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SB0937 • 2026

Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

Housing
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Henson
Last action
2026-05-26
Official status
Approved by the Governor - Chapter 752
Effective date
2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

Prohibiting a landlord from requiring or requesting from a prospective tenant certain information relating to criminal history and prohibiting a landlord from considering certain information when evaluating the prospective tenant; permitting a landlord to consider certain criminal history information prior to extending a conditional offer to a prospective tenant; and requiring the landlord to consider certain information provided by a prospective tenant relating to a criminal history records check; etc.

What This Bill Does

  • Prohibiting a landlord from requiring or requesting from a prospective tenant certain information relating to criminal history and prohibiting a landlord from considering certain information when evaluating the prospective tenant; permitting a landlord to consider certain criminal history information prior to extending a conditional offer to a prospective tenant; and requiring the landlord to consider certain information provided by a prospective tenant relating to a criminal history records check; etc.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

223521/1

None • Delegate Schmidt

Floor Amendment { 223521/1 (Delegate Schmidt) Rejected (34-101)

Plain English: AMENDMENT TO SENATE BILL 937 (Third Reading File Bill) On page 7, in line 1, strike “ CONVICTION” and substitute “ CONCLUSION OF INCARCERATION OR PROBATION”.

  • AMENDMENT TO SENATE BILL 937 (Third Reading File Bill) On page 7, in line 1, strike “ CONVICTION” and substitute “ CONCLUSION OF INCARCERATION OR PROBATION”.
  • SB0937/223521/1 BY: Delegate Schmidt
743728/1

None

Favorable with Amendments { 743728/1 Adopted

Plain English: AMENDMENTS TO SENATE BILL 937 (Third Reading File Bill) AMENDMENT NO.

  • AMENDMENTS TO SENATE BILL 937 (Third Reading File Bill) AMENDMENT NO.
  • 1 On page 1, strike beginning with “requiring” in line 19 down through “Act;” in line 24.
  • On page 2, strike in their entirety lines 1 through 15, inclusive; in line 28, strike “8–2A–13” and substitute “8–2A–12”.
  • AMENDMENT NO.
963321/1

None • Delegate Charkoudian

Floor Amendment { 963321/1 (Delegate Charkoudian) Adopted

Plain English: AMENDMENT TO SENATE BILL 937 (Third Reading File Bill) On page 3, in line 20, strike the brackets; and in the same line, strike “3”.

  • AMENDMENT TO SENATE BILL 937 (Third Reading File Bill) On page 3, in line 20, strike the brackets; and in the same line, strike “3”.
  • SB0937/963321/1 BY: Delegate Charkoudian
973928/1

None

Favorable with Amendments { 973928/1 Adopted

Plain English: AMENDMENTS TO SENATE BILL 937 (First Reading File Bill) AMENDMENT NO.

  • AMENDMENTS TO SENATE BILL 937 (First Reading File Bill) AMENDMENT NO.
  • 1 On page 1, in line 19, strike “Attorney General” and substitute “Office of Tenant and Landlord Affairs”; and in line 21, strike “Attorney General’s website” and substitute “website of the Office of Tenant and Landlord Affairs”.
  • On page 2, in line 23, strike “8–2A–11” and substitute “8–2A–13”.
  • AMENDMENT NO.

Bill History

  1. 2026-05-26 Post Passage

    Approved by the Governor - Chapter 752

  2. 2026-04-11 House

    Favorable with Amendments Report by Economic Matters

  3. 2026-04-02 House

    Hearing canceled

  4. 2026-04-02 House

    Hearing 4/02 at 1:30 p.m.

  5. 2026-04-02 House

    Hearing canceled

  6. 2026-04-02 House

    Hearing 4/02 at 2:30 p.m.

