(a) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age: (1) refuse, or refuse to negotiate, to sell, broker, appraise, lease, sublease, rent, assign, or otherwise transfer the title, leasehold, or other interest in any housing; (2) represent that housing is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available; (3) otherwise deny or withhold any housing from any person; (4) include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of that housing; or (5) discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person. *(b) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age, discriminate in: (1) lending or brokering money; (2) guaranteeing, servicing, or purchasing loans; (3) accepting a deed of trust or mortgage; (4) making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing; (5) fixing the rates, terms, conditions, or provisions of any financial assistance; or (6) extending any other service in connection with housing finance. (b) A lending institution must not because of race, color, religious creed, ancestry, national origin, sex marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, or age, discriminate in: (1) lending money; (2) guaranteeing loans; (3) accepting a deed of trust or mortgage; (4) making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing; (5) fixing the rates, terms, conditions, or provisions of any financial assistance; or (6) extending any other service in connection with housing finance. *(c) Without limiting the general application of Subsection (b), a person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age: (1) Engage in steering, which means: (A) restricting or attempting to restrict a person’s choices because of factors other than a person’s income or credit level in connection with seeking, negotiating, buying, or renting a dwelling, including seeking a mortgage loan for a dwelling; (B) discouraging a person from a particular mortgage loan with more favorable terms if the person may qualify for that particular mortgage loan; (C) directing a person away from a housing or mortgage loan product, program, or service with more favorable terms if the person may qualify for that particular product, program, or service; or (D) offering less favorable mortgage loan terms than would otherwise be offered; (2) Make available a mortgage loan which: (A) includes the financing of single premium credit life insurance; (B) provides for excessive upfront points, excessive fees, or excessive prepayment penalties; or (C) provides compensation paid directly or indirectly to a person from any source. (d) (1) A person must not: (A) publish or circulate, or cause to be published or circulated, any housing notice, statement, listing, or advertisement; (B) announce a policy, or use any form of application for the purchase, lease, rental, or financing of any housing; or (C) make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any housing; indicating that race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age could influence or affect any act described in subsections (a), (b), and (c).* (2) This subsection does not prohibit: (A) use of a logo or other means of advertising that housing is suitable or adapted to use by persons with a disability; or (B) keeping records or making reports required by federal, State, or County law. (e) A person must not: (1) assist in, compel, or coerce any discriminatory practice under this subdivision, (2) obstruct or prevent enforcement or compliance with this subdivision, or (3) attempt directly or indirectly to commit any discriminatory practice under this subdivision. (f) A person must not: (1) directly or indirectly induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, sex, color, religious creed, ancestry, national origin, disability, source of income, sexual orientation, gender identity, age, the presence of children, or family responsibilities. (2) promote, induce, influence, or attempt to promote, induce, or influence by the use of postal cards, letters, circulars, telephone, visitation, or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer, or otherwise dispose of any housing having the effect of inciting neighborhood unrest or community tension in any street, block, neighborhood, or any other area by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing. (3) make or cause another person to make a statement or in any other manner attempt to incite neighborhood unrest or community tension in any street, block, neighborhood, or any other area to obtain a listing of any housing for sale, rental, assignment, transfer, or other disposition by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing where the statement is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement. (4) make any representation to any prospective purchaser or lessee that any housing in a particular block, neighborhood, or area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious, nationality, presence of children, family responsibilities, source of income, disability, sex, sexual orientation, gender identity, age, or ethnic composition. (5) place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition. (6) induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age in the area will or may result in: (A) lower property values; (B) increased criminal or antisocial behavior in the area; or (C) a decline in quality of the schools serving the area. (7) induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, sexual orientation, gender identity, presence of children, family responsibilities, source of income, or national origin in the area will or may result in a change in the racial, color, religious, age, nationality, or ethnic composition of the block, neighborhood, or area where the property is located. (g) A person must not retaliate against a person for: (1) lawfully opposing any discriminatory practice under this subdivision, or (2) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision. (h) A person, must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age deny any other person: (1) access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing in the County, or (2) discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing. (i) A person must not discriminate against a person with a disability in the sale or rental of housing such as by: (1) refusing to allow a person with a disability to make reasonable modifications to existing premises that the person does or would occupy, despite the person’s willingness and ability to pay for the modifications, and reasonably restore any interior modification upon vacating, if the modifications are necessary to provide full enjoyment of the premises; or (2) refusing to make reasonable accommodations necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

(a) A notice prepared by the Commission, summarizing this subdivision and explaining how to file a complaint, must be posted in a conspicuous place by: (1) each real estate broker, real estate salesperson, real estate appraiser, and lending institution where the terms of a sale, lease, or appraisal of real estate is normally negotiated; and (2) each person who operates a multi-unit residential building that contains more than 2 dwelling units where the rental of a dwelling unit is normally negotiated. (b) A real estate broker, real estate salesperson, or person who owns or manages a building containing 2 or more rental dwelling units must submit to the Commission whatever reports relating to housing under the person's control that the Commission decides is necessary to carry out this subdivision. A person must not provide false information in a report. The identity of persons and housing contained in reports submitted under this Section must be confidential. (c) Every person subject to subsection (b) must prepare and retain for a period of 120 days from the date of submission to them all applications for rental of housing and any other records that Commission regulations require for filing reports under subsection (b). (d) A violation of this section is a class A violation. Each month that a violation continues to exist constitutes a separate offense. The Commission is responsible for enforcing this section.

