SB 335

WES MOORE, Governor  Ch. 773
Chapter 773
  (Senate Bill 335)
AN ACT concerning
   Human Relations – Discrimination in Housing – Income–Based Housing
  Subsidies
 Landlord and Tenant – Discrimination in Housing for Income–Based Housing
  Subsidies and Positive Rental History Reporting
FOR the purpose of providing that a certain landlord may not refuse to rent to a prospective
     tenant who pays rent with the assistance of an income–based housing subsidy under
     certain circumstances, subject to a certain exception; establishing that a violation of
     a provision of this Act is a discriminatory housing practice and is subject to
     enforcement by the Maryland Commission on Civil Rights; requiring that a certain
     landlord of residential real property offer a certain tenant the option of having
     positive rental payment history reported to a certain consumer reporting agency; and
     generally relating to housing discrimination and rental history reporting.
BY repealing and reenacting, without amendments,
      Article – State Government
      Section 20–701(a) and 20–1020(a)
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
      Article – State Government
      Section 20–701(c) and 20–1020(e)
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
BY adding to
     Article – State Government
     Section 20–705.1
     Annotated Code of Maryland
     (2021 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Real Property
     Section 8–208.4
     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:
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Ch. 773  2026 LAWS OF MARYLAND
  Article – State Government
20–701.
      (a)   In this subtitle the following words have the meanings indicated.
     (c)    “Discriminatory housing practice” means an act that is prohibited under §
20–705, § 20–705.1, § 20–706, § 20–707, or § 20–708 of this subtitle.
20–705.1.
      (A)   (1)   IN THIS SECTION, “INCOME–BASED HOUSING SUBSIDY” MEANS
RECURRING MONETARY ASSISTANCE TO A LANDLORD FROM A GOVERNMENTAL
ENTITY OR NONPROFIT ORGANIZATION THAT IS INTENDED TO DEFRAY, IN WHOLE
OR IN PART, A TENANT’S RENT OBLIGATION.
  (2)“INCOME–BASED HOUSING SUBSIDY” INCLUDES LOW–INCOME
HOUSING ASSISTANCE CERTIFICATES AND VOUCHERS ISSUED UNDER THE UNITED
STATES HOUSING ACT OF 1937.
      (B) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW, A LANDLORD OR OF
RESIDENTIAL RENTAL PROPERTY THAT USES FINANCIAL INFORMATION, INCLUDING
CREDIT HISTORY, AS PART OF A PROSPECTIVE TENANT’S RENTAL APPLICATION MAY
NOT REFUSE TO RENT TO A PROSPECTIVE TENANT WHO PAYS RENT WITH THE
ASSISTANCE OF AN INCOME–BASED HOUSING SUBSIDY ON THE BASIS OF:
  (1)   THE PROSPECTIVE TENANT’S INCOME;
  (2)   THE PROSPECTIVE TENANT’S CREDIT SCORE OR LACK OF CREDIT
SCORE; OR
  (3)  ANY ADVERSE CREDIT HISTORY THAT AROSE DURING A PERIOD
WHEN THE PROSPECTIVE TENANT DID NOT HAVE AN INCOME–BASED HOUSING
SUBSIDY, IF THE LANDLORD COULD REASONABLY HAVE KNOWN THE DATE ON WHICH
THE SUBSIDY WAS RECEIVED THE PERIOD DURING WHICH THE TENANT DID NOT
HAVE THE SUBSIDY IS CONFIRMED BY:
  (I)    THE APPLICANT;
  (II)   VOUCHER PAPERWORK;
  (III) DOCUMENTS PROVIDED BY A PUBLIC HOUSING AUTHORITY;
OR
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  WES MOORE, Governor  Ch. 773
  (IV)      A PUBLIC HOUSING AUTHORITY IN RESPONSE TO A REQUEST
BY THE LANDLORD.
      (C)   NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, A LANDLORD
MAY NOT REQUIRE THAT A PUBLIC HOUSING AUTHORITY VERIFY APPLICABLE DATES
FOR THE SUBSIDY FOR PURPOSES OF ASSESSING THE TENANT’S CREDIT HISTORY.
     (C) (D)   NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, A
LANDLORD THAT RECEIVES FUNDING FROM A GOVERNMENTAL ENTITY, A
QUASI–GOVERNMENTAL ENTITY, OR A NONPROFIT ORGANIZATION THAT REQUIRES
INCOME QUALIFICATION FOR TENANTS IN INCOME–RESTRICTED RENTAL UNITS MAY
COLLECT FINANCIAL INFORMATION FROM A PROSPECTIVE TENANT IF THE
COLLECTION OF FINANCIAL INFORMATION IS A CONDITION OF THE FUNDING.