  7. 2026-03-30 House

    Floor Amendment { 963321/1 (Delegate Charkoudian) Adopted

  8. 2026-03-30 House

    Floor Amendment { 223521/1 (Delegate Schmidt) Rejected (34-101)

  9. 2026-03-30 House

    Third Reading Passed with Amendments (97-36)

  10. 2026-03-27 House

    Favorable with Amendments { 743728/1 Adopted

  11. 2026-03-27 House

    Second Reading Passed with Amendments

  12. 2026-03-27 Senate

    Senate Concurs House Amendments

  13. 2026-03-27 Senate

    Third Reading Passed (31-13)

  14. 2026-03-27 Senate

    Passed Enrolled

  15. 2026-03-26 House

    Hearing 4/02 at 1:00 p.m.

  16. 2026-03-20 Senate

    Favorable with Amendments Report by Judicial Proceedings

  17. 2026-03-11 House

    Referred Economic Matters

  18. 2026-03-06 Senate

    Third Reading Passed (32-10)

  19. 2026-03-05 Senate

    Favorable with Amendments { 973928/1 Adopted

  20. 2026-03-05 Senate

    Second Reading Passed with Amendments

  21. 2026-02-12 Senate

    Hearing 3/11 at 1:00 p.m.

  22. 2026-02-06 Senate

    First Reading Judicial Proceedings

  23. Maryland General Assembly

    Text - First - Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

  24. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

  25. Maryland General Assembly

    Text - Third - Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

  26. Maryland General Assembly

    Vote - House - Committee - Economic Matters

  27. Maryland General Assembly

    Text - Enrolled - Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

Official Summary Text

Prohibiting a landlord from requiring or requesting from a prospective tenant certain information relating to criminal history and prohibiting a landlord from considering certain information when evaluating the prospective tenant; permitting a landlord to consider certain criminal history information prior to extending a conditional offer to a prospective tenant; and requiring the landlord to consider certain information provided by a prospective tenant relating to a criminal history records check; etc.

Current Bill Text

Read the full stored bill text
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.
Italics indicate opposite chamber/conference committee amendments.
*sb0937*

SENATE BILL 937
N1, I3 (6lr3565)
ENROLLED BILL
— Judicial Proceedings/Economic Matters —
Introduced by Senator Henson

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.

______________________________________________
President.

CHAPTER ______

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 conditional 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 extending 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 property to an individual with a criminal record or the decision of a 15
2 SENATE BILL 937

landlord not to conduct a criminal history records check is not the basis of a claim 1
against a lan dlord; requiring the Office of Tenant and Landlord Affairs in the 2
Department of Housing and Community Development to develop and publish a 3
certain model document; requiring the Attorney General Office of Tenant and 4
Landlord Affairs to collect and maintain certain data and publish certain 5
information relating to collected data annually on the Attorney General’s website 6
website of the Office of Tenant and Landlord Affairs ; making a violation of this Act 7
an unfair, abusive, or deceptiv e trade practice subject to enforcement and certain 8
penalties under the Maryland Consumer Protection Act; and generally relating to 9
the use of criminal history records checks in residential leasing. 10

BY repealing and reenacting, with amendments, 11
Article – Commercial Law 12
Section 13–301(14)(xlvii) 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15

BY repealing and reenacting, without amendments, 16
Article – Commercial Law 17
Section 13–301(14)(xlviii) 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20

BY adding to 21
Article – Commercial Law 22
Section 13–301(14)(xlix) 23
Annotated Code of Maryland 24
(2025 Replacement Volume) 25

BY repealing and reenacting, without amendments, 26
Article – Real Property 27
Section 8–218(a) 28
Annotated Code of Maryland 29
(2023 Replacement Volume and 2025 Supplement) 30

BY repealing and reenacting, with amendments, 31
Article – Real Property 32
Section 8–218(b) 33
Annotated Code of Maryland 34
(2023 Replacement Volume and 2025 Supplement) 35

