HB 1073

HOUSE BILL 1073
     N1, I3  6lr2433
     SB 514/25 – JPR
     By: Delegate Lewis
     Introduced and read first time: February 10, 2026
     Assigned to: Economic Matters
  A BILL ENTITLED
1 AN ACT concerning
2    Landlord and Tenant – Residential Leases – Prospective Tenant Criminal
3History Records Check
4(Maryland Fair Chance Housing Act)
5 FOR the purpose of prohibiting a landlord from requiring or requesting from a prospective
6      tenant certain information relating to criminal history and prohibiting a landlord
7      from considering certain information when evaluating the prospective tenant;
8      permitting a landlord to consider certain criminal history information prior to
9      extending a conditional offer to a prospective tenant and requiring the landlord to
10      consider certain information provided by a prospective tenant relating to a criminal
11      history records check; authorizing a landlord to consider certain criminal convictions
12      only after extending a conditional offer to a prospective tenant and authorizing a
13      landlord to withdraw a conditional offer under certain circumstances; prohibiting a
14      landlord from publishing certain housing advertisements; establishing that the lease
15      of residential property to an individual with a criminal record or the decision of a
16      landlord not to conduct a criminal history records check is not the basis of a claim
17      against a landlord; requiring the Office of Tenant and Landlord Affairs in the
18      Department of Housing and Community Development to develop and publish a
19      certain model document; requiring the Office of Tenant and Landlord Affairs to
20      collect and maintain certain data and publish certain information relating to
21      collected data annually on the Office of Tenant and Landlord Affairs’ website;
22      making a violation of this Act an unfair, abusive, or deceptive trade practice subject
23      to enforcement and certain penalties under the Maryland Consumer Protection Act;
24      and generally relating to the use of criminal history records checks in residential
25      leasing.
26 BY repealing and reenacting, with amendments,
27Article – Commercial Law
28Section 13–301(14)(xlvii)
29Annotated Code of Maryland
30(2025 Replacement Volume)
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb1073*
2HOUSE BILL 1073
1 BY repealing and reenacting, without amendments,
2Article – Commercial Law
3Section 13–301(14)(xlviii)
4Annotated Code of Maryland
5(2025 Replacement Volume)
6 BY adding to
7      Article – Commercial Law
8      Section 13–301(14)(xlix)
9      Annotated Code of Maryland
10      (2025 Replacement Volume)
11 BY repealing and reenacting, without amendments,
12Article – Real Property
13Section 8–218(a)
14Annotated Code of Maryland
15(2023 Replacement Volume and 2025 Supplement)
16 BY repealing and reenacting, with amendments,
17Article – Real Property
18Section 8–218(b)
19Annotated Code of Maryland
20(2023 Replacement Volume and 2025 Supplement)
21 BY adding to
22      Article – Real Property
23      Section 8–2A–01 through 8–2A–11 to be under the new subtitle “Subtitle 2A.
24Discriminatory Use of Criminal History in Residential Leasing”
25      Annotated Code of Maryland
26      (2023 Replacement Volume and 2025 Supplement)
27SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28 That the Laws of Maryland read as follows:
29Article – Commercial Law
30 13–301.
31Unfair, abusive, or deceptive trade practices include any:
32(14)   Violation of a provision of:
33(xlvii)      Title 14, Subtitle 50 of this article; [or]
34(xlviii)     Section 13–411.1(c)(2) of the Transportation Article; or
  HOUSE BILL 1073  3
1(XLIX)       TITLE 8, SUBTITLE 2A OF THE REAL PROPERTY
2 ARTICLE; OR
3Article – Real Property
4 8–218.
5(a)   In this section, “reusable tenant screening report” means a report prepared
6 within the previous 30 days by a consumer reporting agency at the request and expense of
7 a prospective tenant and made directly available to a prospective landlord at no charge for
8 use in the rental application process.
9(b)    A reusable tenant screening report shall contain the following information
10 regarding a prospective tenant:
11(1)   A credit report;
12(2)   For each jurisdiction indicated as a prior residence of the prospective
13 tenant, regardless of whether the residence is reported by the prospective tenant or by a
14 consumer reporting agency preparing a consumer report:
15(i)    [A] SUBJECT TO SUBTITLE 2A OF THIS TITLE, A
16 comprehensive criminal history records check for all federal, state, and local charges
17 against and convictions of the prospective tenant over the previous [7] 3 years; and
18(ii)   A comprehensive eviction history for all state and local
19 jurisdictions for the previous 7 years;
20(3)   Verification of employment and income; and
21(4)   Current address and rental history.
