# COMAR Title 14 — Independent Agencies

## Subtitle 03 — Commission on Human Relations

### Chapter 04 — Fair Housing Regulations

**Authority:** State Government Article, §§10-204, 20-710(d)(1), and 20-1034, Annotated Code of Maryland

**Administrative History:** Effective date: August 30, 1993 (20:17 Md. R. 1350)

**Administrative History:** Chapter revised effective October 19, 1998 (25:21 Md. R. 1575)

**Administrative History:** Chapter revised effective May 5, 2008 (35:9 Md. R. 899)

**Administrative History:** Chapter revised effective April 18, 2011 (38:8 Md. R. 507)

#### Regulation .01 Scope.

*COMAR 14.03.04.01*

A. It is the policy of the State to provide for fair housing throughout Maryland, to all its citizens, regardless of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, and to that end to prohibit discriminatory practices with respect to residential housing by a person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all inhabitants of the State may be protected and insured.

B. These regulations provide the Commission's interpretation of the coverage of the Maryland Fair Housing Law regarding discrimination related to the sale or rental of dwellings, the provision of services in connection with the sale or rental of dwellings, and the availability of residential real estate related transactions.

C. Nothing in this regulation relieves persons participating in a federal or federally assisted or State or State-assisted program or activity from other requirements applicable to buildings and dwellings.

#### Regulation .02 Exemptions.

*COMAR 14.03.04.02*

A. These regulations do not:

  (1) 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;

  (2) 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;

  (3) Limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling;

  (4) 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.

B. Nothing in these regulations regarding discrimination based on familial status applies to housing for older persons as defined in Regulation .03B of this chapter.

C. 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:

  (1) Real estate broker, agent, or salesman;

  (2) Agent of any real estate broker, agent, or salesman;

  (3) Person in the business of selling or renting dwellings; or

  (4) Agent of a person in the business of selling or renting dwellings.

D. Nothing in these regulations with respect to discrimination on the basis of sex, marital status, or sexual orientation applies to the rental of:

  (1) Rooms in any dwelling, if the owner maintains the dwelling as the owner's principal residence; or

  (2) 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.

E. Threat to Health, Safety, or Property.

  (1) Nothing in these regulations shall require that a dwelling be made available to an individual whose tenancy would:

    (a) Constitute a direct threat to the health or safety of another individual; or

    (b) Result in substantial physical damages to the property of others.

  (2) 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:

    (a) The nature, duration, and severity of the risks of injury or harm;

    (b) The probability that injury or harm will actually occur; and

    (c) Whether the threat can be eliminated through the provision of a reasonable accommodation.

#### Regulation .03 Definitions.

*COMAR 14.03.04.03*

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

  (1) “Accessible” means the public or common use areas of a building can be approached, entered, and used by individuals with physical disabilities and comply with the appropriate requirements of the American National Standard, “Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Disabled People” (ANSI A117.1-1980), as incorporated by reference in COMAR 05.02.02.05B, or another standard that affords disabled persons access equivalent to or greater than that required by ANSI A117.1.

  (2) “Accessible route” means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by an individual with a disability using a wheelchair, in addition to being safe for and usable by people with other disabilities.

  (3) “Agent” or “broker” means a person authorized to perform an action on behalf of another person or acting with apparent authority regarding any matter related to the sale or rental of dwellings.

  (4) “Aggrieved person” has the meaning stated in State Government Article, §20-1020(b), Annotated Code of Maryland.

  (5) “ANSI A117.1-1980” means the American National Standard, “Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People”, as incorporated by reference in COMAR 05.02.02.05B.

  (6) “Commission” means the Maryland Commission on Human Relations.

  (7) “Complaint” has the meaning stated in COMAR 14.03.01.02A.

  (8) “Complainant” has the meaning stated in State Government Article, §20-101(c), Annotated Code of Maryland.

  (9) “Conciliation” has the meaning stated in State Government Article, §20-1020(c), Annotated Code of Maryland.

  (10) “Conciliation agreement” has the meaning stated in State Government Article, §20-1020(d), Annotated Code of Maryland.