BY adding to 36
Article – Real Property 37
Section 8–2A–01 through 8–2A–11 8–2A–13 8–2A–12 to be under the new subtitle 38
“Subtitle 2A. Discriminatory Use of Criminal History in Residential Leasing” 39
Annotated Code of Maryland 40
(2023 Replacement Volume and 2025 Supplement) 41
SENATE BILL 937 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Commercial Law 3

13–301. 4

Unfair, abusive, or deceptive trade practices include any: 5

(14) Violation of a provision of: 6

(xlvii) Title 14, Subtitle 50 of this article; [or] 7

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 8

(XLIX) TITLE 8, SUBTITLE 2A OF THE REAL PROPERTY 9
ARTICLE; OR 10

Article – Real Property 11

8–218. 12

(a) In this section, “reusable tenant scre ening report” means a report prepared 13
within the previous 30 days by a consumer reporting agency at the request and expense of 14
a prospective tenant and made directly available to a prospective landlord at no charge for 15
use in the rental application process. 16

(b) A reusable tenant screening report shall contain the following information 17
regarding a prospective tenant: 18

(1) A credit report; 19

(2) For each jurisdiction indicated as a prior residence of the prospective 20
tenant, regardless of whether the residence is reported by the prospective tenant or by a 21
consumer reporting agency preparing a consumer report: 22

(i) [A] SUBJECT TO SUBTITLE 2A OF THIS TITLE , A 23
comprehensive criminal history records check for all federal, state, and local charges 24
against and convictions of the prospective tenant over the previous [7] 3 years; and 25

(ii) A comprehensive eviction history for all state and local 26
jurisdictions for the previous 7 years; 27

(3) Verification of employment and income; and 28

4 SENATE BILL 937

(4) Current address and rental history. 1

SUBTITLE 2A. DISCRIMINATORY USE OF CRIMINAL HISTORY IN RESIDENTIAL 2
LEASING. 3

8–2A–01. 4

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(B) “CONDITIONAL OFFER ” MEANS AN OFFER TO LE ASE A RESIDENTIAL 7
PROPERTY TO A PROSPECTIVE TENANT THAT IS CONTINGENT O N A SUBSEQUENT 8
INQUIRY INTO THE PROSPECTIVE TENANT’S CRIMINAL HISTORY. 9

(C) “CRIMINAL HISTORY RECORDS” HAS THE MEANING STATED IN § 10–239 10
OF THE CRIMINAL PROCEDURE ARTICLE. 11

8–2A–02. 12

(A) THIS SUBTITLE APPLIES ONLY TO A LANDLORD T HAT MANAGES OR 13
OWNS FIVE OR MORE RE SIDENTIAL RENTAL UNITS IN THE STATE, INCLUDING ANY 14
RESIDENTIAL RENTAL UNITS THAT THE LANDLORD OWNS OR CONTROLS: 15

(1) IN WHOLE OR IN PART; 16

(2) DIRECTLY OR INDIRECTLY; OR 17

(3) THROUGH ONE OR MORE LEGAL ENTITIES. 18

(B) THIS SUBTITLE DOES NO T APPLY TO OWNER –OCCUPIED RESIDENTIAL 19
RENTAL UNITS. 20

8–2A–02. 8–2A–03. 21

A LANDLORD THAT CONDUC TS A CRIMINAL HISTOR Y RECORDS CHECK IN 22
ACCORDANCE WITH THIS SUBTITLE SHALL DO SO FOR EVERY PROSPECTIVE TENANT. 23

8–2A–03. 8–2A–04. 24

(A) A LANDLORD MAY NOT: 25

(1) REQUIRE A PROSPECTIVE TENANT TO SUBMIT TO A DRUG OR 26
ALCOHOL TEST; OR 27

SENATE BILL 937 5

(2) REQUEST OR REQUIRE A PROSPECTIVE TENANT TO CONSENT TO 1
THE RELEASE OF INFOR MATION ABOUT THE PRO SPECTIVE TENANT FROM A 2
PROGRAM FOR THE PREVENTION AND TREATMENT OF SUBSTANCE USE DISORDERS. 3

