# Real Property (GRP)

## Title 8. Landlord and Tenant

### Subtitle 2A

#### Section 8-2A-05

(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 Sec. 11-207 of the Criminal Law Article;

      (4) Murder in the first degree under Sec. 2-201 of the Criminal Law Article;

      (5) Murder in the second degree under Sec. 2-204 of the Criminal Law Article; or

      (6) Human trafficking under Sec. 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.

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Md. Code Ann., Real Prop. (as displayed at mgaleg.maryland.gov, October 16, 2026)