  (11) “Charge” means a written statement prepared by the Commission's general counsel and issued under State Government Article, §20-1025(b)(2), Annotated Code of Maryland, which contains a factual allegation or allegations of an unlawful discriminatory housing practice or practices.

  (12) “Covered multifamily dwelling” has the meaning stated in State Government Article, §20-706(a), Annotated Code of Maryland.

  (13) Disability.

    (a) “Disability” has the meaning stated in State Government Article, §20-701(b), Annotated Code of Maryland.

    (b) “Disability” does not include current illegal use of, or addiction to, a controlled dangerous substance defined under Criminal Law Article, §5-101, Annotated Code of Maryland.

  (14) “Discriminatory housing practice” has the meaning stated in State Government Article, §20-701(c), Annotated Code of Maryland.

  (15) “Dwelling” has the meaning stated in State Government Article, §20-701(d), Annotated Code of Maryland.

  (16) Dwelling Unit.

    (a) “Dwelling unit” means a single unit of residence for one or more individuals.

    (b) “Dwelling unit” includes:

      (i) A single family home;

      (ii) An apartment unit within an apartment building; and

      (iii) Other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room, portion of the dwelling, or rooms within which people sleep, for example, dormitory rooms, sleeping accommodations in shelters intended for occupancy, and a residence for homeless persons.

  (17) “Executive Director” has the meaning stated in COMAR 14.03.01.02B.

  (18) “Familial status” has the meaning stated in State Government Article, §20-701(e), Annotated Code of Maryland.

  (19) “Family” has the meaning stated in State Government Article, §20-701(f), Annotated Code of Maryland.

  (20) “Housing for older persons” has the meaning stated in State Government Article, §20-704(c)(1), Annotated Code of Maryland.

  (21) “Human Relations Commission” has the meaning stated in COMAR 14.03.01.02C.

  (22) “In the business of selling or renting a dwelling” has the meaning stated in State Government Article, §20-701(g), Annotated Code of Maryland.

  (23) “Investigator” has the meaning stated in COMAR 14.03.01.02D.

  (24) Landlord.

    (a) “Landlord” means anyone other than the occupant of real property, who attempts to control or controls the use of the property under claim or right arising out of an ownership interest in the real property by that person or another person for whom that person acts.

    (b) “Landlord” includes owners of rental property, trustees, receivers, persons controlling the common areas used in connection with condominiums, homeowners associations, and agents or others acting in the interest of any of these persons.

  (25) “Marital status” has the meaning stated in State Government Article, §20-701(h), Annotated Code of Maryland.

  (26) “Notice” has the meaning stated in COMAR 14.03.01.02E.

  (27) “Offices of the Commission” has the meaning stated in COMAR 14.03.01.02F.

  (28) “Party” has the meaning stated in COMAR 14.03.01.02G.

  (29) “Person” has the meaning stated in State Government Article, §1-101, Annotated Code of Maryland.

  (30) “Prevailing party” has the meaning stated in State Government Article, §20-1020(f), Annotated Code of Maryland.

  (31) “Proceeding” means a conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint.

  (32) “Real property” includes dwellings, parking lots, interests in real estate corporeal or incorporeal, tenements, leaseholds, cooperatives, condominiums, and hereditaments.

  (33) “Residential real estate related transaction” has the meaning stated in State Government Article, §20-707(a), Annotated Code of Maryland.

  (34) “Respondent” has the meaning stated in State Government Article, §20-101(e), Annotated Code of Maryland.

  (35) “Sexual orientation” means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality.

  (36) “Time” has the meaning stated in COMAR 14.03.01.02I.

  (37) “To rent” has the meaning stated in State Government Article, §20-701(i), Annotated Code of Maryland.