(B) BEFORE ACCEPTING AN A PPLICATION FEE , A LANDLORD SHALL 4
PROVIDE IN WRITING TO A PROSPECTIVE TENANT: 5

(1) NOTICE REGARDING THE USE OF A CRIMINAL HISTORY RECORDS 6
CHECK IN DETERMINING ELIGIBILITY FOR LEASING, INCLUDING A STATEMENT THAT 7
CONVICTION FOR A CRIME LISTED IN § 8–2A–05 §§ 8–2A–05 AND 8–2A–06 OF THIS 8
SUBTITLE MAY BE CONSIDERED BY THE LANDLORD ONLY AFTER THE EXTENSION OF 9
A CONDITIONAL OFFER; AND 10

(2) INFORMATION ON THE ABILITY OF THE PROSPECTIVE TENANT, IN 11
RESPONSE TO A CRIMIN AL HISTORY RECORDS C HECK, TO PROVIDE EVIDENCE 12
DEMONSTRATING: 13

(I) INACCURACIES IN THE T ENANT’S CRIMINAL HISTORY 14
RECORDS; 15

(II) EVIDENCE OF REHABILITATION; AND 16

(III) MITIGATING FACTORS. 17

(C) A LANDLORD SHALL NOTIF Y A PROSPECTIVE TENA NT THAT AN 18
INDIVIDUALIZED ASSESSMENT WILL BE CONDUCTED. 19

8–2A–04. 8–2A–05. 20

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 21
BEFORE EXTENDING A C ONDITIONAL OFFER TO A PROSPECTIVE TENANT , A 22
LANDLORD MAY NOT: 23

(I) REQUEST OR REQUIRE TH E PROSPECTIVE TENANT TO 24
DISCLOSE IN A HOUSING APPLICATION WHETHER THE PROSPECTIVE TENANT HAS A 25
CRIMINAL HISTORY OR HAS BEEN ACCUSED OF OR CHARGED WITH ANY CRIMES; OR 26

(II) MAKE AN ORAL OR WRITT EN INQUIRY REGARDING THE 27
CRIMINAL HISTORY OF THE PROSPECTIVE TENANT. 28

(2) A BEFORE EXTENDING A CONDITIONAL OFFER, A LANDLORD MAY 29
REQUIRE INFORMATION REGARDING WHETHER A ON, AND MAY REJECT A 30
6 SENATE BILL 937

PROSPECTIVE TENANT ’S APPLICATION ON THE GROUNDS OF , WHETHER THE 1
PROSPECTIVE TENANT: 2

(I) HAS BEEN CONVICTED OF: 3

1. FOR A POTENTIAL TENANCY IN FEDERALLY ASSISTED 4
HOUSING, MANUFACTURING, DISTRIBUTING, DISPENSING, OR PRODUCING 5
METHAMPHETAMINE ON THE PREMISES OF FEDERALLY ASSISTED HOUSING; 6

2. A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF 7
THE CRIMINAL LAW ARTICLE; 8

3. CHILD PORNOGRAPHY UND ER § 11–207 OF THE 9
CRIMINAL LAW ARTICLE; 10

4. IF THE CONVICTION OCC URRED WITHIN 10 YEARS 11
IMMEDIATELY PRECEDING THE RENTAL APPLICATION: 12

A. 4. MURDER IN THE FIRST D EGREE UNDER § 2–201 OF 13
THE CRIMINAL LAW ARTICLE; OR 14

B. 5. MURDER IN THE SECOND DEGREE UNDER § 2–204 OF 15
THE CRIMINAL LAW ARTICLE; OR 16

5. 6. HUMAN TRAFFICKING UND ER § 3–1102 OF THE 17
CRIMINAL LAW ARTICLE; OR 18

(II) IS SUBJECT TO A LIFET IME REGISTRATION REQ UIREMENT 19
UNDER A STATE SEX OFFENDER REGISTRATION PROGRAM.; OR 20

(III) HAS EVER BEEN SUBJECT TO A REGISTRATION 21
REQUIREMENT UNDER A STATE OR FEDERAL SEX OFFENDER REGISTRATIO N 22
PROGRAM; OR 23

