In this subtitle the following words have the meanings indicated. “Disability” means: a physical or mental impairment that substantially limits one or more of an individual’s major life activities; a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities. “Disability” does not include the current illegal use of or addiction to: a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article; or a controlled substance, as defined in 21 U.S.C. § 802. “Discriminatory effect” means an effect that actually or predictably has a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status. “Discriminatory housing practice” means an act that is prohibited under § 20–705, § 20–705.1, § 20–706, § 20–707, or § 20–708 of this subtitle. “Dwelling” means: any building, structure, or portion of a building or structure that is occupied, or designed or intended for occupancy, as a residence by one or more families; and any vacant land that is offered for sale or lease for the construction or location on the land of any building, structure, or portion of a building or structure described in item (1) of this subsection. “Familial status” means the status of one or more minors who are domiciled with: a parent or other person having legal custody of the minor; or the designee of a parent or other person having legal custody of the minor with the written permission of the parent or other person. “Familial status” includes the status of being: a pregnant woman; or an individual who is in the process of securing legal custody of a minor. “Family” includes a single individual. “In the business of selling or renting dwellings” means: within the preceding 12 months, participating as a principal in three or more transactions involving the sale or rental of any dwelling or any interest in a dwelling; within the preceding 12 months, participating as an agent, other than in the sale of the individual’s own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest in a dwelling; or being the owner of any dwelling occupied, or designed or intended for occupancy, by five or more families. “Marital status” means the state of being single, married, separated, divorced, or widowed. “Rent” includes to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant. “Source of income” means any lawful source of money paid directly or indirectly to or on behalf of a renter or buyer of housing. “Source of income” includes income from: a lawful profession, occupation, or job; any government or private assistance, grant, loan, or rental assistance program, including low–income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; a gift, an inheritance, a pension, an annuity, alimony, child support, or any other consideration or benefit; or the sale or pledge of property or an interest in property.

It is the policy of the State: to provide for fair housing throughout the State to all, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, source of income, or military status; and to that end, to prohibit discriminatory practices or acts that have a discriminatory effect, regardless of intent, with respect to residential housing by any person, in order to protect and ensure the peace, health, safety, prosperity, and general welfare of all. This subtitle: is an exercise of the police power of the State for the protection of the people of the State; and shall be administered and enforced by the Commission and, as provided in this title, enforced by the appropriate State court.

This subtitle does not: invalidate or limit any local law that requires dwellings to be designed and constructed in a manner that affords an individual with a disability greater access than is required by § 20–706(b) of this subtitle; limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants allowed to occupy a dwelling; prohibit the State or a local government from enacting standards that govern the location of group homes, as defined in § 4–601 of the Housing and Community Development Article; affect the powers of any local government to enact an ordinance on any subject covered by this subtitle, provided that the ordinance does not authorize any act that would be a discriminatory housing practice under this subtitle; require that a dwelling be made available to an individual whose tenancy would: constitute a direct threat to the health or safety of other individuals; or result in substantial physical damage to the property of others; prohibit conduct against a person because the person has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article; or a controlled substance, as defined in 21 U.S.C. § 802; unless membership in the religion is restricted on the basis of race, color, or national origin, prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from giving preference or limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or prohibit a private club that is not open to the public and that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwellings to its members or from giving preference to its members.

