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WES MOORE, Governor Ch. 752
Chapter 752
(Senate Bill 937)
AN ACT concerning
Landlord and Tenant – Residential Leases – Prospective Tenant Criminal
History Records Check
(Maryland Fair Chance Housing Act)
FOR the purpose of prohibiting a landlord from requiring or requesting from a prospective
tenant certain information relating to criminal history and prohibiting a landlord
from considering certain information when evaluating the prospective tenant;
permitting a landlord to consider certain criminal history information prior to
extending a conditional offer to a prospective tenant and requiring the landlord to
consider certain information provided by a prospective tenant relating to a criminal
history records check; authorizing a landlord to consider certain criminal convictions
only after extending a conditional offer to a prospective tenant and authorizing a
landlord to withdraw a conditional offer under certain circumstances; prohibiting a
landlord from publishing certain housing advertisements; establishing that the lease
of residential property to an individual with a criminal record or the decision of a
landlord not to conduct a criminal history records check is not the basis of a claim
against a landlord; requiring the Office of Tenant and Landlord Affairs in the
Department of Housing and Community Development to develop and publish a
certain model document; requiring the Attorney General Office of Tenant and
Landlord Affairs to collect and maintain certain data and publish certain
information relating to collected data annually on the Attorney General’s website
website of the Office of Tenant and Landlord Affairs; making a violation of this Act
an unfair, abusive, or deceptive trade practice subject to enforcement and certain
penalties under the Maryland Consumer Protection Act; and generally relating to
the use of criminal history records checks in residential leasing.
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 13–301(14)(xlvii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Commercial Law
Section 13–301(14)(xlviii)
Annotated Code of Maryland
(2025 Replacement Volume)
BY adding to
Article – Commercial Law
Section 13–301(14)(xlix)
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Ch. 752 2026 LAWS OF MARYLAND
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Real Property
Section 8–218(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Real Property
Section 8–218(b)
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Real Property
Section 8–2A–01 through 8–2A–11 8–2A–13 8–2A–12 to be under the new subtitle
“Subtitle 2A. Discriminatory Use of Criminal History in Residential Leasing”
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Commercial Law
13–301.
Unfair, abusive, or deceptive trade practices include any:
(14) Violation of a provision of:
(xlvii) Title 14, Subtitle 50 of this article; [or]
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or
(XLIX) TITLE 8, SUBTITLE 2A OF THE REAL PROPERTY
ARTICLE; OR
Article – Real Property
8–218.
(a) In this section, “reusable tenant screening report” means a report prepared
within the previous 30 days by a consumer reporting agency at the request and expense of
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WES MOORE, Governor Ch. 752
a prospective tenant and made directly available to a prospective landlord at no charge for
use in the rental application process.
(b) A reusable tenant screening report shall contain the following information
regarding a prospective tenant:
(1) A credit report;
(2) For each jurisdiction indicated as a prior residence of the prospective
tenant, regardless of whether the residence is reported by the prospective tenant or by a
consumer reporting agency preparing a consumer report:
(i) [A] SUBJECT TO SUBTITLE 2A OF THIS TITLE, A
comprehensive criminal history records check for all federal, state, and local charges
against and convictions of the prospective tenant over the previous [7] 3 years; and
(ii) A comprehensive eviction history for all state and local
jurisdictions for the previous 7 years;
(3) Verification of employment and income; and
(4) Current address and rental history.
SUBTITLE 2A. DISCRIMINATORY USE OF CRIMINAL HISTORY IN RESIDENTIAL
LEASING.
8–2A–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “CONDITIONAL OFFER” MEANS AN OFFER TO LEASE A RESIDENTIAL
PROPERTY TO A PROSPECTIVE TENANT THAT IS CONTINGENT ON A SUBSEQUENT
INQUIRY INTO THE PROSPECTIVE TENANT’S CRIMINAL HISTORY.
(C) “CRIMINAL HISTORY RECORDS” HAS THE MEANING STATED IN § 10–239
OF THE CRIMINAL PROCEDURE ARTICLE.
8–2A–02.
(A) THIS SUBTITLE APPLIES ONLY TO A LANDLORD THAT MANAGES OR
OWNS FIVE OR MORE RESIDENTIAL RENTAL UNITS IN THE STATE, INCLUDING ANY
RESIDENTIAL RENTAL UNITS THAT THE LANDLORD OWNS OR CONTROLS:
(1) IN WHOLE OR IN PART;
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Ch. 752 2026 LAWS OF MARYLAND
(2) DIRECTLY OR INDIRECTLY; OR
(3) THROUGH ONE OR MORE LEGAL ENTITIES.