(IV) HAS EVER BEEN CONVICT ED IN ANOTHER STATE OR 24
FEDERAL COURT OF A C RIME WITH THE SAME CRIMINAL ELEMEN TS AS A CRIME 25
LISTED IN THIS SECTION. 26

(B) IN RESPONSE TO THE RE SULTS OF A CRIMINAL HISTORY RECORDS 27
CHECK, A PROSPECTIVE TENANT MAY PROVIDE, AND A LANDLORD SHALL CONSIDER, 28
EVIDENCE DEMONSTRATING: 29

SENATE BILL 937 7

(1) INACCURACIES IN THE P ROSPECTIVE TENANT’S CRIMINAL 1
HISTORY RECORDS; 2

(2) EVIDENCE OF REHABILITATION; AND 3

(3) ANY OTHER MITIGATING FACTORS. 4

8–2A–05. 8–2A–06. 5

(A) AFTER THE EXTENSION O F A CONDITIONAL OFFE R TO A PROSPECTIVE 6
TENANT, A LANDLORD MAY CONDUCT A CRIMINAL H ISTORY RECORDS CHECK AND 7
CONSIDER ONLY THE FOLLOWING CONVIC TIONS AS POTENTIAL G ROUNDS FOR 8
WITHDRAWAL OF THE OFFER: 9

(1) MURDER IN THE FIRST DEGREE UNDER § 2–201 OF THE CRIMINAL 10
LAW ARTICLE; ANY FELONY CONVICTION UNDER THE CRIMINAL LAW ARTICLE IF 11
THE CONVICTION OCCUR RED WITHIN 5 YEARS IMMEDIATELY PR ECEDING THE 12
RENTAL APPLICATION; OR 13

(2) HUMAN TRAFFICKING UND ER § 3–1102 OF THE CRIMINAL LAW 14
ARTICLE; ANY CONVICTIONS LISTE D IN § 8–2A–05 OF THIS SUBTITLE THA T THE 15
PROSPECTIVE TENANT HAS NOT PREVIOUSLY DISCLOSED.; OR 16

(3) ANY CONVICTION IN ANO THER STATE COURT OR A FEDERAL 17
COURT OF A CRIME WIT H THE SAME ELEMENTS AS A FELONY IN THE STATE, IF THE 18
CONVICTION OCCURRED WITHIN 5 YEARS IMMEDIATELY PR ECEDING THE RENTAL 19
APPLICATION. 20