(a) This division does not apply to: (1) The rental or leasing of a part of a dwelling in which the owner is residing; provided, that the dwelling must continue to be used by the owner thereof as a bona fide residence for the owner and any member of the owner’s family; provided further, that the dwelling does not contain more than two (2) rental or leasing units. (2) The rental or leasing of a dwelling by any religious corporation, association, or society to a person of a particular religion whose rental or leasing therein is connected with the carrying on by such corporation, association, or society of its purely religious activities. (b) The prohibitions in this division against discriminating on account of age, the presence of children, or family responsibilities do not apply to any: (1) Housing for the elderly that is required by federal, state, county, or municipal law to restrict occupancy to individuals of a minimum age and other members of their household over 18 years old; (2) Housing whose declaration, bylaws, charter, or other incorporating documents restrict that housing to occupancy by individuals 62 years old or older and other members of their household over 18 years old; (3) Retirement community located in a planned retirement community zone as defined in section 59-C-7.4; (4) Housing that the Commission finds limited occupancy to adults on or before February 5, 1984; and (5) Housing, subsidized in whole or in part by the county, that provides: (A) Housing for adults and children who are undergoing a transition in their lives because of a change in their family relationships; (B) Child care services; (C) Career guidance; and (D) Counseling services. (c) The provisions of this division do not require a person to: (1) Violate or contribute to the violation of laws restricting the occupancy of a dwelling unit to a maximum number of people; or (2) Enter into a contract with a person under the age of eighteen (18) years. (d) The prohibitions in this division against discriminating because of source of income do not prohibit: (1) (A) a commercially reasonable verification of a source and amount of income, or (B) a commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income; or (2) (A) except as provided in Section 27-15A, the eviction of or refusal to rent to any person because of that person or a family member's drug-related criminal activity or violent criminal activity, or (B) the refusal to consider income derived from any criminal activity.

(a) Whenever it appears that the holder of a license or franchise issued by any agency or authority of the state or county is a person found to be after proper hearing in violation of this division, the commission may take such action it deems advisable or desirable, notwithstanding any other action it may take or may have taken under the authority of this division, and may refer to the proper licensing agency or authority the facts and identities of all persons involved in that finding for such action as the agency or authority in its judgment considers appropriate based upon the facts thus disclosed to it. (b) Nothing in this division shall be deemed to relieve any agency or authority of the state or county of its obligation to take immediate and independent action regarding a matter filed with it that also may be the subject of a complaint filed with the commission. (c) If a complaint is filed against a person licensed by the state real estate commission and the Director finds that reasonable grounds exist to believe the law has been violated, the Director must promptly transmit a copy of the Director’s findings and the complaint to the real estate commission for such action as the commission considers appropriate. The Director must promptly forward to the real estate commission the final disposition of any complaint previously forwarded to the commission. (a) that employee retains all merit system rights; and (b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

(a) Definitions. As used in this Section: Applicant means a person who applies to lease or rent housing in the County. Applicant includes any person who resides or will reside with a person who applies to lease or rent housing in the County. Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. Conditional offer means an offer of housing conditioned solely on: (1) the results of an inquiry into the applicant’s criminal record; or (2) another contingency expressly communicated to the applicant at the time of the offer. Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation. Criminal record report means a record of a person’s arrest and conviction history obtained from any source. Housing provider means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity offering to sell, rent, or provide housing in the County. Housing provider includes the County government, but does not include the United States, any State, or any other local government. Housing provider does not include a lessor of property under Section 27-14(a) or a lessor of an accessory dwelling unit. Inquiry or inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Inquiry or inquire does not include a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question. Pending criminal accusation means an existing written accusation that an individual has committed a crime, in the form of an indictment or information under the Criminal Procedure Article of the Maryland Code. (b) Transparency of criminal history and credit requirements in rental applications. (1) A housing provider must disclose in any rental application: (A) the processes the provider uses to inquire into the criminal history and credit history of an applicant; and (B) requirements of the provider regarding an applicant’s credit history and criminal record report. (2) The housing provider must not alter the processes and requirements under paragraph (1) for an applicant whose application is pending. (3) A housing provider must retain for one year from the date of the rental application a copy of each applicant’s completed statement or addendum as required under Section 29-28(h)(2) that details the process under paragraph (1). Upon request, the addendum may be subject to inspection and review by the Director of the Office of Human Rights. (c) Criminal records inquiry on application. A housing provider must not require an applicant to disclose on a rental application the existence or details of