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*hb1073*
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
AN ACT concerning 1
Landlord and Tenant – Residential Leases – Prospective Tenant Criminal 2
History Records Check 3
(Maryland Fair Chance Housing Act) 4
FOR the purpose of prohibiting a landlord from requiring or requesting from a prospective 5
tenant certain information relating to criminal history and prohibiting a landlord 6
from considering certain information when evaluating the prospective tenant; 7
permitting a landlord to consider certain criminal history information prior to 8
extending a cond itional offer to a prospective tenant and requiring the landlord to 9
consider certain information provided by a prospective tenant relating to a criminal 10
history records check; authorizing a landlord to consider certain criminal convictions 11
only after exten ding a conditional offer to a prospective tenant and authorizing a 12
landlord to withdraw a conditional offer under certain circumstances; prohibiting a 13
landlord from publishing certain housing advertisements; establishing that the lease 14
of residential prope rty to an individual with a criminal record or the decision of a 15
landlord not to conduct a criminal history records check is not the basis of a claim 16
against a landlord; requiring the Office of Tenant and Landlord Affairs in the 17
Department of Housing and C ommunity Development to develop and publish a 18
certain model document; requiring the Office of Tenant and Landlord Affairs to 19
collect and maintain certain data and publish certain information relating to 20
collected data annually on the Office of Tenant and L andlord Affairs ’ website; 21
making a violation of this Act an unfair, abusive, or deceptive trade practice subject 22
to enforcement and certain penalties under the Maryland Consumer Protection Act; 23
and generally relating to the use of criminal history records checks in residential 24
leasing. 25
BY repealing and reenacting, with amendments, 26
Article – Commercial Law 27
Section 13–301(14)(xlvii) 28
Annotated Code of Maryland 29
(2025 Replacement Volume) 30
2 HOUSE BILL 1073
BY repealing and reenacting, without amendments, 1
Article – Commercial Law 2
Section 13–301(14)(xlviii) 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5
BY adding to 6
Article – Commercial Law 7
Section 13–301(14)(xlix) 8
Annotated Code of Maryland 9
(2025 Replacement Volume) 10
BY repealing and reenacting, without amendments, 11
Article – Real Property 12
Section 8–218(a) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 8–218(b) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY adding to 21
Article – Real Property 22
Section 8 –2A–01 through 8 –2A–11 to be under the new subtitle “Subtitle 2A. 23
Discriminatory Use of Criminal History in Residential Leasing” 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2025 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Commercial Law 29
13–301. 30