(3) ANY CRIME RESULTING I N LIFETIME REGISTRAT ION IN A STATE 21
SEX OFFENDER REGISTRY; AND 22

(4) IF THE CONVICTION OCC URRED WITHIN 3 YEARS IMMEDIATELY 23
PRECEDING THE CONDITIONAL OFFER: 24

(I) A SEXUAL OFFENSE UNDER TITLE 3, SUBTITLE 3 OF THE 25
CRIMINAL LAW ARTICLE; 26

(II) CHILD PORNOGRAPHY UNDER § 11–207 OF THE CRIMINAL 27
LAW ARTICLE; 28

(III) KIDNAPPING UNDER § 3–502 OF THE CRIMINAL LAW 29
ARTICLE; 30

8 SENATE BILL 937

(IV) ARSON UNDER §§ 6–102 AND 6–103 OF THE CRIMINAL LAW 1
ARTICLE; 2

(V) ASSAULT IN THE FIRST DEGREE UNDER § 3–202 OF THE 3
CRIMINAL LAW ARTICLE; 4

(VI) BURGLARY IN THE FIRST DEGR EE UNDER § 6–202 OF THE 5
CRIMINAL LAW ARTICLE; 6

(VII) MANUFACTURING A CONTROLLED DANGEROUS SUBSTANCE 7
UNDER § 5–612 OF THE CRIMINAL LAW ARTICLE; AND 8

(VIII) FELONY FRAUD. 9

(B) A LANDLORD MAY WITHDRA W A CONDITIONAL OFFE R BASED ON A 10
PROSPECTIVE TENANT ’S CRIMINAL HISTORY R ECORDS CHECK ONLY IF THE 11
LANDLORD DETERMINES THAT THE WITHDRAWAL IS NECESSARY TO FULF ILL A 12
SUBSTANTIAL, LEGITIMATE, AND NONDISCRIMINATORY INTEREST. 13

(C) IF A LANDLORD WITHDRA WS A CONDITIONAL OFF ER, THE LANDLORD 14
SHALL PROVIDE THE PROSPE CTIVE TENANT WITH WR ITTEN NOTICE OF THE 15
WITHDRAWAL THAT INCLUDES: 16

(1) A SPECIFIC REASON FOR THE WITHDRAWAL OF THE CONDITIONAL 17
OFFER; AND 18

(2) A STATEMENT THAT THE PROSPECTIVE TENANT MAY REQUEST A 19
REASSESSMENT OF THE WITHDRAWAL BY PROVID ING EVIDENCE WRITTEN 20
EVIDENCE, SIGNED UNDER THE PEN ALTY OF PERJURY , TO THE LANDLORD 21
DEMONSTRATING: 22

(I) INACCURACIES IN THE P ROSPECTIVE TENANT’S CRIMINAL 23
HISTORY RECORDS; 24

(II) EVIDENCE OF REHABILITATION; OR 25

(III) ANY OTHER MITIGATING FACTORS. 26

(D) A REASSESSMENT OF THE APPLICATION BY THE LANDLORD FOLLOWING 27
A REQUEST FOR REASSE SSMENT BY THE PROSPE CTIVE TENANT SHALL C ONSIDER 28
THE FOLLOWING FACTORS: 29

(1) THE NATURE AND SEVERITY OF THE CRIMINAL OFFENSE; 30
SENATE BILL 937 9

(2) THE AGE OF THE PROSPE CTIVE TENANT AT THE TIME OF THE 1
OCCURRENCE OF THE CRIMINAL OFFENSE; 2

(3) THE AMOUNT OF TIME TH AT HAS ELAPSED SINCE THE 3
OCCURRENCE OF THE CRIMINAL OFFENSE; 4

(4) ANY INFORMATION PRODUCED BY THE PROSPECTIVE TENANT, OR 5
PRODUCED ON THE PROSPECTIVE TENANT’S BEHALF, REGARDING REHABILITATION 6
AND GOOD CONDUCT SINCE THE CRIMINAL OFFENSE; 7

(5) THE DEGREE TO WHICH T HE CRIMINAL OFFENSE , IF IT 8
REOCCURRED, WOULD NEGATIVELY IMP ACT THE S AFETY OF OTHER TENAN TS OR 9
THE PROPERTY; AND 10

(6) WHETHER THE CRIMINAL OFFENSE OCCURRED ON THE 11
PROPERTY THAT WAS RENTED OR LEASED BY THE PROSPECTIVE TENANT. 12

(E) (1) WITHIN 30 DAYS AFTER THE LANDL ORD’S NOTICE OF 13
WITHDRAWAL OF THE CO NDITIONAL OFFER , THE P ROSPECTIVE TENANT MA Y 14
REQUEST THAT THE LAN DLORD PROVIDE A COPY OF ALL INFORMATION T HAT THE 15
LANDLORD RELIED ON I N CONSIDERING THE PR OSPECTIVE TENANT , INCLUDING 16
CRIMINAL HISTORY RECORDS. 17

