Landlord and Tenant - Residential Housing - Rental Applications and Tenant Screening

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0313*

HOUSE BILL 313
N1, I3 6lr0819

By: Delegate Stewart
Introduced and read first time: January 15, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2026

CHAPTER ______

AN ACT concerning 1

Landlord and Tenant – Residential Housing – Rental Applications and Tenant 2
Screening 3

FOR the purpose of prohibiting a landlord from collecting an application fee or a screening 4
fee from a potential tenant under certain circumstances; requiring a landlord to 5
provide certain notice and documentation to a prospective tenant under certain 6
circumstances; providing that a prospective tenant shall be allowed to dispute and 7
provide evidence regarding certain information contained in a tenant screening 8
report; prohibiting a landlord from taking certain actions relating to a certain court 9
proceeding and record; establishing that a landlord is not liable for certain 10
information included in a tenant screening report under certain circumstances and 11
requiring a landlord to report certain information to a person that produces tenant 12
screening reports; establishing certain requirements for a person that produces 13
tenant screening reports; making a violation of this Act an unfair, abusive, or 14
deceptive trade practice subject to enforcement and certain penalties under the 15
Maryland Consumer Protection Act; and generally relating to rental applications 16
and prospective tenant screening. 17

BY repealing and reenacting, with amendments, 18
Article – Commercial Law 19
Section 13–301(14)(xlvii) 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22

BY repealing and reenacting, without amendments, 23
2 HOUSE BILL 313

Article – Commercial Law 1
Section 13–301(14)(xlviii) 2
Annotated Code of Maryland 3
(2025 Replacement Volume) 4

BY adding to 5
Article – Commercial Law 6
Section 13–301(14)(xlix) 7
Annotated Code of Maryland 8
(2025 Replacement Volume) 9

BY adding to 10
Article – Real Property 11
Section 8–222 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Commercial Law 17

13–301. 18

Unfair, abusive, or deceptive trade practices include any: 19

(14) Violation of a provision of: 20

(xlvii) Title 14, Subtitle 50 of this article; [or] 21

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 22

(XLIX) SECTION 8–222 OF THE REAL PROPERTY ARTICLE; 23
OR 24

Article – Real Property 25

8–222. 26

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28

(2) “ADVERSE ACTION” MEANS: 29

(I) DENIAL OF A PROSPECTI VE TENANT ’S RENTAL 30
APPLICATION; 31
HOUSE BILL 313 3

(II) CONDITIONAL ACCEPTANCE OF A PROSPECTIVE T ENANT’S 1
RENTAL APPLICATION; OR 2

(III) PLACEMENT OF A PROSPE CTIVE TENANT ON A WA ITING 3
LIST BECAUSE OF SCREENING CRITERIA. 4

(3) (I) “CONDITIONAL ACCEPTANCE” MEANS THE ACCEPTANCE OF 5
A PROSPECTIVE TENANT ’S APPLICATION CONTIN GENT ON A SUBSEQUENT ACTION 6
OR CONDITION. 7

(II) “CONDITIONAL ACCEPTANCE” INCLUDES: 8

1. SUBJECTING A PROSPECT IVE TENANT TO AN 9
INCREASED RENTAL RATE; 10

2. REQUIRING AN INCREASED SECURITY DEPOSIT; AND 11

3. REQUIRING A COSIGNATURE. 12

(4) “OUTCOME” INCLUDES A CASE: 13

(I) THAT WAS DISMISSED; 14

(II) THAT WAS CANCELED; 15

(III) THAT WAS REDEEMED; OR 16

(IV) WHERE THE TENANT PREVAILED. 17

(5) (I) “PROCEEDING” MEANS A FAILURE TO P AY RENT 18
PROCEEDING INITIATED BY A LANDLORD UNDER § 8–401 OF THIS TITLE NOT 19
RESULTING IN A JUDGMENT OF POSSESSION IN FAVOR OF THE LANDLORD. 20

(II) “PROCEEDING” INCLUDES THE FILING OF A PETITION BY A 21
LANDLORD FOR THE FAILURE OF A TENANT TO PAY RENT REGARDLESS OF WHETHER 22
A HEARING IS HELD BY THE COURT. 23