Unfair, abusive, or deceptive trade practices include any: 31
(14) Violation of a provision of: 32
(xlvii) Title 14, Subtitle 50 of this article; [or] 33
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 34
HOUSE BILL 1073 3
(XLIX) TITLE 8, SUBTITLE 2A OF THE REAL PROPERTY 1
ARTICLE; OR 2
Article – Real Property 3
8–218. 4
(a) In this section, “reusable tenant screening report” means a report prepared 5
within the previous 30 days by a consumer reporting agency at the request and expense of 6
a prospective tenant and made directly available to a prospective landlord at no charge for 7
use in the rental application process. 8
(b) A reusable tenant screening report shall contain the following information 9
regarding a prospective tenant: 10
(1) A credit report; 11
(2) For each jurisdiction indicated as a prior residence of the prospective 12
tenant, regardless of whether the residence is reported by the prospective tenant or by a 13
consumer reporting agency preparing a consumer report: 14
(i) [A] SUBJECT TO SUBTITLE 2A OF THIS TITLE , A 15
comprehensive criminal history records check for all federal, state, and local charges 16
against and convictions of the prospective tenant over the previous [7] 3 years; and 17
(ii) A comprehensive eviction history for all state and local 18
jurisdictions for the previous 7 years; 19
(3) Verification of employment and income; and 20
(4) Current address and rental history. 21
SUBTITLE 2A. DISCRIMINATORY USE OF CRIMINAL HISTORY IN RESIDENTIAL 22
LEASING. 23
8–2A–01. 24
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(B) “CONDITIONAL OFFER ” MEANS AN OFFER TO LE ASE A RESIDENTIAL 27
PROPERTY TO A PROSPE CTIVE TENANT THAT IS CONTINGENT ON A SUBS EQUENT 28
INQUIRY INTO THE PROSPECTIVE TENANT’S CRIMINAL HISTORY. 29
(C) “CRIMINAL HISTORY RECORDS” HAS THE MEANING STATED IN § 10–239 30
OF THE CRIMINAL PROCEDURE ARTICLE. 31
4 HOUSE BILL 1073
8–2A–02. 1
A LANDLORD THAT CONDUC TS A CRIMINAL HISTOR Y RECORDS CHECK IN 2
ACCORDANCE WITH THIS SUBTITLE SHALL DO SO FOR EVERY PROSPECTIVE TENANT. 3
8–2A–03. 4
(A) A LANDLORD MAY NOT: 5
(1) REQUIRE A PRO SPECTIVE TENANT TO S UBMIT TO A DRUG OR 6
ALCOHOL TEST; OR 7
(2) REQUEST OR REQUIRE A PROSPECTIVE TENANT TO CONSENT TO 8
THE RELEASE OF INFOR MATION ABOUT THE PRO SPECTIVE TENANT FROM A 9
PROGRAM FOR THE PREVENTION AND TREATMENT OF SUBSTANCE USE DISORDERS. 10
(B) BEFORE ACCEPTING AN APPLICA TION FEE , A LANDLORD SHALL 11
PROVIDE IN WRITING TO A PROSPECTIVE TENANT: 12
(1) NOTICE REGARDING THE USE OF A CRIMINAL HISTORY RECORDS 13
CHECK IN DETERMINING ELIGIBILITY FOR LEASING, INCLUDING A STATEMENT THAT 14
CONVICTION FOR A CRI ME LISTED IN § 8–2A–05 OF THIS SUBTITLE MAY BE 15
CONSIDERED BY THE LA NDLORD ONLY AFTER TH E EXTENSION OF A CON DITIONAL 16
OFFER; AND 17
(2) INFORMATION ON THE ABILITY OF THE PROSPECTIVE TENANT, IN 18
RESPONSE TO A CRIMIN AL HISTORY RECORDS C HECK, TO PROVIDE EVIDENCE 19
DEMONSTRATING: 20
(I) INACCURACIES IN THE T ENANT’S CRIMINAL HISTORY 21
RECORDS; 22
(II) EVIDENCE OF REHABILITATION; AND 23