#### Regulation .04 Unlawful Practices Generally.

*COMAR 14.03.04.04*

A. Real Estate Practices Prohibited. In accordance with the Commission's interpretation of discriminatory housing practices, under State Government Article, §§20-705 and 20-707—20-708, Annotated Code of Maryland, it shall be unlawful for a person to:

  (1) Refuse to sell or rent a dwelling after the making of a bona fide offer, refuse to negotiate for the sale or rental of a dwelling or otherwise make unavailable or deny a dwelling to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (2) 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 a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (3) Represent to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation that a dwelling is not available for sale or rental when the dwelling is in fact available;

  (4) Induce or attempt to induce for a profit a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (5) Discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (6) Deny a person access to, or membership or participation in, a multi-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 access, membership, participation in such an organization or service, or facility because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

  (7) Intimidate or interfere with or attempt to intimidate or interfere with a person intentionally because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation whether acting under color of law, by force or threat of force:

    (a) Because the person is or has been selling, purchasing, renting, financing, or occupying, contracting or negotiating for the sale, purchase, rental, financing, or occupation of a dwelling or for applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings, or

    (b) Because a person has made a complaint, testified, assisted, or participated in any manner in a proceeding under State Government Article, Title 20, Annotated Code of Maryland.

B. Unlawful Refusal to Sell or Rent or to Negotiate.

  (1) It shall be unlawful for a person to refuse:

    (a) To sell or rent a dwelling to a person who has made a bona fide offer because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

    (b) To negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (2) Prohibited actions under this section include, but are not limited to:

    (a) Imposing different sales prices or rental charges for the sale or rental of a dwelling upon a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

    (b) Using different qualification criteria, applications, sale or rental standards or procedures such as income standards, application requirements, application fees, credit analysis, approval procedures, or other requirements, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

    (c) Evicting tenants because of their race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

C. Discrimination in Terms, Conditions, and Privileges and in Services and Facilities.

  (1) It shall be unlawful, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation to:

    (a) Impose different terms, conditions, or privileges relating to the sale or rental of a dwelling; or

    (b) Deny or limit services or facilities in connection with the sale or rental of a dwelling.

  (2) Prohibited actions under this section include, but are not limited to:

    (a) Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits, and the terms of a lease, and those relating to down payment and closing requirements, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

    (b) Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

    (c) Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

    (d) Limiting the use of privileges, services, or facilities associated with a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of an owner or tenant; or

    (e) Denying or limiting services or facilities in connection with the sale or rental of a dwelling because an individual failed or refused to provide sexual favors.

D. Other Prohibited Sale and Rental Conduct. It shall be unlawful, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation to restrict or attempt to restrict the choice of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to:

  (1) Perpetuate, or tend to perpetuate, segregated housing patterns; or

  (2) Discourage or obstruct choices in a community, neighborhood, or development.

E. Prohibited Practices Under §D of This Regulation. Section D of this regulation generally refers to unlawful steering practices that include, but are not limited to:

  (1) Discouraging a person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (2) Discouraging a person because of the race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of individuals in a community, neighborhood, or development;

  (3) Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation by exaggerating drawbacks or failing to inform a person of desirable features of a dwelling, community, neighborhood, or development;

  (4) Communicating to a prospective purchaser that the person would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

  (5) Assigning a person to a particular section of a community, neighborhood, or development or to a particular floor of a building because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

F. Unlawful Conduct Related to Provision of Housing, Services, or Facilities. Prohibited sales and rental practices under this section of the regulation include, but are not limited to:

  (1) Discharging or taking other adverse action against an employee, broker, or agent because the individual refused to participate in a discriminatory housing practice;

  (2) Employing codes or other devices to segregate or reject applicants, purchasers, or renters because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (3) Refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (4) Refusing to deal with certain brokers or agents because the brokers or agents or one or more of their clients are of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (5) Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve an individual for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

  (6) Refusing to provide municipal service, or property or hazard insurance for a dwelling, or providing it differently because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

#### Regulation .05 Unlawful Practices Specifically.

*COMAR 14.03.04.05*

A. Discriminatory Advertisements, Statements, and Notices.

  (1) The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling.

  (2) Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any other documents used with respect to the sale or rental of a dwelling.

  (3) Discriminatory notices, statements, and advertisements include, but are not limited to:

    (a) Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of individuals because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation;

    (b) Expressing to agents, brokers, employees, prospective sellers or renters, or other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation;

    (c) Selecting, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities; or

    (d) Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for advertising because of race, color, religion, sex, disability, familial status, marital status, national origin, and sexual orientation.

