Subdivision 1A. Returning Citizens Fair Chance to Housing

Applicant means any person who applies or intends to apply to lease or rent housing in the County to include any person who resides or will reside with a person who applies to lease or rent housing in the County.

Arrest means 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.

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 to rent or lease a Rental Housing Unit to an Applicant that is contingent on a subsequent inquiry into the applicant's Arrest Record, Conviction Record, Pending Accusation, or any other eligibility criteria that the Housing Provider may lawfully utilize.

Conviction means a sentence arising from a guilty verdict, plea of guilty, plea of nolo contender, or Alford plea including a sentence of incarceration, a fine, a penalty, suspended sentence, or a sentence of probation. Conviction does not mean a probation before judgment.

Conviction Record means information regarding a sentence arising from a guilty verdict, plea of guilty, plea of nolo contender, or Alford plea including a sentence of incarceration, a fine, a penalty, suspended sentence, or a sentence of probation to include a finding of abuse pursuant to § 3-1505 of the Courts and Judicial Proceedings Article of the Maryland Code, § 4-506 of the Family Law Article of the Maryland Code, or extreme risk pursuant to § 5-605 Public Safety.

Housing Provider means a landlord, an owner, lessor, sublessor, assignee, or their or its agent, or other person receiving or entitled to receive rents or benefits for the use or occupancy of any Rental Dwelling Unit. Housing Provider includes the County government, but not the United States, the State, or any other local government.

Inquiry or Inquire means any direct or indirect conduct intended to gather criminal history information from or about an Applicant using any method, including application forms, interviews, or criminal history checks.

Pending Accusation means an existing written accusation that the Applicant has committed a crime, abused another, or is at risk of endangering another in the form of an indictment, information, petition for extreme risk protective order, petition for peace order, or petition for protective order.

Rental Housing Unit means a dwelling unit offered for rent by a Housing Provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than three (3) units.

The Housing Provider's eligibility criteria that includes the financial, the employment, and the rental history utilized in deciding whether to rent or lease a Rental Housing Unit; and

A statement that the Applicant may provide evidence demonstrating any inaccuracies in the Applicant's Arrest Record, Conviction Record, or Pending Accusations and that the Applicant may provide evidence of rehabilitation or other mitigating factors.

Arson in the first or second degree under §§ 6-102 or 6-103 of the Criminal Law Article of the Maryland Code;

Adult sexual displays under §§ 11-102, 11-103, 11-104, 11-104.01, or 11-105 of the Criminal Law Article of the Maryland Code;

Indecent Exposure under § 11-107 of the Criminal Law Article of the Maryland Code;

House of Prostitution under § 11-303 of the Criminal Law Article of the Maryland Code;

Receiving earnings of prostitute under § 11-304 of the Criminal Law Article of the Maryland Code;

Using building, structure, or conveyance for prostitution or assignation under § 11-307 of the Criminal Law Article of the Maryland Code;

Abduction of child under 16 under § 11-305 of the Criminal Law Article of the Maryland Code;

Injury to or interference with property - Acting with intent to hinder defense-related activity under § 9-702 of the Criminal Law Article of the Maryland Code;

Child pornography under § 11-207 of the Criminal Law Article of the Maryland Code;

Sale or display of obscene item to minor under § 11-203 of the Criminal Law Article of the Maryland Code;

Criminal organization activity under § 9-802 of the Criminal Law Article of the Maryland Code;

Participation in criminal organization under § 9-804 of the Criminal Law Article of the Maryland Code;

Criminal organization under § 9-805 of the Criminal Law Article of the Maryland Code;

Representation of destructive device under § 9-505 of the Criminal Law Article of the Maryland Code;

Escape in the second degree device under § 9-405 of the Criminal Law Article of the Maryland Code;

Exploitation of vulnerable adults under § 8-801 of the Criminal Law Article of the Maryland Code;

Counterfeiting United States currency with intent to defraud under § 8-604 of the Criminal Law Article of the Maryland Code;

Possessing or issuing counterfeit United States currency under § 8-604.1 of the Criminal Law Article of the Maryland Code;

Malicious destruction under § 6-301 of the Criminal Law Article of the Maryland Code;

Disarming a law enforcement officer under § 4-103 of the Criminal Law Article of the Maryland Code;

Manufacture or possession of destructive device § 4-503 of the Criminal Law Article of the Maryland Code;

Rape in the first or second degree under §§ 3-303 or 3-304 of the Criminal Law Article of the Maryland Code;

Attempted rape in the first or second degree under §§ 3-309 or 3-310 of the Criminal Law Article of the Maryland Code;

Sexual offense in the third or forth degree under §§ 3-307 or 3-308 of the Criminal Law Article of the Maryland Code;

Murder in the first or second degree under §§ 2-201 or 2-202 of the Criminal Law Article of the Maryland Code;

Attempt murder in the first or second degree under §§ 3-205 or 3-206 of the Criminal Law Article of the Maryland Code; or

Manslaughter under § 3-207 of the Criminal Law Article of the Maryland Code.

The nature and severity of the criminal offense;

The age of the applicant at the time of the occurrence of the criminal offense;

The time which has elapsed since the occurrence of the criminal offense;

Any information produced by the applicant, or produced on the applicant's behalf, in regard to the applicant's rehabilitation and good conduct since the occurrence of the criminal offense;

The degree to which the criminal offense, if it reoccurred, would negatively impact the safety of the housing provider's other tenants or property; and

Whether the criminal offense occurred on or was connected to property that was rented or leased by the applicant.

To a Housing Provider that owns and occupies a premise the includes no more than three (3) rental units;

A Rental Housing Unit 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 religious activities; or

Where a federal law or regulation or law of this State otherwise allows for denial of an Applicant due to certain criminal conviction(s).