(III) MITIGATING FACTORS. 24
(C) A LANDLORD SHALL NOTIF Y A PROSPECTIVE TENA NT THAT AN 25
INDIVIDUALIZED ASSESSMENT WILL BE CONDUCTED. 26
8–2A–04. 27
HOUSE BILL 1073 5
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1
BEFORE EXTENDING A C ONDITIONAL OFFER TO A PROSPECTIVE TENANT , A 2
LANDLORD MAY NOT: 3
(I) REQUEST OR REQUIRE TH E PROSPECTIVE TENANT TO 4
DISCLOSE IN A HOUSING APPLICATION WHETHER THE PROSPECTIVE TENANT HAS A 5
CRIMINAL HISTORY OR HAS BEEN ACCUSED OF OR CHARGED WITH ANY CRIMES; OR 6
(II) MAKE AN ORAL OR WRITT EN INQUIRY REGARDING THE 7
CRIMINAL HISTORY OF THE PROSPECTIVE TENANT. 8
(2) A LANDLORD MAY REQUIRE INFORMATION REGARDING WHETHER 9
A PROSPECTIVE TENANT: 10
(I) HAS BEEN CONVICTED OF: 11
1. FOR A POTENTIAL TENANCY IN FEDERALLY ASSISTED 12
HOUSING, MANUFACTURING METHAMPHETAMINE ON THE PREMISES OF FEDERALLY 13
ASSISTED HOUSING; 14
2. A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF 15
THE CRIMINAL LAW ARTICLE; 16
3. CHILD PORNOGRAPHY UND ER § 11–207 OF THE 17
CRIMINAL LAW ARTICLE; 18
4. IF THE CONVICTION OCC URRED WITHIN 10 YEARS 19
IMMEDIATELY PRECEDING THE RENTAL APPLICATION: 20
A. MURDER IN THE FIRST D EGREE UNDER § 2–201 OF 21
THE CRIMINAL LAW ARTICLE; OR 22
B. MURDER IN THE SECOND DEGREE UNDER § 2–204 OF 23
THE CRIMINAL LAW ARTICLE; OR 24
5. HUMAN TRAFFICKING UND ER § 3–1102 OF THE 25
CRIMINAL LAW ARTICLE; OR 26
(II) IS SUBJECT TO A LIFET IME REGISTRATION REQ UIREMENT 27
UNDER A STATE SEX OFFENDER REGISTRATION PROGRAM. 28
6 HOUSE BILL 1073
(B) IN RESPONSE TO THE RE SULTS OF A CRIMINAL HISTORY RECORDS 1
CHECK, A PROSPECTIVE TENANT MAY PROVIDE, AND A LANDLORD SHALL CONSIDER, 2
EVIDENCE DEMONSTRATING: 3
(1) INACCURACIES IN THE P ROSPECTIVE TENANT ’S CRIMINAL 4
HISTORY RECORDS; 5
(2) EVIDENCE OF REHABILITATION; AND 6
(3) ANY OTHER MITIGATING FACTORS. 7
8–2A–05. 8
(A) AFTER THE EXTENSION O F A CONDITIONAL OFFE R TO A PROSPECTIVE 9
TENANT, A LANDLORD MAY CONSI DER ONLY THE FOLLOWING CONVIC TIONS AS 10
POTENTIAL GROUNDS FOR WITHDRAWAL OF THE OFFER: 11
(1) MURDER IN THE FIRST DEGREE UNDER § 2–201 OF THE CRIMINAL 12
LAW ARTICLE; 13
(2) HUMAN TRAFFICKING UND ER § 3–1102 OF THE CRIMINAL LAW 14
ARTICLE; 15
(3) ANY CRIME RESULTING I N LIFETIME REGISTRAT ION IN A STATE 16
SEX OFFENDER REGISTRY; 17
(4) A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE 18
CRIMINAL LAW ARTICLE; 19
(5) CHILD PORNOGRAPHY UND ER § 11–207 OF THE CRIMINAL LAW 20
ARTICLE; AND 21
(6) IF THE CONVICTION OCC URRED WITHIN 3 YEARS IMMEDIATELY 22
PRECEDING THE CONDITIONAL OFFER: 23
(I) KIDNAPPING UNDER § 3–502 OF THE CRIMINAL LAW 24
ARTICLE; 25
(II) ARSON UNDER §§ 6–102 AND 6–103 OF THE CRIMINAL LAW 26
ARTICLE; 27
(III) ASSAULT IN THE FIRST DEGREE UNDER § 3–202 OF THE 28
CRIMINAL LAW ARTICLE; 29
HOUSE BILL 1073 7
(IV) BURGLARY IN THE FIRST DEGR EE UNDER § 6–202 OF THE 1
CRIMINAL LAW ARTICLE; 2
(V) MANUFACTURING A CONTROLLED DANGEROUS SUBSTANCE 3
UNDER § 5–612 OF THE CRIMINAL LAW ARTICLE; AND 4
(VI) FELONY FRAUD. 5