B. Discriminatory Representations on the Availability of Dwellings. Prohibited actions under this section of this regulation include, but are not limited to:

  (1) Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (2) Representing that covenants or other deed, trust, or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation preclude the sale or rental of a dwelling to a person;

  (3) Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental to a person because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (4) Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

  (5) Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to an individual, including testers, regardless of whether the individual is actually seeking housing, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

C. Blockbusting.

  (1) In establishing a discriminatory housing practice under this section, it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.

  (2) Prohibited actions under this section include, but are not limited to:

    (a) Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo change in the race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental; or

    (b) Encouraging, for profit, a person to sell or rent a dwelling through assertions that the entry or prospective entry of individuals of a particular race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation, can or will result in undesirable consequences for the project, neighborhood, or community, such as lowering of property values, an increase in criminal or antisocial behavior, or decline in the quality of schools or other services or facilities.

D. Discrimination in the Provision of Brokerage Services. Prohibited actions under this section include, but are not limited to:

  (1) Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (2) Denying or limiting benefits accruing to members in a real estate broker's organization because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (3) Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

  (4) Establishing geographic boundaries, office locations, or residence requirements for access to membership or participation in a multiple listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

#### Regulation .06 Discrimination in Real Estate Related Transactions.

*COMAR 14.03.04.06*

A. Discriminatory Practices in Residential Real Estate Related Transactions.

  (1) This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination under State Government Article, §20-707, Annotated Code of Maryland.

  (2) It shall be unlawful for a person whose business includes engaging in residential real estate related transactions to discriminate against a person in making available a transaction, or terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

B. Discrimination in the Making of Loan and Other Financial Assistance.

  (1) It shall be unlawful for a person whose business includes engaging in the making of residential real estate related transactions, loans, or other financial assistance to discriminate against a person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (2) Prohibited practices under this section include, but are not limited to:

    (a) Failing or refusing to provide to a person, in connection with a residential real estate related transaction, information regarding the availability of loans or other financial assistance, application requirements, or procedures or standards for the review and approval of loans or financial assistance because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

    (b) Providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

C. Discrimination in the Purchasing of Loans.

  (1) It shall be unlawful for a person engaged in the purchasing of loans, debts, or security which support the purchase, construction, improvement, repair, or maintenance of a dwelling, or which are secured by residential real estate to:

    (a) Refuse to purchase a loan, debt, or security; or

    (b) Impose different terms or condition for the purchase, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (2) Unlawful conduct under this section includes, but is not limited to:

    (a) Purchasing loans, other debts, or securities which relate to, or are secured by dwellings in certain communities or neighborhoods but not in others, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of individuals in the neighborhoods or communities;

    (b) Pooling or packaging loans, other debts, or securities which relate to, or which are secured by dwellings differently, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

    (c) Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts, or securities which relate to or which are secured by dwellings, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (3) Exclusions.

    (a) This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of law, relating to a transaction's financial security, protection against default, or reduction in value of the security.

    (b) This regulation does not preclude considerations employed in normal and prudent transactions, provided that factors do not in any way relate to race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

D. Discrimination in the Terms and Conditions for Making Available Loans or Other Financial Assistance.

  (1) It shall be unlawful for a person engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair, or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of loans or other financial assistance because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (2) Unlawful conduct under this section includes, but is not limited to:

    (a) Using different policies, practices, or procedures in evaluating or in determining creditworthiness of a person in connection with the provision of a loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

    (b) Determining the type of loan or other financial assistance to be provided with respect to a dwelling, fixing the amount, interest rate, duration, other terms for a loan or other financial assistance for a dwelling, or which is secured by residential real estate, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

E. Unlawful Practices—Selling, Brokering, or Appraising of Residential Real Property.

  (1) It shall be unlawful for a person whose business includes engaging in the selling, brokering, or appraising of residential real property to discriminate against a person in making available the services, or in the performance of the services, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (2) Appraisal.

    (a) For the purpose of this section, the term “appraisal” means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate related transaction, whether the appraisal is oral or written, or transmitted formally or informally.

    (b) The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

  (3) Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

  (4) Practices which are unlawful in this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling when the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation.

