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*hb0315*
HOUSE BILL 315
D5 (6lr1839)
ENROLLED BILL
— Economic Matters/Judicial Proceedings —
Introduced by Delegate Stewart
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Human Relations – Discrimination in Housing – Income–Based Housing 2
Subsidies 3
Landlord and Tenant – Discrimination in Housing for Income–Based Housing 4
Subsidies and Positive Rental History Reporting 5
FOR the purpose of providing that a certain landlord may not refuse to rent to a prospective 6
tenant who pays rent with the assistance of an income–based housing subsidy under 7
certain circumstances, subject to a certain exception; establishing that a violation of 8
this Act is a discriminatory housing practice and is subject to enforcement by the 9
Maryland Commission on Civil Rights; requiring that a certain landlord of 10
residential real property offer a certain tenant the option of having positive rental 11
payment history reported to a certain consumer reporting agency; and generally 12
relating to housing discrimination and rental history reporting. 13
BY repealing and reenacting, without amendments, 14
2 HOUSE BILL 315
Article – State Government 1
Section 20–701(a) and 20–1020(a) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2025 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Government 6
Section 20–701(c) and 20–1020(e) 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2025 Supplement) 9
BY adding to 10
Article – State Government 11
Section 20–705.1 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Real Property 16
Section 8–208.4 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – State Government 22
20–701. 23
(a) In this subtitle the following words have the meanings indicated. 24
(c) “Discriminatory housing practice” means an act that is prohibited under § 25
20–705, § 20–705.1, § 20–706, § 20–707, or § 20–708 of this subtitle. 26
20–705.1. 27
(A) (1) IN THIS SECTION , “INCOME–BASED HOUSING SUBSID Y” MEANS 28
RECURRING MONETARY A SSISTANCE TO A LANDL ORD FROM A GOVERNMEN TAL 29
ENTITY OR NONPROFIT ORGANIZATION THAT IS INTENDED TO DEFRAY , IN WHOLE 30
OR IN PART, A TENANT’S RENT OBLIGATION. 31
(2) “INCOME–BASED HOUSING SUBSID Y” INCLUDES LOW –INCOME 32
HOUSING ASSISTANCE CERTIFICATES AND VOUCHERS ISSUED UNDER TH E UNITED 33
STATES HOUSING ACT OF 1937. 34
HOUSE BILL 315 3
(B) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , A LANDLORD OR OF 1
RESIDENTIAL RENTAL PROPERTY THAT USES FINANCIAL INFORMATION, INCLUDING 2
CREDIT HISTORY, AS PART OF A PROSPECTIVE TENANT’S RENTAL APPLICATION MAY 3
NOT REFUSE TO RENT T O A PROSPECTIVE TENA NT WHO PAYS RENT WIT H THE 4
ASSISTANCE OF AN INCOME–BASED HOUSING SUBSIDY ON THE BASIS OF: 5
(1) THE PROSPECTIVE TENANT’S INCOME; 6
(2) THE PROSPECTIVE TENANT’S CREDIT SCORE OR LACK OF CREDIT 7
SCORE; OR 8
(3) ANY ADVERSE CREDIT H ISTORY THAT AROSE DU RING A PERIOD 9
WHEN THE PROSPECTIVE TENANT DID NOT HAVE AN INCOME –BASED HOUSING 10
SUBSIDY, IF THE LANDLORD COULD REASONABLY HAVE KNOWN THE DATE ON WHICH 11
THE SUBSIDY WAS RECE IVED THE PERIOD DURING WH ICH THE TENANT DID N OT 12
HAVE THE SUBSIDY IS CONFIRMED BY: 13
(I) THE APPLICANT; 14
(II) VOUCHER PAPERWORK; 15
(III) DOCUMENTS PROVIDED BY A PUBLIC HOUSING AUTHORITY; 16
OR 17
(IV) A PUBLIC HOUSING AUTHORITY IN RESPONSE TO A REQUEST 18
BY THE LANDLORD. 19
(C) NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION , A LANDLORD 20
MAY NOT REQUIRE THAT A PUBLIC HOUSING AUTHORITY VERIFY APPLICABLE DATES 21