(B) THIS SUBTITLE DOES NOT APPLY TO OWNER–OCCUPIED RESIDENTIAL
RENTAL UNITS.
8–2A–02. 8–2A–03.
A LANDLORD THAT CONDUCTS A CRIMINAL HISTORY RECORDS CHECK IN
ACCORDANCE WITH THIS SUBTITLE SHALL DO SO FOR EVERY PROSPECTIVE TENANT.
8–2A–03. 8–2A–04.
(A) A LANDLORD MAY NOT:
(1) REQUIRE A PROSPECTIVE TENANT TO SUBMIT TO A DRUG OR
ALCOHOL TEST; OR
(2) REQUEST OR REQUIRE A PROSPECTIVE TENANT TO CONSENT TO
THE RELEASE OF INFORMATION ABOUT THE PROSPECTIVE TENANT FROM A
PROGRAM FOR THE PREVENTION AND TREATMENT OF SUBSTANCE USE DISORDERS.
(B) BEFORE ACCEPTING AN APPLICATION FEE, A LANDLORD SHALL
PROVIDE IN WRITING TO A PROSPECTIVE TENANT:
(1) NOTICE REGARDING THE USE OF A CRIMINAL HISTORY RECORDS
CHECK IN DETERMINING ELIGIBILITY FOR LEASING, INCLUDING A STATEMENT THAT
CONVICTION FOR A CRIME LISTED IN § 8–2A–05 §§ 8–2A–05 AND 8–2A–06 OF THIS
SUBTITLE MAY BE CONSIDERED BY THE LANDLORD ONLY AFTER THE EXTENSION OF
A CONDITIONAL OFFER; AND
(2) INFORMATION ON THE ABILITY OF THE PROSPECTIVE TENANT, IN
RESPONSE TO A CRIMINAL HISTORY RECORDS CHECK, TO PROVIDE EVIDENCE
DEMONSTRATING:
(I) INACCURACIES IN THE TENANT’S CRIMINAL HISTORY
RECORDS;
(II) EVIDENCE OF REHABILITATION; AND
(III) MITIGATING FACTORS.
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WES MOORE, Governor Ch. 752
(C) A LANDLORD SHALL NOTIFY A PROSPECTIVE TENANT THAT AN
INDIVIDUALIZED ASSESSMENT WILL BE CONDUCTED.
8–2A–04. 8–2A–05.
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
BEFORE EXTENDING A CONDITIONAL OFFER TO A PROSPECTIVE TENANT, A
LANDLORD MAY NOT:
(I) REQUEST OR REQUIRE THE PROSPECTIVE TENANT TO
DISCLOSE IN A HOUSING APPLICATION WHETHER THE PROSPECTIVE TENANT HAS A
CRIMINAL HISTORY OR HAS BEEN ACCUSED OF OR CHARGED WITH ANY CRIMES; OR
(II) MAKE AN ORAL OR WRITTEN INQUIRY REGARDING THE
CRIMINAL HISTORY OF THE PROSPECTIVE TENANT.
(2) A BEFORE EXTENDING A CONDITIONAL OFFER, A LANDLORD MAY
REQUIRE INFORMATION REGARDING WHETHER A ON, AND MAY REJECT A
PROSPECTIVE TENANT’S APPLICATION ON THE GROUNDS OF, WHETHER THE
PROSPECTIVE TENANT:
(I) HAS BEEN CONVICTED OF:
1. FOR A POTENTIAL TENANCY IN FEDERALLY ASSISTED
HOUSING, MANUFACTURING, DISTRIBUTING, DISPENSING, OR PRODUCING
METHAMPHETAMINE ON THE PREMISES OF FEDERALLY ASSISTED HOUSING;
2. A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF
THE CRIMINAL LAW ARTICLE;
3. CHILD PORNOGRAPHY UNDER § 11–207 OF THE
CRIMINAL LAW ARTICLE;
4. IF THE CONVICTION OCCURRED WITHIN 10 YEARS
IMMEDIATELY PRECEDING THE RENTAL APPLICATION:
A. 4. MURDER IN THE FIRST DEGREE UNDER § 2–201 OF
THE CRIMINAL LAW ARTICLE; OR
B. 5. MURDER IN THE SECOND DEGREE UNDER § 2–204 OF
THE CRIMINAL LAW ARTICLE; OR
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Ch. 752 2026 LAWS OF MARYLAND
5. 6. HUMAN TRAFFICKING UNDER § 3–1102 OF THE
CRIMINAL LAW ARTICLE; OR
(II) IS SUBJECT TO A LIFETIME REGISTRATION REQUIREMENT
UNDER A STATE SEX OFFENDER REGISTRATION PROGRAM.; OR
(III) HAS EVER BEEN SUBJECT TO A REGISTRATION
REQUIREMENT UNDER A STATE OR FEDERAL SEX OFFENDER REGISTRATION
PROGRAM; OR
(IV) HAS EVER BEEN CONVICTED IN ANOTHER STATE OR
FEDERAL COURT OF A CRIME WITH THE SAME CRIMINAL ELEMENTS AS A CRIME
LISTED IN THIS SECTION.