#### Regulation .07 Prohibition Against Discrimination Because of Disability.

*COMAR 14.03.04.07*

A. This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination against an individual who has a disability under State Government Article, §20-706, Annotated Code of Maryland.

B. General Prohibitions Against Discrimination Because of Disability.

  (1) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to a buyer or renter, because of a disability of:

    (a) The buyer or renter; or

    (b) An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available.

  (2) It shall be unlawful to discriminate against an 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:

    (a) The buyer or renter; or

    (b) An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available.

  (3) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling or an individual intending to reside in that dwelling after it is sold, rented, or made available has a disability or to make inquiry as to the nature or severity of a disability of that individual.

  (4) This subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, with or without disabilities:

    (a) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

    (b) Inquiry to determine whether an applicant is qualified for a dwelling available to individuals with disabilities or to an individual with a particular type of disability;

    (c) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to individuals with disabilities or to individuals with a particular type of disability;

    (d) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled dangerous substance; or

    (e) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled dangerous substance.

C. Reasonable Accommodations.

  (1) It shall be unlawful for a person to refuse to make a reasonable accommodation in rules, policies, practices, or services when the accommodation may be necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling, including public and common use areas.

  (2) A person is not required to provide a reasonable accommodation if providing the accommodation would impose an undue hardship.

  (3) A person may not refuse to sell or rent a dwelling or otherwise make unavailable or deny a dwelling to an individual based upon the individual's need for a reasonable accommodation.

D. Reasonable Modifications.

  (1) It shall be unlawful for a person to refuse to permit, at the expense of a disabled individual, reasonable modifications of existing premises, occupied or to be occupied by a disabled individual, if the proposed modifications may be necessary to afford the disabled individual full enjoyment of the premises of a dwelling.

  (2) In the case of a rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear expected.

  (3) The landlord may reserve the right to approve the design, quality, and construction of the alterations or additions in order to minimize the damage to the building and enforce standards of quality and architectural responsibility.

  (4) The landlord may not increase for disabled individuals any customarily required security deposit.

  (5) Notwithstanding §D(4) of this regulation, when it is necessary in order to ensure with reasonable certainty that funds will be available to pay for restorations at the end of the tenancy, the landlord may:

    (a) Negotiate as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of restorations; or

    (b) Negotiate for the establishment of an escrow account, but the interest in the account shall accrue to the benefit of the tenant.

E. Examples of Appropriate Modifications. The following are examples of modifications used to make real property accessible by individuals with disabilities:

  (1) Ramps for wheelchairs or walkers;

  (2) Lights to indicate to a deaf person that the doorbell or telephone is ringing;

  (3) Grab bars in bathrooms;

  (4) Roll-out shelves in kitchens;

  (5) Height-sensitive electrical outlets and switches; and

  (6) Simplified locking systems for use by mentally disabled individuals.

F. Design and Construction Requirements.

  (1) Covered multifamily dwellings for first occupancy after July 1, 1991, shall be designed and shall be constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site.

  (2) For purposes of this section, a covered multifamily dwelling shall be considered to be designed and to be constructed for first occupancy on or before July 1, 1991, or if they are occupied by that date.

  (3) The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed and constructed the housing facility.

  (4) All covered units of multifamily dwellings shall comply with the appropriate requirements of the American National Standard of 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 disabled accessibility adopted under the Fair Housing Act Amendments of 1988 and incorporated by reference in COMAR 05.02.02.

  (5) This section does not invalidate or limit any law of a state or political subdivision of a state that requires dwellings to be designed and constructed in a manner that affords disabled individuals greater access than is required by this section.

#### Regulation .08 Housing for Older Persons.

*COMAR 14.03.04.08*

A. Purpose. The purpose of this regulation is to effectuate the exemption in State Government Article, §20-704(c), Annotated Code of Maryland, that relates to housing for older persons.

B. Exemption.

  (1) The provisions regarding familial status in these regulations do not apply to housing which satisfies the requirements of §§C—E of this regulation.

