<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 14.03.04.02" title_num="14" subtitle_num="03" chapter_num="04" heading="Exemptions.">
  <paragraph num="A.">
    <text>These regulations do not:</text>
    <paragraph num="(1)">
      <text>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 limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to these individuals, unless membership in the religion is restricted because of race, color, or national origin;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prohibit a private club, not in fact open to the public, which as an incident to the club's primary 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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Prohibit conduct against an individual because the individual has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in 21 U.S.C. §802(c), or a controlled dangerous substance as defined in Criminal Law Article, §5-101(f), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Nothing in these regulations regarding discrimination based on familial status applies to housing for older persons as defined in Regulation .03B of this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Nothing in these regulations, other than the prohibitions against discriminatory advertising, applies 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:</text>
    <paragraph num="(1)">
      <text>Real estate broker, agent, or salesman;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Agent of any real estate broker, agent, or salesman;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Person in the business of selling or renting dwellings; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Agent of a person in the business of selling or renting dwellings.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Nothing in these regulations with respect to discrimination on the basis of sex, marital status, or sexual orientation applies to the rental of:</text>
    <paragraph num="(1)">
      <text>Rooms in any dwelling, if the owner maintains the dwelling as the owner's principal residence; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any apartment in a dwelling that contains not more than 5 rental units, if the owner maintains the dwelling as the owner's principal residence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Threat to Health, Safety, or Property.</text>
    <paragraph num="(1)">
      <text>Nothing in these regulations shall require that a dwelling be made available to an individual whose tenancy would:</text>
      <paragraph num="(a)">
        <text>Constitute a direct threat to the health or safety of another individual; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Result in substantial physical damages to the property of others.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The determination that an individual poses a threat to health, safety, or property shall be made on a case-by-case basis, and consist of an individualized assessment of:</text>
      <paragraph num="(a)">
        <text>The nature, duration, and severity of the risks of injury or harm;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The probability that injury or harm will actually occur; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Whether the threat can be eliminated through the provision of a reasonable accommodation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>