(B) IN RESPONSE TO THE RESULTS OF A CRIMINAL HISTORY RECORDS
CHECK, A PROSPECTIVE TENANT MAY PROVIDE, AND A LANDLORD SHALL CONSIDER,
EVIDENCE DEMONSTRATING:
(1) INACCURACIES IN THE PROSPECTIVE TENANT’S CRIMINAL
HISTORY RECORDS;
(2) EVIDENCE OF REHABILITATION; AND
(3) ANY OTHER MITIGATING FACTORS.
8–2A–05. 8–2A–06.
(A) AFTER THE EXTENSION OF A CONDITIONAL OFFER TO A PROSPECTIVE
TENANT, A LANDLORD MAY CONDUCT A CRIMINAL HISTORY RECORDS CHECK AND
CONSIDER ONLY THE FOLLOWING CONVICTIONS AS POTENTIAL GROUNDS FOR
WITHDRAWAL OF THE OFFER:
(1) MURDER IN THE FIRST DEGREE UNDER § 2–201 OF THE CRIMINAL
LAW ARTICLE; ANY FELONY CONVICTION UNDER THE CRIMINAL LAW ARTICLE IF
THE CONVICTION OCCURRED WITHIN 5 YEARS IMMEDIATELY PRECEDING THE
RENTAL APPLICATION; OR
(2) HUMAN TRAFFICKING UNDER § 3–1102 OF THE CRIMINAL LAW
ARTICLE; ANY CONVICTIONS LISTED IN § 8–2A–05 OF THIS SUBTITLE THAT THE
PROSPECTIVE TENANT HAS NOT PREVIOUSLY DISCLOSED.; OR
(3) ANY CONVICTION IN ANOTHER STATE COURT OR A FEDERAL
COURT OF A CRIME WITH THE SAME ELEMENTS AS A FELONY IN THE STATE, IF THE
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WES MOORE, Governor Ch. 752
CONVICTION OCCURRED WITHIN 5 YEARS IMMEDIATELY PRECEDING THE RENTAL
APPLICATION.
(3) ANY CRIME RESULTING IN LIFETIME REGISTRATION IN A STATE
SEX OFFENDER REGISTRY; AND
(4) IF THE CONVICTION OCCURRED WITHIN 3 YEARS IMMEDIATELY
PRECEDING THE CONDITIONAL OFFER:
(I) A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE
CRIMINAL LAW ARTICLE;
(II) CHILD PORNOGRAPHY UNDER § 11–207 OF THE CRIMINAL
LAW ARTICLE;
(III) KIDNAPPING UNDER § 3–502 OF THE CRIMINAL LAW
ARTICLE;
(IV) ARSON UNDER §§ 6–102 AND 6–103 OF THE CRIMINAL LAW
ARTICLE;
(V) ASSAULT IN THE FIRST DEGREE UNDER § 3–202 OF THE
CRIMINAL LAW ARTICLE;
(VI) BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF THE
CRIMINAL LAW ARTICLE;
(VII) MANUFACTURING A CONTROLLED DANGEROUS SUBSTANCE
UNDER § 5–612 OF THE CRIMINAL LAW ARTICLE; AND
(VIII) FELONY FRAUD.
(B) A LANDLORD MAY WITHDRAW A CONDITIONAL OFFER BASED ON A
PROSPECTIVE TENANT’S CRIMINAL HISTORY RECORDS CHECK ONLY IF THE
LANDLORD DETERMINES THAT THE WITHDRAWAL IS NECESSARY TO FULFILL A
SUBSTANTIAL, LEGITIMATE, AND NONDISCRIMINATORY INTEREST.