(2) WITHIN 10 DAYS AFTER RECEIPT O F A TIMELY REQUEST , THE 18
LANDLORD SHALL PROVIDE THE INFORMATION REQUESTED UNDER PARAGRAPH (1) 19
OF THIS SUBSECTION. 20

8–2A–06. 8–2A–07. 21

(A) A UNLESS REQUIRED BY FE DERAL LAW , A LANDLORD MAY NOT 22
KNOWINGLY OR INTENTI ONALLY PUBLISH OR CA USE TO BE PUBLISHED ANY 23
ADVERTISEMENT THAT E XPRESSLY STATES THAT THE LANDLORD WILL NO T 24
CONSIDER A PROSPECTIVE TENANT WHO HAS BEEN ARRESTED OR CONVICTED OF A 25
CRIME. 26

(B) A UNLESS REQUIRED BY FEDERAL LAW, A LANDLORD MAY NOT PUBLISH 27
OR DISTRIBUTE ANY ST ATEMENT, ADVERTISEMENT, PUBLICATION, OR SIGN , USE 28
ANY FORM OF LEASE AP PLICATION, OR MAKE ANY INQUIRY IN CONNECTION WITH 29
THE PROSPECTIVE RENT AL, LEASE, OR SUBLEASE OF REAL PROPERTY THAT 30
EXPRESSES, DIRECTLY OR INDIRECTLY, A LIMITATION OR SPECIFICATION RELATING 31
TO CRIMINAL HISTORY RECORDS THAT IS INCONSISTENT WITH THE REQUIREMENTS 32
OF THIS SUBTITLE. 33
10 SENATE BILL 937

(C) UNLESS OTHERWISE REQUIRED BY LAW, A LANDLORD MAY NOT: 1

(1) DISTRIBUTE OR DISSEMI NATE A PROSPECTIVE T ENANT’S 2
CRIMINAL HISTORY RECORDS TO ANY PERSON W HO IS NOT EXPECTED T O USE THE 3
CRIMINAL HISTORY REC ORDS FOR THE PURPOSE OF EVALUATING THE 4
PROSPECTIVE TENANT IN A MANNER CONSISTENT WITH THIS SUBTITLE; OR 5

(2) USE A PROSPECTIVE TEN ANT’S CRIMINAL HISTORY F OR A 6
PURPOSE THAT IS INCONSISTENT WITH THIS SUBTITLE. 7

8–2A–07. 8–2A–08. 8

A LANDLORD’S DECISION TO LEASE A RESIDENTIAL DWELLI NG UNIT TO AN 9
INDIVIDUAL WITH A CR IMINAL HISTORY , OR THE LANDLORD ’S DECISION NOT TO 10
OBTAIN A CRIMINAL HISTORY RECORDS CHECK, MAY NOT BE THE BASIS FOR A CLAIM 11
AGAINST THE LANDLORD. 12

8–2A–08. 8–2A–09. 13

(A) THE OFFICE OF TENANT AND LANDLORD AFFAIRS IN THE 14
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL DEVELOP AND 15
PUBLISH ON THE OFFICE’S WEBSITE A MODEL NO TICE DOCUMENT FOR US E BY 16
LANDLORDS UNDER THIS SUBTITLE. 17

(B) THE MODEL NOTICE DESC RIBED IN SUBSECTION (A) OF THIS SECTION 18
SHALL INCLUDE: 19

(1) LANGUAGE FOR USE BY A LANDLORD TO ADVISE A PROSPECTIVE 20
TENANT THAT THE LANDLORD HAS WITHDRAWN A CONDITIONAL OFFER OR TAKEN 21
AN ADVERSE HOUSIN G ACTION BASED ON TH E PROSPECTIVE TENANT ’S CRIMINAL 22
HISTORY; AND 23