22   SUBTITLE 2A. DISCRIMINATORY USE OF CRIMINAL HISTORY IN RESIDENTIAL
23LEASING.
24 8–2A–01.
25(A)    IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
26 INDICATED.
27(B)    “CONDITIONAL OFFER” MEANS AN OFFER TO LEASE A RESIDENTIAL
28 PROPERTY TO A PROSPECTIVE TENANT THAT IS CONTINGENT ON A SUBSEQUENT
29 INQUIRY INTO THE PROSPECTIVE TENANT’S CRIMINAL HISTORY.
30      (C) “CRIMINAL HISTORY RECORDS” HAS THE MEANING STATED IN § 10–239
31 OF THE CRIMINAL PROCEDURE ARTICLE.
4HOUSE BILL 1073
1 8–2A–02.
2     A LANDLORD THAT CONDUCTS A CRIMINAL HISTORY RECORDS CHECK IN
3 ACCORDANCE WITH THIS SUBTITLE SHALL DO SO FOR EVERY PROSPECTIVE TENANT.
4 8–2A–03.
5      (A)   A LANDLORD MAY NOT:
6(1)   REQUIRE A PROSPECTIVE TENANT TO SUBMIT TO A DRUG OR
7 ALCOHOL TEST; OR
8(2)   REQUEST OR REQUIRE A PROSPECTIVE TENANT TO CONSENT TO
9 THE RELEASE OF INFORMATION ABOUT THE PROSPECTIVE TENANT FROM A
10 PROGRAM FOR THE PREVENTION AND TREATMENT OF SUBSTANCE USE DISORDERS.
11      (B)  BEFORE ACCEPTING AN APPLICATION FEE, A LANDLORD SHALL
12 PROVIDE IN WRITING TO A PROSPECTIVE TENANT:
13(1) NOTICE REGARDING THE USE OF A CRIMINAL HISTORY RECORDS
14 CHECK IN DETERMINING ELIGIBILITY FOR LEASING, INCLUDING A STATEMENT THAT
15 CONVICTION FOR A CRIME LISTED IN § 8–2A–05 OF THIS SUBTITLE MAY BE
16 CONSIDERED BY THE LANDLORD ONLY AFTER THE EXTENSION OF A CONDITIONAL
17 OFFER; AND
18(2)INFORMATION ON THE ABILITY OF THE PROSPECTIVE TENANT, IN
19 RESPONSE TO A CRIMINAL HISTORY RECORDS CHECK, TO PROVIDE EVIDENCE
20 DEMONSTRATING:
21(I)    INACCURACIES IN THE TENANT’S CRIMINAL HISTORY
22 RECORDS;
23(II)   EVIDENCE OF REHABILITATION; AND
24(III) MITIGATING FACTORS.
25      (C)  A LANDLORD SHALL NOTIFY A PROSPECTIVE TENANT THAT AN
26 INDIVIDUALIZED ASSESSMENT WILL BE CONDUCTED.
27 8–2A–04.
  HOUSE BILL 1073  5
1      (A)   (1)EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
2 BEFORE EXTENDING A CONDITIONAL OFFER TO A PROSPECTIVE TENANT, A
3 LANDLORD MAY NOT:
4(I)    REQUEST OR REQUIRE THE PROSPECTIVE TENANT TO
5 DISCLOSE IN A HOUSING APPLICATION WHETHER THE PROSPECTIVE TENANT HAS A
6 CRIMINAL HISTORY OR HAS BEEN ACCUSED OF OR CHARGED WITH ANY CRIMES; OR
7(II)MAKE AN ORAL OR WRITTEN INQUIRY REGARDING THE
8 CRIMINAL HISTORY OF THE PROSPECTIVE TENANT.
9(2) A LANDLORD MAY REQUIRE INFORMATION REGARDING WHETHER
10 A PROSPECTIVE TENANT:
11(I)    HAS BEEN CONVICTED OF:
121.   FOR A POTENTIAL TENANCY IN FEDERALLY ASSISTED
13 HOUSING, MANUFACTURING METHAMPHETAMINE ON THE PREMISES OF FEDERALLY
14 ASSISTED HOUSING;
152.