(C) IF A LANDLORD WITHDRAWS A CONDITIONAL OFFER, THE LANDLORD
SHALL PROVIDE THE PROSPECTIVE TENANT WITH WRITTEN NOTICE OF THE
WITHDRAWAL THAT INCLUDES:
(1) A SPECIFIC REASON FOR THE WITHDRAWAL OF THE CONDITIONAL
OFFER; AND –7–
Ch. 752 2026 LAWS OF MARYLAND
(2) A STATEMENT THAT THE PROSPECTIVE TENANT MAY REQUEST A
REASSESSMENT OF THE WITHDRAWAL BY PROVIDING EVIDENCE WRITTEN
EVIDENCE, SIGNED UNDER THE PENALTY OF PERJURY, TO THE LANDLORD
DEMONSTRATING:
(I) INACCURACIES IN THE PROSPECTIVE TENANT’S CRIMINAL
HISTORY RECORDS;
(II) EVIDENCE OF REHABILITATION; OR
(III) ANY OTHER MITIGATING FACTORS.
(D) A REASSESSMENT OF THE APPLICATION BY THE LANDLORD FOLLOWING
A REQUEST FOR REASSESSMENT BY THE PROSPECTIVE TENANT SHALL CONSIDER
THE FOLLOWING FACTORS:
(1) THE NATURE AND SEVERITY OF THE CRIMINAL OFFENSE;
(2) THE AGE OF THE PROSPECTIVE TENANT AT THE TIME OF THE
OCCURRENCE OF THE CRIMINAL OFFENSE;
(3) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE
OCCURRENCE OF THE CRIMINAL OFFENSE;
(4) ANY INFORMATION PRODUCED BY THE PROSPECTIVE TENANT, OR
PRODUCED ON THE PROSPECTIVE TENANT’S BEHALF, REGARDING REHABILITATION
AND GOOD CONDUCT SINCE THE CRIMINAL OFFENSE;
(5) THE DEGREE TO WHICH THE CRIMINAL OFFENSE, IF IT
REOCCURRED, WOULD NEGATIVELY IMPACT THE SAFETY OF OTHER TENANTS OR
THE PROPERTY; AND
(6) WHETHER THE CRIMINAL OFFENSE OCCURRED ON THE
PROPERTY THAT WAS RENTED OR LEASED BY THE PROSPECTIVE TENANT.
(E) (1) WITHIN 30 DAYS AFTER THE LANDLORD’S NOTICE OF
WITHDRAWAL OF THE CONDITIONAL OFFER, THE PROSPECTIVE TENANT MAY
REQUEST THAT THE LANDLORD PROVIDE A COPY OF ALL INFORMATION THAT THE
LANDLORD RELIED ON IN CONSIDERING THE PROSPECTIVE TENANT, INCLUDING
CRIMINAL HISTORY RECORDS.
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WES MOORE, Governor Ch. 752
(2) WITHIN 10 DAYS AFTER RECEIPT OF A TIMELY REQUEST, THE
LANDLORD SHALL PROVIDE THE INFORMATION REQUESTED UNDER PARAGRAPH (1)
OF THIS SUBSECTION.
8–2A–06. 8–2A–07.
(A) A UNLESS REQUIRED BY FEDERAL LAW, A LANDLORD MAY NOT
KNOWINGLY OR INTENTIONALLY PUBLISH OR CAUSE TO BE PUBLISHED ANY
ADVERTISEMENT THAT EXPRESSLY STATES THAT THE LANDLORD WILL NOT
CONSIDER A PROSPECTIVE TENANT WHO HAS BEEN ARRESTED OR CONVICTED OF A
CRIME.
(B) A UNLESS REQUIRED BY FEDERAL LAW, A LANDLORD MAY NOT PUBLISH
OR DISTRIBUTE ANY STATEMENT, ADVERTISEMENT, PUBLICATION, OR SIGN, USE
ANY FORM OF LEASE APPLICATION, OR MAKE ANY INQUIRY IN CONNECTION WITH
THE PROSPECTIVE RENTAL, LEASE, OR SUBLEASE OF REAL PROPERTY THAT
EXPRESSES, DIRECTLY OR INDIRECTLY, A LIMITATION OR SPECIFICATION RELATING
TO CRIMINAL HISTORY RECORDS THAT IS INCONSISTENT WITH THE REQUIREMENTS
OF THIS SUBTITLE.
(C) UNLESS OTHERWISE REQUIRED BY LAW, A LANDLORD MAY NOT:
(1) DISTRIBUTE OR DISSEMINATE A PROSPECTIVE TENANT’S
CRIMINAL HISTORY RECORDS TO ANY PERSON WHO IS NOT EXPECTED TO USE THE
CRIMINAL HISTORY RECORDS FOR THE PURPOSE OF EVALUATING THE
PROSPECTIVE TENANT IN A MANNER CONSISTENT WITH THIS SUBTITLE; OR
(2) USE A PROSPECTIVE TENANT’S CRIMINAL HISTORY FOR A
PURPOSE THAT IS INCONSISTENT WITH THIS SUBTITLE.
8–2A–07. 8–2A–08.