(B) A LANDLORD MAY WITHDRA W A CONDITIONAL OFFE R BASED ON A 6
PROSPECTIVE TENANT ’S CRIMINAL HISTORY R ECORDS CHECK ONLY IF THE 7
LANDLORD DETERMINES THAT THE WITHDRAWAL IS NECESSARY TO FULF ILL A 8
SUBSTANTIAL, LEGITIMATE, AND NONDISCRIMINATORY INTEREST. 9
(C) IF A LANDLORD WITHDRA WS A CONDITIONAL OFF ER, THE LANDLORD 10
SHALL PROVIDE THE PR OSPECTIVE TENANT WIT H WRITTEN NOTICE OF THE 11
WITHDRAWAL THAT INCLUDES: 12
(1) A SPECIFIC REASON FOR THE WITHDRAWAL OF THE CONDITIONAL 13
OFFER; AND 14
(2) A STATEMENT THAT THE PROSPECTIVE TENANT MAY REQUEST A 15
REASSESSMENT OF THE WITHDRAWAL BY PROVIDING EVIDENCE TO THE LANDLORD 16
DEMONSTRATING: 17
(I) INACCURACIES IN THE P ROSPECTIVE TENANT’S CRIMINAL 18
HISTORY RECORDS; 19
(II) EVIDENCE OF REHABILITATION; OR 20
(III) ANY OTHER MITIGATING FACTORS. 21
(D) A REASSESSMENT OF THE APPLICATION BY THE LANDLORD FOLLOWING 22
A REQUEST FOR REASSE SSMENT BY THE PROSPECTIVE T ENANT SHALL CONSIDER 23
THE FOLLOWING FACTORS: 24
(1) THE NATURE AND SEVERITY OF THE CRIMINAL OFFENSE; 25
(2) THE AGE OF THE PROSPE CTIVE TENANT AT THE TIME OF THE 26
OCCURRENCE OF THE CRIMINAL OFFENSE; 27
(3) THE AMOUNT OF TIME TH AT HAS ELAP SED SINCE THE 28
OCCURRENCE OF THE CRIMINAL OFFENSE; 29
8 HOUSE BILL 1073
(4) ANY INFORMATION PRODUCED BY THE PROSPECTIVE TENANT, OR 1
PRODUCED ON THE PROSPECTIVE TENANT’S BEHALF, REGARDING REHABILITATION 2
AND GOOD CONDUCT SINCE THE CRIMINAL OFFENSE; 3
(5) THE DEGREE TO WHICH T HE CRIMINAL OFFENSE , IF IT 4
REOCCURRED, WOULD NEGATIVELY IMP ACT THE SAFETY OF OT HER TENANTS OR 5
THE PROPERTY; AND 6
(6) WHETHER THE CRIMINAL OFFENSE OCCURRED ON THE 7
PROPERTY THAT WAS RENTED OR LEASED BY THE PROSPECTIVE TENANT. 8
(E) (1) WITHIN 30 DAYS AFTER THE LANDLORD ’S NOTICE OF 9
WITHDRAWAL OF THE CO NDITIONAL OFFER , THE PROSPECTIVE TENA NT MAY 10
REQUEST THAT THE LAN DLORD PROVIDE A COPY OF ALL INFORMATION T HAT THE 11
LANDLORD RELIED ON I N CONSIDERING THE PR OSPECTIVE TENANT , INCLUDING 12
CRIMINAL HISTORY RECORDS. 13
(2) WITHIN 10 DAYS AFTER RECEIPT O F A TIMELY REQUEST , THE 14
LANDLORD SHALL PROVIDE THE INFORMATION REQUESTED UNDER PARAGRAPH (1) 15
OF THIS SUBSECTION. 16
8–2A–06. 17
(A) A LANDLORD MAY NOT KNO WINGLY OR INTENTIONA LLY PUBLISH OR 18
CAUSE TO BE PUBLISHED ANY ADVERTISEMENT THAT EXPRESSLY STATES THAT THE 19
LANDLORD WILL NOT CONSIDER A PROSPECTIVE TENANT WHO HAS BEEN ARRESTED 20
OR CONVICTED OF A CRIME. 21
(B) A LANDLORD MAY NOT PUB LISH OR DISTRIBUTE A NY STATEMENT , 22
ADVERTISEMENT, PUBLICATION, OR SIGN, USE ANY FORM OF LEAS E APPLICATION, 23
OR MAKE ANY INQUIRY IN CONNECTION WITH THE PROSPECTIVE RENTAL, LEASE, OR 24
SUBLEASE OF REAL PRO PERTY THAT EXPRESSES , DIRECTLY OR INDIRECT LY, A 25
LIMITATION OR SPECIFICATION RELATING TO CRIMINAL HISTORY RECORDS THAT IS 26
INCONSISTENT WITH THE REQUIREMENTS OF THIS SUBTITLE. 27
(C) UNLESS OTHERWISE REQUIRED BY LAW, A LANDLORD MAY NOT: 28
(1) DISTRIBUTE OR DISSEMI NATE A PROSPECTIVE T ENANT’S 29
CRIMINAL HISTORY RECORDS TO ANY PERSO N WHO IS NOT EXPECTE D TO USE THE 30