  (2) Nothing in this regulation limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

C. State and Federal Elderly Housing Programs. The provisions regarding familial status in these regulations do not apply to housing provided under any federal or State program that the Commission determines is specifically designed and operated to assist elderly individuals, as defined in the State and federal program.

D. 62 or Over Housing.

  (1) The provisions regarding familial status in these regulations do not apply to housing intended for, and solely occupied by, an individual 62 years old or older.

  (2) This housing satisfies the requirements of this regulation even though there are:

    (a) Individuals residing in the housing on September 13, 1988, who are under 62 years old, provided that all new occupants are individuals 62 years old or older;

    (b) Unoccupied units, provided that the units are reserved for occupancy by individuals 62 years old or older; or

    (c) Units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years old provided they perform substantial duties directly related to the management or maintenance of the housing.

E. 55 or Over Housing. The provisions regarding familial status do not apply to housing intended and operated for occupancy by at least one individual 55 years old or older per unit, if the housing satisfies the following requirements:

  (1) At least 80 percent of the units in the housing facility are occupied by at least one individual 55 years old or older per unit, except a newly constructed housing facility for first occupancy after July 1, 1991, need not comply with this subsection until 25 percent of the units in the facility are occupied; and

  (2) The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years old or older.

F. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of §E(2) of this regulation:

  (1) The manner in which the housing facility is described to prospective residents;

  (2) The nature of any advertising designed to attract prospective residents;

  (3) Age verification procedures;

  (4) Lease provisions;

  (5) Written rules and regulations;

  (6) Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules and regulations; and

  (7) Whether the housing satisfies the requirements of the following:

    (a) At least 80 percent of the units are occupied by at least one individual 55 years old or older,

    (b) There are unoccupied units, provided that at least 80 percent of these units are reserved for occupancy by at least one individual 55 years old or older, or

    (c) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 55 years old provided they perform substantial duties directly related to the management or maintenance of the housing.

#### Regulation .09 Prohibited Interference, Coercion, Intimidation, or Retaliation.

*COMAR 14.03.04.09*

A. It shall be unlawful housing discrimination to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged another person in the exercise or enjoyment of, a right granted or protected by State Government Article, Title 20, Annotated Code of Maryland.

B. Unlawful conduct under this regulation includes, but is not limited to:

  (1) Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (2) Threatening, intimidating, or interfering with persons in their enjoyment of a dwelling because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation of these persons, or of visitors or associates of these persons;

  (3) Threatening an employee or agent with dismissal or an adverse employment action, or taking an adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate related transaction, because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

  (4) Intimidating or threatening a person because that person is engaging in activities designed to make other persons aware of, or encouraging the other persons to exercise, rights granted or protected in these regulations; or

  (5) Retaliating against a person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under State Government Article, Title 20, Annotated Code of Maryland.

#### Regulation .10 Fair Housing Complaint.

*COMAR 14.03.04.10*

A. Who May File.

  (1) Any person who claims to have been aggrieved by an act or acts of unlawful housing discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission.

  (2) The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.

  (3) Commission-Initiated Complaints. In accordance with Article State Government Article, §20-1004(d), Annotated Code of Maryland, the Commission may initiate a complaint in its own name if the Commission:

    (a) Receives reliable information from an individual that a person has been engaged or is engaged in a discriminatory housing practice;

    (b) Authorizes a preliminary investigation; and

    (c) By action of not less than three Commissioners, determines that the information gathered during the preliminary investigation warrants the filing of a complaint.

B. Persons Against Whom Complaints May Be Filed. A complaint may be filed against:

  (1) A person alleged to be engaged or to have engaged in a discriminatory housing practice; or

  (2) A person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising, financing of dwellings, or the provisions of brokerage services relating to the sale or rental of dwellings if that other person, if acting within the scope of their authority as an employee or agent of the directing or controlling person, is engaged or has engaged in a discriminatory housing practice.

C. Manner of Filing.

  (1) Complaints shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission.

  (2) Complaints Initiated by Telephone.

    (a) Complaints may be initiated by telephone to the Commission.

    (b) If a complaint is initiated by telephone, the Commission shall:

      (i) Reduce information provided by telephone to writing on the prescribed complaint form; and

      (ii) Send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation.