A LANDLORD’S DECISION TO LEASE A RESIDENTIAL DWELLING UNIT TO AN
INDIVIDUAL WITH A CRIMINAL HISTORY, OR THE LANDLORD’S DECISION NOT TO
OBTAIN A CRIMINAL HISTORY RECORDS CHECK, MAY NOT BE THE BASIS FOR A CLAIM
AGAINST THE LANDLORD.
8–2A–08. 8–2A–09.
(A) THE OFFICE OF TENANT AND LANDLORD AFFAIRS IN THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL DEVELOP AND
PUBLISH ON THE OFFICE’S WEBSITE A MODEL NOTICE DOCUMENT FOR USE BY
LANDLORDS UNDER THIS SUBTITLE.
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Ch. 752 2026 LAWS OF MARYLAND
(B) THE MODEL NOTICE DESCRIBED IN SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE:
(1) LANGUAGE FOR USE BY A LANDLORD TO ADVISE A PROSPECTIVE
TENANT THAT THE LANDLORD HAS WITHDRAWN A CONDITIONAL OFFER OR TAKEN
AN ADVERSE HOUSING ACTION BASED ON THE PROSPECTIVE TENANT’S CRIMINAL
HISTORY; AND
(2) LANGUAGE NOTIFYING THE PROSPECTIVE TENANT OF:
(I) THE RIGHT OF THE PROSPECTIVE TENANT TO REQUEST A
COPY OF ALL INFORMATION ON WHICH THE LANDLORD RELIED IN REACHING A
DECISION, INCLUDING INFORMATION FROM CRIMINAL HISTORY RECORDS; AND
(II) THE PROSPECTIVE TENANT’S RIGHT TO FILE A COMPLAINT
UNDER § 13–401 OF THE COMMERCIAL LAW ARTICLE.
8–2A–09. 8–2A–10.
(A) THE OFFICE OF THE ATTORNEY GENERAL TENANT AND LANDLORD
AFFAIRS SHALL COLLECT AND MAINTAIN THE FOLLOWING DATA RELATING TO
COMPLAINTS FILED UNDER THIS SUBTITLE:
(1) THE NUMBER OF COMPLAINTS FILED;
(2) DEMOGRAPHIC INFORMATION REGARDING THE COMPLAINANTS,
INCLUDING SEX AND RACE;
(3) THE NAMES OF LANDLORDS SUBJECT TO A COMPLAINT;
(4) THE NUMBER OF INVESTIGATIONS CONDUCTED BY THE
ATTORNEY GENERAL; AND
(5) THE DISPOSITION OF EACH COMPLAINT.
(B) (1) THE ATTORNEY GENERAL OFFICE OF TENANT AND LANDLORD
AFFAIRS SHALL PUBLISH ANNUALLY AND POST ON THE ATTORNEY GENERAL’S
WEBSITE WEBSITE OF THE OFFICE OF TENANT AND LANDLORD AFFAIRS
INFORMATION ON SUBSTANTIATED COMPLAINTS THAT RESULTED IN THE
IMPOSITION OF A CIVIL PENALTY UNDER § 8–2A–10 8–2A–11 OF THIS SUBTITLE.
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WES MOORE, Governor Ch. 752
(2) THE ATTORNEY GENERAL OFFICE OF TENANT AND LANDLORD
AFFAIRS MAY NOT PUBLISH ANY IDENTIFYING INFORMATION ABOUT A LANDLORD
THAT IS THE SUBJECT OF A COMPLAINT IF THE LANDLORD IS IN GOOD FAITH
COMPLIANCE WITH REQUIREMENTS OF THIS SUBTITLE.
(3) THE INFORMATION PUBLISHED UNDER SUBSECTION (B)(1) OF
THIS SECTION MAY REMAIN ON THE WEBSITE OF THE OFFICE OF TENANT AND
LANDLORD AFFAIRS FOR UP TO 5 YEARS.
8–2A–10. 8–2A–11.
A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A CIVIL PENALTY
NOT EXCEEDING $500 FOR EACH VIOLATION.
(A) A VIOLATION OF THIS SUBTITLE:
(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND
(2) IS SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT § 13–411 OF
THE COMMERCIAL LAW ARTICLE.
(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A CIVIL
PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION.
8–2A–11. 8–2A–12. 8–2A–11.
THIS SUBTITLE SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW OR
ORDINANCE COMPARABLE IN SUBJECT MATTER TO THIS SUBTITLE.
8–2A–13. 8–2A–12.
THE ATTORNEY GENERAL DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 26, 2026.
– 11 –Every fact on this page links to its source, starting with the official bill record.