§ 8–2A-05
Statutes in effect as of October 1, 2026.
Md. Code Ann., Real Prop. § 8-2A-05 (2026)
Title 8. Landlord and Tenant
Subtitle 2A
§ 8–2A-05LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, before extending a conditional offer to a prospective tenant, a landlord may not:
(i)
Request or require the prospective tenant to disclose in a housing application whether the prospective tenant has a criminal history or has been accused of or charged with any crimes; or
(ii)
Make an oral or written inquiry regarding the criminal history of the prospective tenant.
(2)
Before extending a conditional offer, a landlord may require information on, and may reject a prospective tenant’s application on the grounds of, whether the prospective tenant:
(i)
Has been convicted of:
(1)
For a potential tenancy in federally assisted housing, manufacturing, distributing, dispensing, or producing methamphetamine on the premises of federally assisted housing;
(2)
A sexual offense under Title 3, Subtitle 3 of the Criminal Law Article;
(3)
Child pornography under § 11–207 of the Criminal Law Article;
(4)
Murder in the first degree under § 2–201 of the Criminal Law Article;
(5)
Murder in the second degree under § 2–204 of the Criminal Law Article; or
(6)
Human trafficking under § 3–1102 of the Criminal Law Article;
(ii)
Is subject to a lifetime registration requirement under a state sex offender registration program;
(iii)
Has ever been subject to a registration requirement under a state or federal sex offender registration program; or
(iv)
Has ever been convicted in another state or federal court of a crime with the same criminal elements as a crime listed in this subsection.
(b)
In response to the results of a criminal history records check, a prospective tenant may provide, and a landlord shall consider, evidence demonstrating:
(1)
Inaccuracies in the prospective tenant’s criminal history records;
(2)
Evidence of rehabilitation; and
(3)
Any other mitigating factors.