    (c) A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing.

D. When Filed.

  (1) Individual complaints shall be filed not later than 1 year after an alleged discriminatory housing practice has occurred or terminated, whichever is later.

  (2) Discriminatory Housing Practices of a Continuing Nature.

    (a) If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence of this discriminatory practice shall be considered to be the date up to and including that date on which the unlawful practice shall have ceased.

    (b) The complaint will be timely if filed within 1 year of the last alleged occurrence of that practice.

  (3) An individual complaint filed with a federal or local human relations commission not later than the 1-year period required in this regulation shall be considered as being a timely filing in compliance with that requirement.

E. Form and Content of Complaint.

  (1) Each complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint.

  (2) The affirmation shall state “I declare under the penalty of perjury that the foregoing is true and correct”.

  (3) A complaint filed by the Commission shall be filed in accordance with COMAR 14.03.01.03.

  (4) An individual complaint may be filed on a form provided by the Commission.

  (5) Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland, or other offices within the State which may be established.

  (6) Appropriate assistance in filling out forms will be rendered to complainants or to individuals filing on behalf of a complainant, by the personnel of the Commission.

  (7) Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission.

  (8) Notwithstanding the requirement for using a prescribed form, the Commission may accept a written statement which substantially sets forth the allegations of a discriminatory housing practice under State Government Article, Title 20, Annotated Code of Maryland.

  (9) Each complaint shall contain substantially the following information:

    (a) The name and address of the aggrieved person;

    (b) The name and address of the respondent;

    (c) A description and the address of the dwelling which is involved, if appropriate; and

    (d) A concise statement of facts including pertinent dates, constituting the alleged discriminatory housing practice.

F. Amendment of Complaint.

  (1) A complaint may be reasonably and fairly amended at any time.

  (2) The amendments may include but are not limited to:

    (a) Amendments to cure technical defects or omissions, including failure to sign or affirm the complaint;

    (b) Amendments to clarify and amplify any allegation made in the complaint;

    (c) Amendments to join additional or substitute respondents; or

    (d) Amendments to allege additional acts which constitute discriminatory housing practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint.

  (3) All amendments will relate back to the original filing date.

#### Regulation .11 Complaint Processing.

*COMAR 14.03.04.11*

A. Review, Authorization, and Expedition.

  (1) After the filing of a housing complaint, the Executive Director or designee shall:

    (a) Review the complaint to determine whether it should issue for reasons of standing of the parties, timeliness of the filing, or other matters upon which its issuance may depend;

    (b) If the complaint is rejected and not susceptible to amendment, serve notice on the complainant stating the reasons for rejection; and

    (c) If the complaint is considered acceptable:

      (i) Authorize an investigation by dating and signing the complaint; and

      (ii) If the Executive Director or designee determines and states in writing that the complaint should be expedited based on a showing of good cause or because justice requires, expedite the complaint.

  (2) If a complaint is expedited under §A(1)(c)(ii) of this regulation, the Executive Director or designee may shorten time frames set forth in Regulation .12 of this chapter.

B. Notification of Aggrieved Person.

  (1) Upon the filing of a complaint, the Commission shall give notice to each aggrieved person on whose behalf the complaint was filed.

  (2) The notice shall:

    (a) Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;

    (b) Include a copy of the complaint;

    (c) Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under these regulations;

    (d) Advise the aggrieved person of the right to commence a civil action under State Government Article, §20-1035, Annotated Code of Maryland, in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice, noting that:

      (i) The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and

      (ii) The time period includes the time during which an action arising from a breach of conciliation agreement under Regulation .13 of this chapter, and State Government Article, §20-1024, Annotated Code of Maryland, is pending; and

    (e) Advise the aggrieved person that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory housing practice that is prohibited by State Government Article, Title 20, Annotated Code of Maryland.

C. Notification of Respondent; Joinder of Additional or Substitute Respondents.

  (1) Within 10 days of the filing of a complaint or the filing of an amended complaint, including authorization, the Commission will serve a notice on each respondent by certified mail or personal service.