(2) LANGUAGE NOTIFYING THE PROSPECTIVE TENANT OF: 24

(I) THE RIGHT OF THE PROS PECTIVE TENANT TO RE QUEST A 25
COPY OF ALL INFORMAT ION ON WHICH THE LAN DLORD RELIED IN REAC HING A 26
DECISION, INCLUDING INFORMATION FROM CRIMINAL HISTORY RECORDS; AND 27

(II) THE PROSPECTIVE TENANT’S RIGHT TO FILE A CO MPLAINT 28
UNDER § 13–401 OF THE COMMERCIAL LAW ARTICLE. 29

8–2A–09. 8–2A–10. 30
SENATE BILL 937 11

(A) THE OFFICE OF THE ATTORNEY GENERAL TENANT AND LANDLORD 1
AFFAIRS SHALL COLLECT AND MA INTAIN THE FOLLOWING DATA RELATING TO 2
COMPLAINTS FILED UNDER THIS SUBTITLE: 3

(1) THE NUMBER OF COMPLAINTS FILED; 4

(2) DEMOGRAPHIC INFORMATION REGARDING THE COM PLAINANTS, 5
INCLUDING SEX AND RACE; 6

(3) THE NAMES OF LANDLORDS SUBJECT TO A COMPLAINT; 7

(4) THE NUMBER OF INVESTI GATIONS CONDUCTED BY THE 8
ATTORNEY GENERAL; AND 9

(5) THE DISPOSITION OF EACH COMPLAINT. 10

(B) (1) THE ATTORNEY GENERAL OFFICE OF TENANT AND LANDLORD 11
AFFAIRS SHALL PUBLISH ANNUAL LY AND POST ON THE ATTORNEY GENERAL’S 12
WEBSITE WEBSITE OF THE OFFICE OF TENANT AND LANDLORD AFFAIRS 13
INFORMATION ON SUBST ANTIATED COMPLAINTS THAT RESULTED IN THE 14
IMPOSITION OF A CIVIL PENALTY UNDER § 8–2A–10 8–2A–11 OF THIS SUBTITLE. 15

(2) THE ATTORNEY GENERAL OFFICE OF TENANT AND LANDLORD 16
AFFAIRS MAY NOT PUBLISH ANY IDENTIFYING INFORMATION ABOUT A LANDLORD 17
THAT IS THE SUBJECT OF A COMPLAINT IF TH E LANDLORD IS IN GOO D FAITH 18
COMPLIANCE WITH REQUIREMENTS OF THIS SUBTITLE. 19

(3) THE INFORMATION PUBLI SHED UNDER SUBSECTIO N (B)(1) OF 20
THIS SECTION MAY REMAIN O N THE WEBSITE OF THE OFFICE OF TENANT AND 21
LANDLORD AFFAIRS FOR UP TO 5 YEARS. 22

8–2A–10. 8–2A–11. 23

A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO A CIVIL PENA LTY 24
NOT EXCEEDING $500 FOR EACH VIOLATION. 25

(A) A VIOLATION OF THIS SUBTITLE: 26

(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN 27
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 28

12 SENATE BILL 937

(2) IS SUBJECT TO THE ENF ORCEMENT AND PENALTY PROVISIONS 1
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE, EXCEPT § 13–411 OF 2
THE COMMERCIAL LAW ARTICLE. 3

(B) A PERSON WHO VIOLATES THIS SUBTITLE IS SUB JECT TO A CIVIL 4
PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION. 5

8–2A–11. 8–2A–12. 8–2A–11. 6

THIS SUBTITLE SHALL P REEMPT AND SUPERSEDE ANY LOCAL LAW OR 7
ORDINANCE COMPARABLE IN SUBJECT MATTER TO THIS SUBTITLE. 8

8–2A–13. 8–2A–12. 9

THE ATTORNEY GENERAL DEPARTMENT OF HOUSING AND COMMUNITY 10
DEVELOPMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE. 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. 13

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