     (E) NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, A LANDLORD OF
RESIDENTIAL RENTAL PROPERTY MAY REQUIRE VERIFICATION THAT A TENANT HAS
SUFFICIENT INCOME TO PAY THE PORTION OF RENT AND UTILITIES NOT COVERED
BY THE INCOME–BASED HOUSING SUBSIDY USING AN INCOME TO TENANT’S PORTION
OF RENT RATIO THAT IS SUBSTANTIALLY EQUIVALENT TO THE RATIO USED BY THE
LANDLORD FOR NONSUBSIDIZED TENANTS.
      (F)   A LANDLORD OR OF RESIDENTIAL RENTAL PROPERTY MAY REFUSE TO
RENT TO A PROSPECTIVE TENANT WHO PAYS RENT WITH THE ASSISTANCE OF AN
INCOME–BASED HOUSING SUBSIDY ON THE BASIS OF ANY COMMERCIALLY
REASONABLE AND NONDISCRIMINATORY USE OF:
  (1)   A REFERENCE FROM A PREVIOUS OR CURRENT LANDLORD OF THE
TENANT; OR
  (2) THE TENANT’S HISTORY OF VIOLATING A LEASE, FAILING TO PAY
UTILITIES, CREATING A NUISANCE, OR DAMAGING PROPERTY.
20–1020.
      (a)   In this part the following words have the meanings indicated.
     (e)    “Discriminatory housing practice” means an act that is prohibited under §
20–705, § 20–705.1, § 20–706, § 20–707, or § 20–708 of this title.
  Article – Real Property
8–208.4.
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Ch. 773  2026 LAWS OF MARYLAND
     (A)     (1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
  (2) “CONSUMER REPORTING AGENCY” MEANS ANY PERSON OR
ENTITY THAT, FOR MONETARY FEES OR DUES OR ON A COOPERATIVE NONPROFIT
BASIS, REGULARLY ENGAGES, IN WHOLE OR IN PART, IN THE PRACTICE OF
ASSEMBLING OR EVALUATING CONSUMER CREDIT INFORMATION OR OTHER
INFORMATION ON CONSUMERS FOR THE PURPOSE OF FURNISHING CONSUMER
CREDIT REPORTS TO THIRD PARTIES.
  (3)   (I)    “POSITIVE
  RENTAL   PAYMENT    HISTORY”  MEANS
INFORMATION REGARDING A TENANT’S COMPLETE AND TIMELY PAYMENTS OF
RENT.
  (II)   “POSITIVE
  RENTAL PAYMENT HISTORY” DOES NOT
INCLUDE AN INSTANCE IN WHICH A TENANT DID NOT COMPLETELY OR TIMELY MAKE
A RENTAL PAYMENT.
        (4) “SECRETARY” MEANS THE SECRETARY OF HOUSING AND
COMMUNITY DEVELOPMENT.
     (B)  THIS SECTION APPLIES ONLY TO A LANDLORD THAT OWNS SIX OR MORE
RESIDENTIAL RENTAL UNITS IN THE STATE.
     (C )A LANDLORD WHO THAT OFFERS A RESIDENTIAL DWELLING UNIT FOR
RENT SHALL INCLUDE IN A WRITTEN LEASE THE OPTION TO HAVE THE TENANT’S
POSITIVE RENTAL PAYMENT HISTORY REPORTED TO AT LEAST ONE CONSUMER
REPORTING AGENCY.
     (C) (D)       (1)    FOR A LEASE ENTERED INTO ON OR AFTER OCTOBER 1,
2026, THE OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING SHALL BE
MADE AT THE TIME OF THE LEASE AGREEMENT AND AT LEAST ONCE ANNUALLY
THEREAFTER.
  (2)   (I)    FOR LEASES ENTERED INTO BEFORE OCTOBER 1, 2026, THE
OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING SHALL BE MADE NOT
LATER THAN JANUARY 1, 2027, AND AT LEAST ONCE ANNUALLY THEREAFTER.
  (II)
  A LANDLORD SHALL DELIVER THE OFFER OF POSITIVE
RENTAL PAYMENT HISTORY REPORTING TO THE TENANT BY:
  1.     FIRST–CLASS MAIL WITH A CERTIFICATE OF MAILING;
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  WES MOORE, Governor  Ch. 773
  2.
  A DELIVERY  SERVICE    PROVIDING      DELIVERY
TRACKING AND CONFIRMATION; OR
  3.   ELECTRONIC
  DELIVERY, IF THE TENANT  HAS
ELECTED TO RECEIVE NOTICES FROM THE LANDLORD IN THIS MANNER.