  A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF
16 THE CRIMINAL LAW ARTICLE;
173.        CHILD PORNOGRAPHY UNDER § 11–207 OF THE
18 CRIMINAL LAW ARTICLE;
194.
  IF THE CONVICTION OCCURRED WITHIN 10 YEARS
20 IMMEDIATELY PRECEDING THE RENTAL APPLICATION:
21A.
  MURDER IN THE FIRST DEGREE UNDER § 2–201 OF
22 THE CRIMINAL LAW ARTICLE; OR
23B.
  MURDER IN THE SECOND DEGREE UNDER § 2–204 OF
24 THE CRIMINAL LAW ARTICLE; OR
255.    HUMAN TRAFFICKING UNDER § 3–1102 OF THE
26 CRIMINAL LAW ARTICLE; OR
27(II) IS SUBJECT TO A LIFETIME REGISTRATION REQUIREMENT
28 UNDER A STATE SEX OFFENDER REGISTRATION PROGRAM.
6HOUSE BILL 1073
1      (B) IN RESPONSE TO THE RESULTS OF A CRIMINAL HISTORY RECORDS
2 CHECK, A PROSPECTIVE TENANT MAY PROVIDE, AND A LANDLORD SHALL CONSIDER,
3 EVIDENCE DEMONSTRATING:
4(1)INACCURACIES IN THE PROSPECTIVE TENANT’S CRIMINAL
5 HISTORY RECORDS;
6(2)   EVIDENCE OF REHABILITATION; AND
7(3)   ANY OTHER MITIGATING FACTORS.
8 8–2A–05.
9     (A) AFTER THE EXTENSION OF A CONDITIONAL OFFER TO A PROSPECTIVE
10 TENANT, A LANDLORD MAY CONSIDER ONLY THE FOLLOWING CONVICTIONS AS
11 POTENTIAL GROUNDS FOR WITHDRAWAL OF THE OFFER:
12(1)     MURDER IN THE FIRST DEGREE UNDER § 2–201 OF THE CRIMINAL
13 LAW ARTICLE;
14(2)   HUMAN TRAFFICKING UNDER § 3–1102 OF THE CRIMINAL LAW
15 ARTICLE;
16(3) ANY CRIME RESULTING IN LIFETIME REGISTRATION IN A STATE
17 SEX OFFENDER REGISTRY;
18(4) A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE
19 CRIMINAL LAW ARTICLE;
20(5)   CHILD PORNOGRAPHY UNDER § 11–207 OF THE CRIMINAL LAW
21 ARTICLE; AND
22(6) IF THE CONVICTION OCCURRED WITHIN 3 YEARS IMMEDIATELY
23 PRECEDING THE CONDITIONAL OFFER:
24(I)    KIDNAPPING UNDER § 3–502 OF THE CRIMINAL LAW
25 ARTICLE;
26(II)   ARSON UNDER §§ 6–102 AND 6–103 OF THE CRIMINAL LAW
27 ARTICLE;
28(III) ASSAULT IN THE FIRST DEGREE UNDER § 3–202 OF THE
29 CRIMINAL LAW ARTICLE;
  HOUSE BILL 1073  7
1(IV)
  BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF THE
2 CRIMINAL LAW ARTICLE;
3(V)  MANUFACTURING A CONTROLLED DANGEROUS SUBSTANCE
4 UNDER § 5–612 OF THE CRIMINAL LAW ARTICLE; AND
5(VI)   FELONY FRAUD.
6     (B)  A LANDLORD MAY WITHDRAW A CONDITIONAL OFFER BASED ON A
7 PROSPECTIVE TENANT’S CRIMINAL HISTORY RECORDS CHECK ONLY IF THE
8 LANDLORD DETERMINES THAT THE WITHDRAWAL IS NECESSARY TO FULFILL A
9 SUBSTANTIAL, LEGITIMATE, AND NONDISCRIMINATORY INTEREST.
10     (C)   IF A LANDLORD WITHDRAWS A CONDITIONAL OFFER, THE LANDLORD
11 SHALL PROVIDE THE PROSPECTIVE TENANT WITH WRITTEN NOTICE OF THE
12 WITHDRAWAL THAT INCLUDES:
13(1)   A SPECIFIC REASON FOR THE WITHDRAWAL OF THE CONDITIONAL
14 OFFER; AND
15(2)   A STATEMENT THAT THE PROSPECTIVE TENANT MAY REQUEST A
16 REASSESSMENT OF THE WITHDRAWAL BY PROVIDING EVIDENCE TO THE LANDLORD
17 DEMONSTRATING:
18(I)      INACCURACIES IN THE PROSPECTIVE TENANT’S CRIMINAL
19 HISTORY RECORDS;
20(II)   EVIDENCE OF REHABILITATION; OR
21(III) ANY OTHER MITIGATING FACTORS.