(5) (6) (I) “RECORD” HAS THE MEANING STAT ED IN § 8–502(A) 24
OF THIS TITLE MEANS AN OFFICIAL RE CORD OF AN ACTIVE , PENDING, OR FINAL 25
COURT PROCEEDING KEP T BY THE CLERK OF TH E COURT OR OTHER COU RT 26
PERSONNEL. 27

(II) “RECORD” INCLUDES: 28
4 HOUSE BILL 313

1. AN INDEX , A DOCKET ENTRY , A PETITION , A 1
MEMORANDUM, A TRANSCRIPTION OF PROCEEDINGS, AN ELECTRONIC RECORDING, 2
AN ORDER, AND A JUDGMENT; AND 3

2. ANY ELECTRONIC INFORM ATION ABOUT A 4
PROCEEDING ON A WEBSITE MAINTAINED BY THE MARYLAND JUDICIARY. 5

(6) (7) (I) “SHIELDED RECORD” MEANS A RECORD PROTE CTED 6
FROM PUBLIC INSPECTION UNDER § 8–502 OR § 8–503 OF THIS TITLE OR THAT THE 7
COURT HAS OTHERWISE SEALED OR ORDERED INACCESSIBLE TO MEMBERS OF THE 8
PUBLIC. 9

(II) “SHIELDED RECORD ” INCLUDES A RECORD SH IELDED, 10
SUPPRESSED, OR SEALED IN ANOTHER JURISDICTION UNDER P ROVISIONS 11
EQUIVALENT TO THOSE OF THE STATE. 12

(7) (8) “TENANT SCREENING REPO RT” MEANS ANY CONSUMER 13
REPORT, TENANT SCREENING SERVICE PRODUCT, OR SIMILAR INFORMATION USED 14
BY A LANDLORD TO EVALUATE A RENTAL APPLICATION. 15

(B) (1) A LANDLORD MAY NOT COL LECT AN APPLICATION FEE OR 16
SCREENING FEE FOR A RENTAL UNIT UNLESS THE RENTAL UNIT: 17

(I) IS AVAILABLE FOR LEASE; OR 18

(II) WILL BECOME AVAILABLE FOR LEASE WITHIN 30 DAYS 19
AFTER THE LANDLORD RECEIVES THE APPLICATION. 20

(2) BEFORE ACCEPTING AN APPLICATION FEE OR A SCREENING FEE, 21
A LANDLORD SHALL PROVIDE A WRITTEN DISCLOSURE TO A PROSPECTIVE TENANT 22
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL CREATE 23
A DISCLOSURE FORM THAT INCLUDES: 24

(I) THE INFORMATION INCLU DED IN A TENANT SCREENIN G 25
REPORT; 26

(II) THE CRITERIA THAT MAY RESULT IN THE DENIAL OR 27
CONDITIONAL ACCEPTANCE OF A RENTAL APPLICATION; 28

(III) THE NAME AND CONTACT INFORMATION OF ANY CONSUMER 29
REPORTING AGENCY OR TENANT SCREENING SERVICE USED BY THE LANDLORD TO 30
OBTAIN A TENANT SCREENING REPORT; AND 31

HOUSE BILL 313 5

(IV) THE MAXIMUM AMOUNT TH AT MAY BE CHARGED FO R AN 1
APPLICATION FEE. 2

(2) BEFORE ACCEPTING AN APPLICATION FEE OR A SCREENING FEE, 3
A LANDLORD SHALL PRO VIDE THE DISCLOSURE DESCRIBED IN PARAGRAPH (1) OF 4
THIS SUBSECTION TO A PROSPECTIVE TENANT. 5

(C) (1) A LANDLORD MAY NOT TAK E ADVERSE ACTION AGA INST A 6
PROSPECTIVE TENANT U NLESS THE LANDLORD P ROVIDES TO THE PROSP ECTIVE 7
TENANT: 8

(I) WRITTEN NOTICE: 9

1. STATING THE SPECIFIC REASONS FOR THE ADVE RSE 10
ACTION; 11

2. AFFIRMING THE LANDLOR D DID NOT KNOWINGLY 12
CONSIDER ANY PROCEEDING OR SHIELDED RECORD; AND 13

3. AFFIRMING THE LANDLOR D DID NOT RELY ON AN 14
UNSHIELDED RECORD TH AT IS 3 YEARS OLD OR OLDER I N A TENANT SCREENING 15
REPORT THAT DID NOT PROVIDE REASONABLY AVAILABLE INFORMATIO N 16
REGARDING THE DISPOS ITION OR OUTCOME OF THE CLAIM AGAINST TH E 17
PROSPECTIVE TENANT; AND 18

