Subtitle 4 – Enforcement
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 4, § 4-1 (2026)
§ 4-1 Complaints.LinkCopy Citation
(a)By aggrieved person.
(1)
Any person claiming to be aggrieved by an alleged unlawful practice may, by himself or his attorney, make, sign, and file with the Commission a complaint in writing under oath.
(2)
The complaint shall state the name and address of the person alleged to have committed the unlawful practice (hereinafter referred to as the respondent) and the particulars thereof, and contain such information as may be required by the Commission.
(b)By Commission.
Whenever it has reason to believe that any person has been engaged or is engaging in any unlawful practice, the Commission may issue a complaint.
(c)By employer of violator.
Any respondent whose employees refuse or threaten to refuse to comply with the provisions of <cite data-path="|4">this article</cite> may, by himself or his attorney, file with the Commission a written complaint under oath asking for assistance by conciliation or other remedial action.
History: Ord. 64-103
Balt., Md., Code art. 4, § 4-2 (2026)
§ 4-2 Investigations.LinkCopy Citation
(a)Referral for investigation.
(1)
After the filing of any complaint, the Director shall consider such complaint and, if deemed appropriate, shall refer the complaint to the appropriate section of the Commission’s staff for prompt investigation.
(2)
The Chair of the Commission shall not sit on any hearing panel involving any complaint initiated by the Commission.
(b)Findings of fact.
The results of all investigations shall be reduced to written findings of fact.
(c)Probable cause — conference.
(1)
If the finding is made that there is probable cause for believing that an unlawful practice has been or is being committed, the Commission’s staff shall immediately endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion.
(2)
Where the unlawful practice pertains to employment, the Commission’s staff shall be authorized to require as a condition, the elimination of the unlawful practice, upgrading, or reinstatement of the employee discriminated against, with or without back pay, hiring, or acceptance in any respondent labor organization, as the situation may warrant.
(d)Probable cause — written agreement or finding.
(1)
If an agreement is reached for the elimination of such unlawful practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the Commission setting forth the terms of said agreement. No order shall be entered by the Commission at this stage of the proceedings except upon such written agreement.
(2)
If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent.
(e)No probable cause — appeal by complainant.
(1)
If the finding is made that there is no probable cause, said finding shall be reduced to writing and a copy promptly mailed by certified mail to the complainant and to the respondent.
(2)
Within 7 days after receipt thereof, the complainant shall have the right to appeal such finding to the Commission by filing a written statement with it.
(f)Confidentiality of proceedings.
Neither the Commission nor its staff shall disclose what has transpired during the course of any investigation; nor shall any publicity be given to any negotiations or to the fact that a complaint has been filed.
History: Ord. 64-103
History: Ord. 77-590
History: Ord. 83-1026
Balt., Md., Code art. 4, § 4-3 (2026)
§ 4-3 Hearings.LinkCopy Citation
(a)Certification to Chair.
In case of failure to reach an agreement for the elimination of such unlawful practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the Chairman of the Commission.
(b)Designation of hearing examiner; notice to respondent.
A hearing examiner who shall not be a member of the Commission shall be designated to hear the complaint and shall cause to be issued and served in the name of the Commission a written notice, together with a copy of the complaint, as the same may have been amended, and a copy of the findings of fact, requiring the respondent to answer the charges of the complaint at a public hearing before the hearing examiner, at a time and place to be specified in the notice.
(c)Answer; attendance at hearing.
The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard and otherwise examine and cross-examine witnesses.
(d)Amendments; testimony.
(1)
The hearing examiner conducting any hearing may permit reasonable amendment to any complaint or answer.
(2)
Testimony at the hearing shall be under oath and recorded.
(e)Decision and order.
(1)
After hearing all the evidence, the hearing examiner shall recommend a decision and an order to be approved by the Commission.
(2)
The Commission shall issue and cause to be served on such respondent an order requiring such respondent to:
(i)
cease and desist from such unlawful practice; and
(ii)
take such affirmative action including (but not limited to) hiring, reinstatement, or upgrading of employees with or without back pay, the sale or rental of the dwelling sought by the complainant, or a similar dwelling, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, where such programs are an established part of an employer’s labor policy, the extension of fair and equal advantages, facilities and privileges to all persons as required by the provisions of <cite data-path="|4">this article</cite>, awarding of compensatory damages to the person aggrieved by such practice, as, in the judgment of the Commission, will effectuate the purposes of <cite data-path="|4">this article</cite>.