     (D) (E)    THE OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING
SHALL BE IN THE FORM SPECIFIED IN REGULATIONS ADOPTED BY THE SECRETARY
UNDER SUBSECTION (I) (J) OF THIS SECTION AND INCLUDE:
  (1)A STATEMENT THAT REPORTING OF THE TENANT’S POSITIVE
RENTAL PAYMENT HISTORY IS OPTIONAL;
  (2) THE NAME OF EACH CONSUMER REPORTING AGENCY TO WHICH
POSITIVE RENTAL PAYMENT HISTORY WILL BE REPORTED;
  (3)     THE AMOUNT OF ANY FEE CHARGED UNDER SUBSECTION (G) (H)
OF THIS SECTION;
  (4) INSTRUCTIONS ON HOW TO SUBMIT THE WRITTEN ELECTION OF
POSITIVE RENTAL PAYMENT HISTORY REPORTING TO THE LANDLORD;
  (5)     A STATEMENT THAT THE TENANT MAY OPT INTO POSITIVE
RENTAL PAYMENT HISTORY REPORTING AT ANY TIME FOLLOWING THE INITIAL
OFFER BY THE LANDLORD;
  (6)A STATEMENT THAT THE TENANT MAY ELECT TO STOP POSITIVE
RENTAL PAYMENT HISTORY REPORTING AT ANY TIME, BUT THAT THE TENANT WILL
NOT BE ABLE TO RESUME POSITIVE RENTAL PAYMENT HISTORY REPORTING FOR AT
LEAST 6 MONTHS AFTER AN ELECTION TO OPT OUT;
  (7)INSTRUCTIONS ON HOW TO OPT OUT OF POSITIVE RENTAL
PAYMENT HISTORY REPORTING; AND
  (8)     A SIGNATURE BLOCK THAT THE TENANT SHALL DATE AND SIGN IN
ORDER TO ACCEPT        THE   OFFER   OF   POSITIVE   RENTAL   PAYMENT    HISTORY
REPORTING.
     (E) (F)   IF THE OFFER OF POSITIVE RENTAL PAYMENT HISTORY
REPORTING IS MADE BY FIRST–CLASS MAIL, THE LANDLORD SHALL PROVIDE THE
TENANT WITH A SELF–ADDRESSED, STAMPED ENVELOPE TO RETURN THE WRITTEN
ELECTION OF POSITIVE RENTAL PAYMENT HISTORY REPORTING.
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Ch. 773  2026 LAWS OF MARYLAND
     (F) (G)  (1)    A TENANT MAY SUBMIT THE TENANT’S COMPLETED
WRITTEN ELECTION AT ANY TIME AFTER THE TENANT RECEIVES THE OFFER OF
POSITIVE RENTAL PAYMENT HISTORY REPORTING FROM THE LANDLORD.
  (2)   (I)    A TENANT MAY REQUEST ADDITIONAL COPIES OF THE
WRITTEN ELECTION OF POSITIVE RENTAL PAYMENT HISTORY REPORTING FROM
THE LANDLORD AT ANY TIME.
  (II) A LANDLORD THAT RECEIVES A REQUEST FROM A TENANT
PURSUANT TO THIS PARAGRAPH SHALL COMPLY WITH THE REQUEST.
     (G) (H)  (1)    IF A TENANT ELECTS TO HAVE POSITIVE RENTAL PAYMENT
HISTORY REPORTED TO A CONSUMER REPORTING AGENCY THE LANDLORD MAY
REQUIRE THAT THE TENANT PAY A FEE NOT TO EXCEED THE LESSER OF THE ACTUAL
COST TO THE LANDLORD TO PROVIDE THE SERVICE OR $10 PER MONTH.
  (2)   (I)
  THE PAYMENT OR NONPAYMENT OF A FEE UNDER THIS
SUBSECTION MAY NOT BE REPORTED TO A CONSUMER REPORTING AGENCY.
  (II)   A FEE COLLECTED UNDER THIS SUBSECTION IS NOT RENT
AND MAY NOT BE CREDITED TOWARDS FULL OR PARTIAL SATISFACTION OF RENT OR
ANY OTHER OBLIGATION UNDER THE LEASE.
  (III) IF A TENANT FAILS TO PAY ANY FEE REQUIRED BY THE
LANDLORD UNDER THIS SUBSECTION FOR 30 DAYS OR MORE:
  1.     THE LANDLORD MAY STOP REPORTING THE TENANT’S
RENTAL PAYMENTS; AND
  2.
  THE TENANT MAY NOT ELECT POSITIVE RENTAL
PAYMENT HISTORY REPORTING FOR A PERIOD OF AT LEAST 6 MONTHS AFTER THE
DATE ON WHICH THE FEE FIRST BECAME DUE.
     (H) (I)  (1)
  A LANDLORD SHALL STOP REPORTING POSITIVE RENTAL
PAYMENT HISTORY ON WRITTEN REQUEST BY A TENANT.
  (2) A TENANT WHO ELECTS TO HAVE REPORTING STOPPED MAY NOT
ELECT POSITIVE RENTAL PAYMENT HISTORY REPORTING AGAIN FOR A PERIOD OF
AT LEAST 6 MONTHS AFTER THE DATE OF THE TENANT’S WRITTEN REQUEST TO HAVE
REPORTING STOPPED.
     (I) (J)  THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT
THIS SECTION.
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  WES MOORE, Governor  Ch. 773
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 26, 2026.
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