3. 4. IDENTIFYING THE TENAN T SCREENING REPORT O R 19
OTHER INFORMATION TH E LANDLORD RELIED ON IN CONSIDERING THE 20
PROSPECTIVE TENANT; AND 21

(II) A COPY OF ANY SCREENIN G REPORT USED BY THE 22
LANDLORD IN REACHING A DETERMINATION OR INFORMATION SUFFI CIENT TO 23
ALLOW THE PROSPECTIV E TENANT TO INDEPEND ENTLY OBTAIN A COPY OF THE 24
TENANT SCREENING REPORT; AND 25

(III) ANY OTHER INFORMATION REQUIRED FOR ADVERSE 26
ACTION NOTICE UNDER THE FEDERAL FAIR CREDIT REPORTING ACT. 27

(2) (I) A PROSPECTIVE TENANT S HALL BE ALLOWED TO D ISPUTE 28
AND PROVIDE EVIDENCE REGARDING INACCURATE OR INCOMPLETE INFORMATION 29
CONTAINED IN A TENANT SCREENING REPORT. 30

(II) A LANDLORD THAT USES A SCREENING REP ORT SHALL 31
NOTIFY A PROSPECTIVE TENANT OF THE RIGHT TO DISPUTE THE REPORT. 32

6 HOUSE BILL 313

(D) (1) A LANDLORD MAY NOT: 1

(1) (I) REQUEST OR REQUIRE A PROSPECTIVE TENANT T O 2
DISCLOSE INFORMATION RELATING TO: 3

(I) A PROCEEDING AGAINST THE PROSPECTIVE TENANT; OR 4

(II) A A SHIELDED RECORD; 5

(2) (II) MAKE AN ORAL OR WRITT EN INQUIRY TO ANY PE RSON 6
REGARDING A PROSPECTIVE TENANT’S PROCEEDING OR SHIELDED RECORD; 7

(3) (III) 1. CONSIDER SUBJECT TO PARAGRAPH (2) OF THIS 8
SUBSECTION, RELY ON A PROSPECTIVE TENANT ’S PROCEEDING OR SHIELDED 9
RECORD IN MAKING A DETERMINATION REGARDING A RENTAL APPLICATION; OR 10

2. RELY ON AN UNSHIELDED RECORD THAT IS 3 YEARS 11
OLD OR OLDER IN A TE NANT SCREENING REPOR T THAT DID NOT PROVI DE 12
REASONABLY AVAILABLE INFORMATION REGARDIN G THE DISPOSITION OR 13
OUTCOME OF THE CLAIM AGAINST THE PROSPECTIVE TENANT; 14

(4) (IV) CONDITIONALLY ACCEPT A PROSPECTIVE TENANT ’S 15
APPLICATION CONTINGE NT ON THE PROSPECTIV E TENANT ’S DISCLOSURE OF A 16
PROCEEDING OR SHIELDED RECORD; OR 17

(5) (V) TAKE ADVERSE ACTION B ASED ON A PROSPECTIV E 18
TENANT’S REFUSAL TO DISCLOSE A PROCEEDING OR SHIELDED RECORD; OR 19

(VI) TAKE ADVERSE ACTION BASED SOLELY ON AN UNSHIELDED 20
RECORD THAT DOES NOT INCLUDE REASONABLY A VAILABLE INFORMA TION 21
INDICATING THE DISPO SITION OR OUTCOME OF THE CLAIM AGAINST TH E 22
PROSPECTIVE TENANT. 23