22     (D)   A REASSESSMENT OF THE APPLICATION BY THE LANDLORD FOLLOWING
23 A REQUEST FOR REASSESSMENT BY THE PROSPECTIVE TENANT SHALL CONSIDER
24 THE FOLLOWING FACTORS:
25(1)   THE NATURE AND SEVERITY OF THE CRIMINAL OFFENSE;
26(2) THE AGE OF THE PROSPECTIVE TENANT AT THE TIME OF THE
27 OCCURRENCE OF THE CRIMINAL OFFENSE;
28(3) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE
29 OCCURRENCE OF THE CRIMINAL OFFENSE;
8HOUSE BILL 1073
1(4)ANY INFORMATION PRODUCED BY THE PROSPECTIVE TENANT, OR
2 PRODUCED ON THE PROSPECTIVE TENANT’S BEHALF, REGARDING REHABILITATION
3 AND GOOD CONDUCT SINCE THE CRIMINAL OFFENSE;
4(5) THE DEGREE TO WHICH THE CRIMINAL OFFENSE, IF IT
5 REOCCURRED, WOULD NEGATIVELY IMPACT THE SAFETY OF OTHER TENANTS OR
6 THE PROPERTY; AND
7(6)   WHETHER THE CRIMINAL OFFENSE OCCURRED ON  THE
8 PROPERTY THAT WAS RENTED OR LEASED BY THE PROSPECTIVE TENANT.
9      (E)   (1)   WITHIN   30
  DAYS AFTER THE LANDLORD’S NOTICE OF
10 WITHDRAWAL OF THE CONDITIONAL OFFER, THE PROSPECTIVE TENANT MAY
11 REQUEST THAT THE LANDLORD PROVIDE A COPY OF ALL INFORMATION THAT THE
12 LANDLORD RELIED ON IN CONSIDERING THE PROSPECTIVE TENANT, INCLUDING
13 CRIMINAL HISTORY RECORDS.
14(2)  WITHIN 10 DAYS AFTER RECEIPT OF A TIMELY REQUEST, THE
15 LANDLORD SHALL PROVIDE THE INFORMATION REQUESTED UNDER PARAGRAPH (1)
16 OF THIS SUBSECTION.
17 8–2A–06.
18      (A)   A LANDLORD MAY NOT KNOWINGLY OR INTENTIONALLY PUBLISH OR
19 CAUSE TO BE PUBLISHED ANY ADVERTISEMENT THAT EXPRESSLY STATES THAT THE
20 LANDLORD WILL NOT CONSIDER A PROSPECTIVE TENANT WHO HAS BEEN ARRESTED
21 OR CONVICTED OF A CRIME.
22      (B)  A LANDLORD MAY NOT PUBLISH OR DISTRIBUTE ANY STATEMENT,
23 ADVERTISEMENT, PUBLICATION, OR SIGN, USE ANY FORM OF LEASE APPLICATION,
24 OR MAKE ANY INQUIRY IN CONNECTION WITH THE PROSPECTIVE RENTAL, LEASE, OR
25 SUBLEASE OF REAL PROPERTY THAT EXPRESSES, DIRECTLY OR INDIRECTLY, A
26 LIMITATION OR SPECIFICATION RELATING TO CRIMINAL HISTORY RECORDS THAT IS
27 INCONSISTENT WITH THE REQUIREMENTS OF THIS SUBTITLE.
28      (C)   UNLESS OTHERWISE REQUIRED BY LAW, A LANDLORD MAY NOT:
29(1) DISTRIBUTE OR DISSEMINATE A PROSPECTIVE TENANT’S
30 CRIMINAL HISTORY RECORDS TO ANY PERSON WHO IS NOT EXPECTED TO USE THE
31 CRIMINAL HISTORY RECORDS FOR THE PURPOSE OF EVALUATING THE
32 PROSPECTIVE TENANT IN A MANNER CONSISTENT WITH THIS SUBTITLE; OR
  HOUSE BILL 1073  9
1(2) USE A PROSPECTIVE TENANT’S CRIMINAL HISTORY FOR A
2 PURPOSE THAT IS INCONSISTENT WITH THIS SUBTITLE.
3 8–2A–07.