CRIMINAL HISTORY RECORDS FOR THE PURP OSE OF EVALUATING THE 31
PROSPECTIVE TENANT IN A MANNER CONSISTENT WITH THIS SUBTITLE; OR 32
HOUSE BILL 1073 9
(2) USE A PROSPECTIVE TEN ANT’S CRIMINAL HISTORY FOR A 1
PURPOSE THAT IS INCONSISTENT WITH THIS SUBTITLE. 2
8–2A–07. 3
A LANDLORD’S DECISION TO LEASE A RESIDENTIAL DWELLI NG UNIT TO AN 4
INDIVIDUAL WITH A CR IMINAL HISTORY , OR THE LANDLORD ’S DECISION NOT TO 5
OBTAIN A CRIMINAL HISTORY RECORDS CHECK, MAY NOT BE THE BASIS FOR A CLAIM 6
AGAINST THE LANDLORD. 7
8–2A–08. 8
(A) THE OFFICE OF TENANT AND LANDLORD AFFAIRS IN THE 9
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL DEVELOP AND 10
PUBLISH ON THE OFFICE’S WEBSITE A MODEL NOTI CE DOCUMENT FOR USE BY 11
LANDLORDS UNDER THIS SUBTITLE. 12
(B) THE MODEL NOTICE DESC RIBED IN SUBSECTION (A) OF THIS SECTION 13
SHALL INCLUDE: 14
(1) LANGUAGE FOR USE BY A LANDLORD TO ADVISE A PROSPECTIVE 15
TENANT THAT THE LANDLORD HAS WITHDRAWN A CONDITIONAL OFFER OR TAKEN 16
AN ADVERSE HOUSING A CTION BASED ON THE P ROSPECTIVE TENANT’S CRIMINAL 17
HISTORY; AND 18
(2) LANGUAGE NOTIFYING THE PROSPECTIVE TENANT OF: 19
(I) THE RIGHT OF THE PROS PECTIVE TENANT TO RE QUEST A 20
COPY OF ALL INFORMAT ION ON WHICH THE LAN DLORD RELIED IN REAC HING A 21
DECISION, INCLUDING INFORMATION FROM CRIMINAL HISTORY RECORDS; AND 22
(II) THE PROSPECTIVE TENANT’S RIGHT TO FILE A CO MPLAINT 23
UNDER § 13–401 OF THE COMMERCIAL LAW ARTICLE. 24
8–2A–09. 25
(A) THE OFFICE OF TENANT AND LANDLORD AFFAIRS SHALL COLLECT AND 26
MAINTAIN THE FOLLOWI NG DATA RELATING TO COMPLAINTS FILED UND ER THIS 27
SUBTITLE: 28
(1) THE NUMBER OF COMPLAINTS FILED; 29
10 HOUSE BILL 1073
(2) DEMOGRAPHIC INFORMATION REGARDING THE COMPLAINANTS , 1
INCLUDING SEX AND RACE; 2
(3) THE NAMES OF LANDLORDS SUBJECT TO A COMPLAINT; 3
(4) THE NUMBER OF COMPLAINT INVESTIGATIONS CONDUCTED BY 4
THE OFFICE OF TENANT AND LANDLORD AFFAIRS; AND 5
(5) THE DISPOSITION OF EACH COMPLAINT. 6
(B) (1) THE OFFICE OF TENANT AND LANDLORD AFFAIRS SHALL 7
PUBLISH ANNUALLY AND POST ON THE OFFICE OF TENANT AND LANDLORD 8
AFFAIRS’ WEBSITE INFORMATION ON SUBSTANTIATED COM PLAINTS THAT 9
RESULTED IN THE IMPO SITION OF A CIVIL PE NALTY UNDER § 10
8–2A–10 OF THIS SUBTITLE. 11
(2) THE OFFICE OF TENANT AND LANDLORD AFFAIRS MAY NOT 12
PUBLISH ANY IDENTIFY ING INFORMATION ABOU T A LANDLORD THAT IS THE 13
SUBJECT OF A COMPLAINT IF THE LANDLORD IS IN GOOD FAITH COMPLIANCE WITH 14
REQUIREMENTS OF THIS SUBTITLE. 15
8–2A–10. 16
(A) A VIOLATION OF THIS SUBTITLE: 17
(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN 18
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 19
(2) IS SUBJECT TO THE ENF ORCEMENT AND PENALTY PROVISIONS 20
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT § 13–411 OF 21
THE COMMERCIAL LAW ARTICLE. 22
(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO A CIVIL 23
PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION. 24
8–2A–11. 25
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL 26
ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29