This subtitle does not apply to: the sale or rental of a single–family dwelling, if the dwelling is sold or rented without: the use of the sales or rental facilities or services of any: real estate broker, agent, or salesperson; agent of any real estate broker, agent, or salesperson; person in the business of selling or renting dwellings; or agent of a person in the business of selling or renting dwellings; or the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this subtitle; and with respect to discrimination on the basis of sex, sexual orientation, gender identity, marital status, military status, or source of income if the source of income is low–income housing assistance certificates or vouchers issued under the United States Housing Act of 1937: the rental of rooms in any dwelling, if the owner maintains the dwelling as the owner’s principal residence; or the rental of any apartment in a dwelling that contains not more than five rental units, if the owner maintains the dwelling as the owner’s principal residence. The use of attorneys, escrow agents, abstractors, title companies, and other similar professional assistance as necessary to perfect or transfer the title to a single–family dwelling does not subject a person to this subtitle if the person otherwise would be exempted under subsection (a) of this section. In this subsection, “housing for older persons” means housing: provided under any State or federal program that is specifically designed and operated to assist elderly persons, as defined in the State or federal program; intended for, and solely occupied by, persons who are at least 62 years old; intended and operated for occupancy by at least one person who is at least 55 years old in each unit; or that meets the requirements set forth in regulations adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 3607(b)(2)(C). “Housing for older persons” includes: unoccupied units, if the units are reserved for occupancy by persons who meet the age requirements of subparagraph (i) of this paragraph; or units occupied as of September 13, 1988 by persons who do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant of the unit meets the age requirement. The provisions in this subtitle concerning familial status do not apply to housing for older persons. The prohibitions in this subtitle against discrimination based on source of income do not: prohibit a person from determining the ability of a potential buyer or renter to pay a purchase price or pay rent by verifying in a commercially reasonable and nondiscriminatory manner the source and amount of income or creditworthiness of the potential buyer or renter; prevent a person from refusing to consider income derived from any criminal activity; or prohibit a person from determining, in accordance with applicable federal and State laws, the ability of a potential buyer to repay a mortgage loan.

Except as provided in subsection (b) of this section and §§ 20–703 and 20–704 of this subtitle, a person may not, regardless of intent: refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status; discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status; make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status, or an intention to make any preference, limitation, or discrimination; represent to any person, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status, that any dwelling is not available for inspection, sale, or rental when the dwelling is available; for profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status; or act in a manner that has a discriminatory effect. A person has not violated a prohibition in subsection (a) of this section if: the action was without discriminatory intent; the action was necessary to achieve one or more substantial, legitimate, and nondiscriminatory interests; and the person could not have achieved the substantial, legitimate, and nondiscriminatory interests by less discriminatory means.

In this section, “income–based housing subsidy” means recurring monetary assistance to a landlord from a governmental entity or nonprofit organization that is intended to defray, in whole or in part, a tenant’s rent obligation. “Income–based housing subsidy” includes low–income housing assistance certificates and vouchers issued under the United States Housing Act of 1937. Except as authorized under federal law, a landlord of residential rental property that uses financial information, including credit history, as part of a prospective tenant’s rental application may not refuse to rent to a prospective tenant who pays rent with the assistance of an income–based housing subsidy on the basis of: the prospective tenant’s income; the prospective tenant’s credit score or lack of credit score; or any adverse credit history that arose during a period when the prospective tenant did not have an income–based housing subsidy, if the period during which the tenant did not have the subsidy is confirmed by: the applicant; voucher paperwork; documents provided by a public housing authority; or a public housing authority in response to a request by the landlord. Notwithstanding subsection (b) of this section, a landlord may not require that a public housing authority verify applicable dates for the subsidy for purposes of assessing the tenant’s credit history. Notwithstanding subsection (b) of this section, a landlord that receives funding from a governmental entity, a quasi–governmental entity, or a nonprofit organization that requires income qualification for tenants in income–restricted rental units may collect financial information from a prospective tenant if the collection of financial information is a condition of the funding. Notwithstanding subsection (b) of this section, a landlord of residential rental property may require verification that a tenant has sufficient income to pay the portion of rent not covered by the income–based housing subsidy using an income to tenant’s portion of rent ratio that is substantially equivalent to the ratio used by the landlord for nonsubsidized tenants. A landlord of residential rental property may refuse to rent to a prospective tenant who pays rent with the assistance of an income–based housing subsidy on the basis of any commercially reasonable and nondiscriminatory use of: a reference from a previous or current landlord of the tenant; or the tenant’s history of violating a lease, failing to pay utilities, creating a nuisance, or damaging property.