(2) A LANDLORD IS NOT LIABLE FOR A DETERMINATION BASED ON A 24
SHIELDED RECORD IF: 25

(I) THE LANDLORD RELIED I N GOOD FAITH ON A TE NANT 26
SCREENING REPORT PRODUCED BY A THIRD PARTY; AND 27

(II) THE LANDLORD DID NOT HAVE ACTUAL KNOWLEDGE THAT 28
THE RECORD WAS SHIELDED. 29

(E) (1) A PERSON THAT PRODUCES TENANT SCREENING REPORTS: 30

HOUSE BILL 313 7

(I) SHALL IMPLEMENT AND M AINTAIN REASONABLE 1
PROCEDURES TO PREVEN T THE DISCLOSURE OF INFORMATION REGARDING A 2
PROCEEDING OR SHIELDED RECORD; AND 3

(II) MAY NOT DISCLOSE INFO RMATION ABOUT A PROCEEDING 4
OR SHIELDED RECORD; AND 5

(III) FOR AN UNSHIELDED REC ORD, SHALL CLEARLY AND 6
ACCURATELY INDICATE THE DISPOSITION OR OUTCOME OF THE CLAIM AGAINST THE 7
SUBJECT OF THE TENANT SCREENING REPORT. 8

(2) A PERSON THAT DISCLOSES INFORMATION OF A PROCEEDING OR 9
SHIELDED RECORD SHAL L PROVIDE TO ALL PAR TIES A CORRECTED TEN ANT 10
SCREENING REPORT WIT H THE IMPROPERLY DIS CLOSED INFORMATION REMOVED 11
WITHIN 5 BUSINESS DAYS AFTER LEARNING OF THE DISCLOSURE. 12

(F) A PROSPECTIVE TENANT M AY NOT WAIVE ANY OF THE PROTECTIONS 13
ESTABLISHED UNDER TH IS SECTION AND ANY A TTEMPTED WAIVER BY A 14
PROSPECTIVE TENANT IS VOID. 15

(G) A LANDLORD THAT VIOLAT ES SUBSECTION (B), (C), OR (D) OF THIS 16
SECTION IS SUBJECT T O A CIVIL PENALTY NO T EXCEEDING $500 FOR EACH 17
VIOLATION. 18

(H) (1) A VIOLATION OF SUBSECTION (B) OR (C) OF THIS SECTION: 19

(I) IS AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE 20
WITHIN THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 21

(II) IS SUBJECT TO THE ENF ORCEMENT AND PENALTY 22
PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT 23
§ 13–411 OF THE COMMERCIAL LAW ARTICLE. 24

(2) IN ADDITION TO THE EN FORCEMENT AND PENALT Y PROVISIONS 25
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, AN AN INDIVIDUAL INJURED 26
BY A VIOLATION OF SUBSECTION (B) OR (C) OF THIS SECTION MAY SEEK INJUNCTIVE 27
RELIEF AND A REFUND OF ANY APPLICATION O R SCREENING FEE PAID BY THE 28
INDIVIDUAL. 29

(I) AN INDIVIDUAL INJURED BY A VIOLATION OF SU BSECTION (D) OF THIS 30
SECTION MAY BRING AN ACTION FOR: 31

(1) DAMAGES; 32
8 HOUSE BILL 313

(2) A REFUND OF ANY APPLICATION OR SCREENING FEE; 1

(3) INJUNCTIVE AND OTHER EQUITABLE RELIEF; AND 2

(4) REASONABLE ATTORNEY’S FEES AND COURT COSTS. 3

(J) AN INDIVIDUAL INJURED BY A VIOLATION OF SUBSECTION (E) OF THIS 4
SECTION MAY BRING AN ACTION FOR INJUNCTIV E OR OTHER EQUITABLE RELIEF, 5
INCLUDING REQUIRING A TENANT SCREENING C OMPANY TO SEND CORRE CTIVE 6
NOTICES. 7

(K) EXCEPT FOR THE PROHIB ITION AGAINST THE KN OWING USE OF A 8
SHIELDED RECORD IN REACHING A DETERMINATION UNDER SUBSECTION (D) OF 9
THIS SECTION, THIS SECTION MAY NOT BE INTERPRETED TO PROHIBIT A LANDLORD 10
FROM RELYING ON A LA WFULLY OBTAINED CREDIT SCORE OR CONSUMER REPORT 11
SOLELY BECAUSE THE C REDIT SCORE OR CONSU MER REPORT MAY R ELATE TO 12
EVICTION ACTIVITY. 13

(K) (L) THE ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY 14
OUT THIS SECTION. 15

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.