the applicant’s arrest record or conviction record. (d) Preliminary inquiry into criminal record. A housing provider must not, at any time before the extension of a conditional offer to the applicant: (1) require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime; (2) conduct a criminal record check regarding the applicant; or (3) inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime. (e) Prohibition against inquiry into certain criminal records. A housing provider must not at any time require an applicant to disclose, conduct a criminal record check solely to determine, or otherwise inquire of the applicant or others, whether: (1) the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or (2) the applicant has an arrest record or a conviction record for, or otherwise has been accused of: (A) trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code; (B) theft as a misdemeanor under § 7-104 of the Criminal Law Article of the Maryland Code; (C) a refusal or failure to leave public buildings or grounds under § 6-409 of the Criminal Article of the Maryland Code; (D) indecent exposure under § 11-107 of the Criminal Article of the Maryland Code; (E) public urination under § 32-17-A of this Code; (F) an open container violation under § 10-125 of the Criminal Law Article of the Maryland Code; (G) possession of marijuana as a misdemeanor or civil violation under Title 5 of the Criminal Article of the Maryland Code; (H) a first conviction of disturbance of the peace or disorderly conduct under § 10-201 of the Criminal Law Article of the Maryland Code; (I) a vehicle law violation under the Transportation Article of the Maryland Code; (J) except as provided in subsection (g), a conviction of a misdemeanor if at least 2 years have passed since: (i) the date of the conviction; and (ii) the date that any period of incarceration for the misdemeanor ended; or (K) a matter for which records: (i) are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or (ii) have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code. (f) Consideration of Certain Records Prohibited. Except as provided in subsection (g), a housing provider must not base a rental decision upon any item in an arrest record or a conviction record described under subsection (e). (g) Consideration of Sex Crimes Permitted. A landlord may: (1) inquire into a pending criminal accusation or a conviction record for: (A) a crime of a sexual nature under Title 3 of the Criminal Law Article of the Maryland Code; or (B) a violation of Sections 11-102, 11-103, 11-104, 11-305, or of Title 11, Subtitle 3, of the Criminal Law Article of the Maryland Code; (2) inquire into an applicant’s presence on a sex offender registry; and (3) base a rental decision upon a pending criminal accusation or a conviction record under paragraph (1) of this subsection, or upon an applicant’s presence on a sex offender registry. (h) Rescission of a conditional offer based on criminal record. (1) If a housing provider intends to rescind a conditional offer based on an item or items in the applicant’s criminal record report, before rescinding the conditional offer the provider must: (A) provide the applicant with a copy of any criminal record report; (B) notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and (C) delay rescinding the conditional offer for 7 days to permit the applicant to give the housing provider notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based. (2) If a housing provider decides to rescind a conditional offer based upon the criminal record report of an applicant, the provider must notify the applicant of the rescission of the conditional offer in writing. (i) Retaliation. A housing provider must not: (1) retaliate against any person for: (A) lawfully opposing any violation of this Section; or (B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Section; or (2) obstruct or prevent enforcement or compliance with this Section. (j) A person aggrieved by an alleged violation of this Section may file a complaint with the Director of the Officer of Human Rights under Section 27-7. (k) The County Executive: (1) may adopt Method (2) regulations to implement the provisions of this Section; and (2) must endeavor to inform prospective applicants and housing providers of their rights and responsibilities under this Section. (l) Exemption. The prohibitions and requirements of this Section do not apply if the inquiries prohibited by this Article are expressly required by an applicable federal or State law or regulation. (m) Posting of disclosure notice - required. (1) A housing provider must post a disclosure statement regarding an application for rental housing: (A) on a website operated and controlled by the housing provider; and (B) in an obvious and conspicuous place of a leasing office available for tenants. (2) The disclosure statement under this subsection must read: “In accordance with Section 27-15A of the Montgomery County Code, a housing provider may not ask questions related to criminal arrest or a conviction before a conditional offer for rent is made to an applicant unless otherwise permitted by law.” (n) Inspection of rental application. Each quarter during a calendar year, the Director must randomly conduct an inspection of completed rental applications submitted by an applicant to a landlord for any licensed rental building that has 10 or more units to ensure compliance with this Chapter. Failure of an owner to provide the dated and signed rental application with its contents for review may be considered a violation of this Chapter. (o) Annual reporting. By October 1 of each year, the Director of Office of Human Rights, must coordinate with the Director of Department of Housing and Community Affairs, to provide an annual report to the County Council that includes disaggregated data on the following: (1) the number of complaints received by the Office of Human Rights regarding the denial of a rental application by a housing provider; (2) the specific reason an application under paragraph (1) was denied; (3) the number of complaints filed with the Office of Human Rights for failure to comply with this Section; (4) the number of complaints filed under this Section compared to other types of discriminatory complaints received by the Office of Human Rights; (5) summary findings of the inspections performed under subsection (n); and (6) any other related data pertinent to this Act.