sex, disability, familial status, marital status,
national origin, or sexual orientation;
(3) Refusing to take or to show listings of
dwellings in certain areas because of race, color, religion, sex, disability,
familial status, marital status, national origin, or sexual
orientation;
(4) Refusing to deal
with certain brokers or agents because the brokers or agents or one or more of
their clients are of a particular race, color, religion, sex, disability,
familial status, marital status, national origin, or sexual
orientation;
(5) Denying or
delaying the processing of an application made by a purchaser or renter or
refusing to approve an individual for occupancy in a cooperative or condominium
dwelling because of race, color, religion, sex, disability, familial status,
marital status, national origin, or sexual orientation; or
(6) Refusing to provide municipal service, or
property or hazard insurance for a dwelling, or providing it differently
because of race, color, religion, sex, disability, familial status, marital
status, national origin, or sexual orientation.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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