In this section the following words have the meanings indicated. “Covered multifamily dwelling” means: a building consisting of four or more units, if the building has one or more elevators; or a ground floor unit in a building consisting of four or more units, if the building has no elevator. “Service dog” means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. “Service dog” does not include a dog that: as a result of the animal’s presence, is meant to deter crime; or provides only emotional support, well–being, comfort, or companionship to an individual. Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: discriminate in the sale or rental of, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: the buyer or renter; or an individual residing in or intending to reside in the dwelling after it is sold, rented, or made available; discriminate against any individual in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of: the individual; or an individual residing in or intending to reside in the dwelling after it is sold, rented, or made available; refuse to allow, at the expense of an individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual, if: the modifications may be necessary to afford the individual with a disability full enjoyment of the dwelling; and for a rental dwelling, the tenant agrees that, when the tenant vacates the dwelling, the tenant will restore, at the tenant’s expense, the interior of the dwelling to the condition that existed before the modification, except for reasonable wear and tear; refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling; fail to design or construct a covered multifamily dwelling for first occupancy as required under subsection (c) of this section; or discriminate in the sale or rental of, or otherwise make unavailable or deny, a dwelling to an individual with a disability who: has or obtains a service dog; or retains the individual’s former service dog after its retirement from service. On or after July 1, 1991, a covered multifamily dwelling for first occupancy shall be designed and constructed so that: the public use and common use portions of the dwelling are readily accessible and usable to individuals with disabilities; all the doors designed to allow passage into and within all premises within the dwelling are sufficiently wide to allow passage by individuals with disabilities in wheelchairs; and all premises within the dwelling contain the following features of adaptive design: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. The requirements of paragraph (1) of this subsection are satisfied by compliance with: the appropriate requirements of the most current revision of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as ANSI A117.1); or the federal law, regulations, and guidelines on handicapped accessibility adopted under the federal Fair Housing Amendments Act of 1988 and incorporated by reference in the regulations adopted by the Department of Housing and Community Development under § 12–202 of the Public Safety Article. An individual with a disability who has, obtains, or retains a service dog as provided in subsection (b)(6) of this section: shall be exempt from any provision in a lease or rental agreement prohibiting the keeping of dogs; may not be required to pay any additional rent or fee for the individual’s service dog or former service dog; may keep the individual’s former service dog in the dwelling for the life of the service dog after its retirement from service; and shall be liable for any damage done to the premises by the individual’s service dog or former service dog.

In this section, “residential real estate–related transaction” means: the making or purchasing of loans or providing other financial assistance: for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate; or the selling, brokering, or appraising of residential real property. A person whose business includes engaging in residential real estate–related transactions may not discriminate against any person in making available a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status. Paragraph (1) of this subsection does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status. A person may not, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, or military status: deny a person access to, or membership or participation in, a multiple–listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or discriminate against a person in the terms or conditions of membership or participation.

A person may not coerce, intimidate, threaten, interfere with, or retaliate against any person: in the exercise or enjoyment of any right granted or protected by this subtitle; because a person has exercised or enjoyed any right granted or protected by this subtitle; or because a person has aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this subtitle.

Each executive unit, including units with regulatory or supervisory authority over financial institutions, shall: administer its programs and activities in a manner that furthers the purposes of this subtitle; and cooperate with the Commission to further the purposes of this subtitle.

The Commission shall: cooperate with and provide technical assistance to federal, State, local, and other governmental units or private agencies, organizations, and institutions that are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; conduct studies concerning the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the State; and publish and disseminate reports, recommendations, and information derived from studies conducted under item (2) of this subsection. The Commission may: cooperate with local units charged with the administration of local fair housing laws; with the consent of the local units, utilize the services and employees of the local units; enter into written agreements with local units to further cooperative efforts to carry out the purposes of this subtitle; and notwithstanding any other law, reimburse local units and their employees for services provided to assist in carrying out this subtitle. To further the purposes of this subtitle, the Commission may conduct educational and conciliatory activities, including: conferences to acquaint interested persons with the provisions of this subtitle and the plans for implementation of this subtitle; in consultation with interested persons, programs of voluntary compliance and of enforcement; and consultations with interested persons and State and local officials to learn: the extent, if any, to which housing discrimination exists in the State or local political subdivisions; and how State or local enforcement programs may be used to combat housing discrimination in connection with, or instead of, the Commission’s enforcement of this subtitle. In accordance with Title 10, Subtitle 2 of the State Government Article, the Commission may adopt regulations to implement this subtitle and Subtitle 10, Part II of this title. The Commission shall adopt regulations requiring local units that are certified as substantially equivalent by the U.S. Department of Housing and Urban Development under 42 U.S.C. § 3610 to file annual reports with the Commission containing the information specified by the Commission.