FOR THE SUBSIDY FOR PURPOSES OF ASSESSING THE TENANT’S CREDIT HISTORY. 22
(C) (D) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , A 23
LANDLORD THAT RECEIV ES FUNDING FROM A GO VERNMENTAL ENTITY , A 24
QUASI–GOVERNMENTAL ENTITY, OR A NONPROFIT ORGANIZATION THAT REQUIRES 25
INCOME QUALIFICATION FOR TENANTS IN INCOME–RESTRICTED RENTAL UNITS MAY 26
COLLECT FINANCIAL IN FORMATION FROM A PRO SPECTIVE TENANT IF T HE 27
COLLECTION OF FINANCIAL INFORMATION IS A CONDITION OF THE FUNDING. 28
(E) NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, A LANDLORD OR 29
OF RESIDENTIAL RENTAL PROPERTY MAY REQUIRE VERIFICATION THAT A TENANT 30
HAS SUFFICIENT INCOM E TO PAY THE PORTION OF RENT NOT COVERED BY THE 31
INCOME–BASED HOUSING SUBSID Y USING AN INCOME TO TENANT’S PORTION OF 32
RENT RATIO THAT IS S UBSTANTIALLY EQUIVALENT TO THE R ATIO USED BY THE 33
LANDLORD FOR NONSUBSIDIZED TENANTS. 34
4 HOUSE BILL 315
(F) A LANDLORD OR OF RESIDENTIAL RENTAL PROPERTY MAY REFUSE TO 1
RENT TO A PROSPECTIV E TENANT WHO PAYS RE NT WITH THE ASSISTAN CE OF AN 2
INCOME–BASED HOUSING SUBSID Y ON THE BASIS OF AN Y COMMERCIALLY 3
REASONABLE AND NONDISCRIMINATORY USE OF: 4
(1) A REFERENCE FROM A PREVIOUS OR CURRENT LANDLORD OF THE 5
TENANT; OR 6
(2) THE TENANT’S HISTORY OF VIOLATI NG A LEASE, FAILING TO PAY 7
UTILITIES, CREATING A NUISANCE, OR DAMAGING PROPERTY. 8
20–1020. 9
(a) In this part the following words have the meanings indicated. 10
(e) “Discriminatory housing practice” means an act that is prohibited under § 11
20–705, § 20–705.1, § 20–706, § 20–707, or § 20–708 of this title. 12
Article – Real Property 13
8–208.4. 14
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 15
INDICATED. 16
(2) “CONSUMER REPORTING AG ENCY” MEANS ANY PERSON OR 17
ENTITY THAT, FOR MONETARY FEES OF DUES OR ON A COOPERA TIVE NONPROFIT 18
BASIS, REGULARLY ENGAGES , IN WHOLE OR IN PART , IN THE PRACTICE OF 19
ASSEMBLING OR EVALUATING CONS UMER CREDIT INFORMAT ION OR OTHER 20
INFORMATION ON CONSU MERS FOR THE PURPOSE OF FURNISHING CONSUM ER 21
CREDIT REPORTS TO THIRD PARTIES. 22
(3) (I) “POSITIVE RENTAL PAYME NT HISTORY ” MEANS 23
INFORMATION REGARDING A TENANT’S COMPLETE AND TIMELY PAYMENTS OF RENT. 24
(II) “POSITIVE RENTAL PAYMENT HISTORY” DOES NOT INCLUDE 25
AN INSTANCE IN WHICH A TENANT DID NOT COMPLETELY OR TIMELY MAKE A RENTAL 26
PAYMENT. 27
(4) “SECRETARY” MEANS THE SECRETARY OF HOUSING AND 28
COMMUNITY DEVELOPMENT. 29
HOUSE BILL 315 5
(B) THIS SECTION APPLIES ONLY TO A LANDLORD THAT OWNS SIX OR MORE 1
RESIDENTIAL RENTAL UNITS IN THE STATE. 2
(C) A LANDLORD WHO OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT 3
SHALL INCLUDE IN A WRITTEN LEASE THE OPTION TO HAVE THE TENANT’S POSITIVE 4
RENTAL PAYMENT HISTO RY REPORTED TO AT LEAST ONE CONSUMER REPORTI NG 5
AGENCY. 6
(D) (1) FOR A LEASE ENTERED INTO ON OR AFTER OCTOBER 1, 2026, THE 7
OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING SHALL BE MADE AT THE 8
TIME OF THE LEASE AGREEMENT AND AT LEAST ONCE ANNUALLY THEREAFTER. 9
(2) (I) FOR LEASES ENTERED INTO BEFORE OCTOBER 1, 2026, THE 10
OFFER OF POSITIVE RE NTAL PAYMENT HISTORY REPORTING SHALL BE M ADE NOT 11
LATER THAN JANUARY 1, 2027, AND AT LEAST ONCE ANNUALLY THEREAFTER. 12
(II) A LANDLORD SHALL DELIV ER THE OFFER OF POSITIVE 13
RENTAL PAYMENT HISTORY REPORTING TO THE TENANT BY: 14
1. FIRST–CLASS MAIL WITH A CERTIFICATE OF MAILING; 15
2. A DELIVERY SERVICE PRO VIDING DELIVERY 16
TRACKING AND CONFIRMATION; OR 17