4      A LANDLORD’S DECISION TO LEASE A RESIDENTIAL DWELLING UNIT TO AN
5 INDIVIDUAL WITH A CRIMINAL HISTORY, OR THE LANDLORD’S DECISION NOT TO
6 OBTAIN A CRIMINAL HISTORY RECORDS CHECK, MAY NOT BE THE BASIS FOR A CLAIM
7 AGAINST THE LANDLORD.
8 8–2A–08.
9      (A) THE OFFICE OF TENANT AND LANDLORD AFFAIRS IN THE
10 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL DEVELOP AND
11 PUBLISH ON THE OFFICE’S WEBSITE A MODEL NOTICE DOCUMENT FOR USE BY
12 LANDLORDS UNDER THIS SUBTITLE.
13      (B)  THE MODEL NOTICE DESCRIBED IN SUBSECTION (A) OF THIS SECTION
14 SHALL INCLUDE:
15(1)   LANGUAGE FOR USE BY A LANDLORD TO ADVISE A PROSPECTIVE
16 TENANT THAT THE LANDLORD HAS WITHDRAWN A CONDITIONAL OFFER OR TAKEN
17 AN ADVERSE HOUSING ACTION BASED ON THE PROSPECTIVE TENANT’S CRIMINAL
18 HISTORY; AND
19(2)   LANGUAGE NOTIFYING THE PROSPECTIVE TENANT OF:
20(I)    THE RIGHT OF THE PROSPECTIVE TENANT TO REQUEST A
21 COPY OF ALL INFORMATION ON WHICH THE LANDLORD RELIED IN REACHING A
22 DECISION, INCLUDING INFORMATION FROM CRIMINAL HISTORY RECORDS; AND
23(II)THE PROSPECTIVE TENANT’S RIGHT TO FILE A COMPLAINT
24 UNDER § 13–401 OF THE COMMERCIAL LAW ARTICLE.
25 8–2A–09.
26      (A)   THE OFFICE OF TENANT AND LANDLORD AFFAIRS SHALL COLLECT AND
27 MAINTAIN THE FOLLOWING DATA RELATING TO COMPLAINTS FILED UNDER THIS
28 SUBTITLE:
29(1)   THE NUMBER OF COMPLAINTS FILED;
10HOUSE BILL 1073
1(2) DEMOGRAPHIC INFORMATION REGARDING THE COMPLAINANTS,
2 INCLUDING SEX AND RACE;
3(3)   THE NAMES OF LANDLORDS SUBJECT TO A COMPLAINT;
4(4) THE NUMBER OF COMPLAINT INVESTIGATIONS CONDUCTED BY
5 THE OFFICE OF TENANT AND LANDLORD AFFAIRS; AND
6(5)   THE DISPOSITION OF EACH COMPLAINT.
7      (B)   (1)  THE OFFICE OF TENANT AND LANDLORD AFFAIRS SHALL
8 PUBLISH ANNUALLY AND POST ON THE OFFICE OF TENANT AND LANDLORD
9 AFFAIRS’ WEBSITE INFORMATION ON SUBSTANTIATED COMPLAINTS THAT
10 RESULTED    IN   THE   IMPOSITION OF A  CIVIL PENALTY UNDER   §
11 8–2A–10 OF THIS SUBTITLE.
12(2) THE OFFICE OF TENANT AND LANDLORD AFFAIRS MAY NOT
13 PUBLISH ANY IDENTIFYING INFORMATION ABOUT A LANDLORD THAT IS THE
14 SUBJECT OF A COMPLAINT IF THE LANDLORD IS IN GOOD FAITH COMPLIANCE WITH
15 REQUIREMENTS OF THIS SUBTITLE.
16 8–2A–10.
17      (A)   A VIOLATION OF THIS SUBTITLE:
18(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN
19 THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND
20(2) IS SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS
21 CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT § 13–411 OF
22 THE COMMERCIAL LAW ARTICLE.
23      (B)  A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A CIVIL
24 PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION.
25 8–2A–11.
26     THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL
27 ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.
28SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
29 October 1, 2026.