(3)
Compensatory damages may include compensation for humiliation, embarrassment, and emotional distress, for expenses incurred in obtaining alternate housing accommodations, and for other expenses incurred by an aggrieved person as a direct result of any unlawful discriminatory practice.
(4)
For a violation of any provision of § 3-5, the Commission may also impose a civil penalty of not more than $1,000, and each day that a violation continues constitutes a separate offense, with maximum amounts assessable as follows:
(i)
in an amount not exceeding $10,000, if the respondent has not been adjudged to have committed any prior discriminatory housing practice;
(ii)
in an amount not exceeding $25,000, if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this complaint; and
(iii)
in an amount not exceeding $50,000, if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this complaint;
except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(f)Standard of proof for monetary awards.
(1)
Any award made for damages compensable under <cite data-path="|4">this article</cite> shall be made only upon reasonable and competent evidence that the damages resulted from the respondent’s unlawful discriminatory act or practice.
(2)
Any award made for expenses compensable under <cite data-path="|4">this article</cite> shall be made only upon the production of documentary evidence of such expenses, including but not limited to bills, receipts, canceled checks, and invoices. An award for any other compensable damages may be made on reasonable and credible testimony and evidence.
(g)Rules and regulations.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt administrative and procedural rules and regulations governing hearings before the hearing examiners.
History: Ord. 64-103
History: Ord. 77-590
History: Ord. 87-981
History: Ord. 90-423
History: Text Conformed 02/12/21
Balt., Md., Code art. 4, § 4-4 (2026)
§ 4-4 Judicial and appellate review.LinkCopy Citation
(a)Judicial review.
In a contested case, a respondent aggrieved by a final decision of the Commission may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
(b)Appellate review.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
History: Ord. 90-423
History: Ord. 04-672
History: Ord. 19-332
Balt., Md., Code art. 4, § 4-5 (2026)
§ 4-5 Public notice of violation.LinkCopy Citation
(a)If no appeal taken.
After public hearing and after the time for judicial appeal has passed without appeal having been taken, the Commission may publish or cause to be published the name of any person who has been found to have engaged in a violation of <cite data-path="|4">this article</cite>.
(b)If appeal taken.
If a respondent takes an appeal from a decision of the Commission, the Commission shall not publish the name of the respondent until the appeal process is exhausted.
History: Ord. 90-423
Balt., Md., Code art. 4, § 4-6 (2026)
§ 4-6 Action by Law DepartmentLinkCopy Citation
(a)Commission may refer to Law Department.
In the event any respondent refuses to comply with an order of the Commission (as to any matter other than those covered by <cite data-path="|4|§2-4|(11)">§ 2-4(11) of this article</cite>) or in the event, at any time after the filing of a complaint the Commission determines that the alleged unlawful practice will have become final and unrectifiable unless restrained, the Commission may certify the matter to the City Law Department.
(b)Law Department to file action.
The City Law Department shall thereupon proceed, in the name of the Mayor and City Council of Baltimore, as soon as reasonably possible, to invoke the aid of an appropriate court to secure compliance with the Commission’s order and with the provisions of <cite data-path="|4">this article</cite>, or to prevent final, unrectifiable accomplishment of a practice designated as unlawful by <cite data-path="|4">this article</cite>, as the case may be.
(c)Decision by court.
The court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter an order enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the Commission.
History: Ord. 64-103
History: Ord. 76-019
History: Ord. 77-590
Balt., Md., Code art. 4, § 4-7 (2026)
§ 4-7 Exhaustion of remedies not required.LinkCopy Citation
Nothing in <cite data-path="|4">this article</cite> shall be construed to require a person to exhaust the administrative remedies provided by <cite data-path="|4">this article</cite> prior to initiating a civil action.
History: Ord. 90-423
Balt., Md., Code art. 4, § 4-8 (2026)
§ 4-8 Violation by broker, etc.LinkCopy Citation
Where a real estate broker, associate real estate broker, real estate operator, or real estate salesperson licensed by the Real Estate Commission of Maryland has failed to comply with an order issued by the Commission or has been found to have committed an unlawful discriminatory housing practice in violation of <cite data-path="|4">this article</cite>, the Commission shall promptly notify in writing the Real Estate Commission of the State of Maryland of said violation or failure to comply.
History: Ord. 90-423