3. ELECTRONIC DELIVERY , IF THE TENANT HAS 18
ELECTED TO RECEIVE NOTICES FROM THE LANDLORD IN THIS MANNER. 19
(E) THE OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING SHALL 20
BE IN THE FORM SPECIFIED IN REGULATIONS ADOPTED BY THE SECRETARY UNDER 21
SUBSECTION (J) OF THIS SECTION AND INCLUDE: 22
(1) A STATEMENT THAT REPOR TING OF THE TENANT ’S POSITIVE 23
RENTAL PAYMENT HISTORY IS OPTIONAL; 24
(2) THE NAME OF EACH CONS UMER REPORTING AGENC Y TO WHICH 25
POSITIVE RENTAL PAYMENT HISTORY WILL BE REPORTED; 26
(3) THE AMOUNT OF ANY FEE CHARGED PURSUANT TO SUBSECTION 27
(H) OF THIS SECTION; 28
(4) INSTRUCTIONS ON HOW T O SUBMIT THE WRITTEN ELECTION OF 29
POSITIVE RENTAL PAYMENT HISTORY REPORTING TO THE LANDLORD; 30
6 HOUSE BILL 315
(5) A STATEMENT THAT THE TENANT MAY OPT INTO POSITIVE RENTAL 1
PAYMENT HISTORY REPORTING AT ANY TIME FOLLOWING THE INITIAL OFFER BY THE 2
LANDLORD; 3
(6) A STATEMENT THAT THE T ENANT MAY ELECT TO S TOP POSITIVE 4
RENTAL PAYMENT HISTORY REPORTING AT ANY TIME, BUT THAT THE TENANT WILL 5
NOT BE ABLE TO RESUME POSITIVE RENTAL PAYMENT HISTORY REPORTING FOR AT 6
LEAST 6 MONTHS AFTER AN ELECTION TO OPT OUT; 7
(7) INSTRUCTIONS ON HOW T O OPT OUT OF POSITIV E RENTAL 8
PAYMENT HISTORY REPORTING; AND 9
(8) A SIGNATURE BLOCK THAT THE TENANT SHALL DATE AND SIGN IN 10
ORDER TO ACCEPT THE OFFER OF POSITIVE RENTAL PAYMENT HISTORY REPORTING. 11
(F) IF THE OFFER OF POSIT IVE RENTAL PAYMENT H ISTORY REPORTING IS 12
MADE BY FIRST–CLASS MAIL, THE LANDLORD SHALL P ROVIDE THE TENANT WI TH A 13
SELF–ADDRESSED, STAMPED ENVELOPE TO RETURN THE WRITTEN E LECTION OF 14
POSITIVE RENTAL PAYMENT HISTORY REPORTING. 15
(G) (1) A TENANT MAY SUBMIT TH E T ENANT’S COMPLETED WRITTEN 16
ELECTION AT ANY TIME AFTER THE TENANT REC EIVES THE OFFER OF P OSITIVE 17
RENTAL PAYMENT HISTORY REPORTING FROM THE LANDLORD. 18
(2) (I) A TENANT MAY REQUEST A DDITIONAL COPIES OF THE 19
WRITTEN ELECTION OF POSITIVE RENTAL PAYMENT HISTORY REPORTING FROM THE 20
LANDLORD AT ANY TIME. 21
(II) A LANDLORD THAT RECEIV ES A REQUEST FROM A TENANT 22
PURSUANT TO THIS PARAGRAPH SHALL COMPLY WITH THE REQUEST. 23
(H) (1) IF A TENANT ELECTS TO HAVE POSITIVE RENTAL PAYMENT 24
HISTORY REPORTED TO A CONSUMER REPORTI NG AGENCY THE LANDLO RD MAY 25
REQUIRE THAT THE TENANT PAY A FEE NOT TO EXCEED THE LESSER OF THE ACTUAL 26
COST TO THE LANDLORD TO PROVIDE THE SERVICE OR $10 PER MONTH. 27
(2) (I) THE PAYMENT OR NONPAY MENT OF A FEE UNDER THIS 28
SUBSECTION MAY NOT BE REPORTED TO A CONSUMER REPORTING AGENCY. 29
(II) A FEE COLLECTED UNDER THIS SUBSECTION IS N OT RENT 30
AND MAY NOT BE CREDITED TOWARDS FULL OR PARTIAL SATISFACTION OF RENT OR 31
ANY OTHER OBLIGATION UNDER THE LEASE. 32
HOUSE BILL 315 7
(III) IF A TENANT FAILS TO PAY ANY FEE REQUIRED BY THE 1
LANDLORD UNDER THIS SUBSECTION FOR 30 DAYS OR MORE: 2
1. THE LANDLORD MAY STOP REPORTING THE TENANT’S 3
RENTAL PAYMENTS; AND 4
2. THE TENANT MAY NOT EL ECT POSITIVE RENTAL 5
PAYMENT HISTORY REPORTING FOR A PERIOD O F AT LEAST 6 MONTHS AFTER THE 6
DATE ON WHICH THE FEE FIRST BECAME DUE. 7
(I) (1) A LANDLORD SHALL STOP REPORTING POSITIVE R ENTAL 8
PAYMENT HISTORY ON WRITTEN REQUEST BY A TENANT. 9
(2) A TENANT WHO ELECTS TO HAVE REPORTING STOPPED MAY NOT 10
ELECT POSITIVE RENTAL PAYMENT HISTORY REPORTING AGAIN FOR A PERIOD OF AT 11
LEAST 6 MONTHS AFTER THE DAT E OF THE TENANT ’S WRITTEN REQUEST TO HAVE 12
REPORTING STOPPED. 13
(J) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 14
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.