  (2) A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged or to have engaged in the discriminatory housing practice upon which the complaint is based, may be joined as an additional or substitute respondent by service of a notice on the person under this regulation within 10 days of the identification.

  (3) At a minimum, the notice shall:

    (a) Identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint;

    (b) State the date that the complaint was accepted for filing;

    (c) Advise the respondent of the time limits applicable to complaint processing under this chapter and of the procedural rights and obligations of the respondent under State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, including the opportunity to submit an answer to the complaint within 10 days of the receipt of the notice;

    (d) Advise the respondent of the aggrieved person's right to commence a civil action in an appropriate State court, not later than 2 years after the occurrence or termination of the alleged discriminatory housing practice and state:

      (i) The computation of this 2-year period excludes any time during which an administrative proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice; and

      (ii) The time period includes the time during which an action arising from a breach of a conciliation agreement under State Government Article, §20-1024, Annotated Code of Maryland, is pending;

    (e) If the person is not named in the complaint, but is being joined as an additional or substitute respondent, explain the basis for the Commission's belief that the joined person is properly joined as a respondent;

    (f) Advise the respondent that retaliation against a person because the person made a complaint, testified, assisted, or participated in an investigation or conciliation is a discriminatory housing practice that is prohibited under State Government Article, Title 20, Annotated Code of Maryland, and these regulations; and

    (g) Invite the respondent to enter into a conciliation agreement for the purpose of resolving the complaint.

D. Answer to Complaint.

  (1) The respondent may file an answer not later than 10 days after receipt of the notice described in §C of this regulation.

  (2) The respondent may assert any defense that might be available to a defendant in a court of law.

  (3) The answer shall be signed and affirmed by the respondent.

  (4) The affirmation shall state: “I declare under the penalty of perjury that the foregoing is true and correct”.

  (5) An answer may be reasonably and fairly amended at any time with the consent of the Executive Director or designee.

E. Withdrawal. A complaint filed by or on behalf of an aggrieved person may be withdrawn in writing at any time by the aggrieved person who filed the complaint.

F. Administrative Closure — Notice and Reopening.

  (1) The Executive Director or designee may administratively close a complaint under those circumstances which, by way of example but not limitation, may include absence of information which establishes the whereabouts of the complainant, or the determination that statutory requisites have not been met.

  (2) Written notice of the administrative closure shall be provided to the complainant at the last known address informing the complainant of the right to object to this closure within 15 days of the date on which the notice was mailed.

  (3) If the complainant files a timely objection, the Executive Director or designee shall consider the closure in light of the reasons stated by the complainant and make a determination.

  (4) In the absence of a timely objection, the Executive Director or designee shall close the complaint and so mark the subject case file.

  (5) Written notice of the closure shall be sent to the respondent upon whom the complaint was served.

  (6) In those cases when a complaint has been withdrawn by a complainant, the 15-day notice provision to the complainant is not required.

  (7) A request to reopen a case administratively closed for lack of information establishing the whereabouts of the complainant that is received beyond the time for objecting specified in §F(2) of this regulation shall be considered only upon a showing of good cause made by the complainant.

#### Regulation .12 Investigative Process.

*COMAR 14.03.04.12*

A. Investigations.

  (1) The Executive Director or designee shall authorize a complaint within 30 days after the filing of the complaint, or the notification or referral of a complaint, from the United States Department of Housing and Urban Development.

  (2) Upon the authorization of a complaint, the Executive Director or designee shall assign, or cause to be assigned, the investigation of the complaint to a staff investigator.

  (3) The investigative process involves:

    (a) Promptly gathering information necessary and relevant to make a fair determination on the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint;

    (b) Documenting policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint;

    (c) Developing factual data necessary for a determination whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and to take other actions provided under this chapter and State Government Article, Title 20, Annotated Code of Maryland; and

    (d) Concluding the investigation, in accordance with this regulation, with the issuance of written findings of probable cause or no probable cause.

B. Systemic Processing.

  (1) The Executive Director or designee may identify the complaint for systemic processing when the Executive Director or designee determines:

    (a) That the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature;

    (b) That the processing of the complaint will involve complex issues, or novel questions of law or fact; or

    (c) That a large number of individuals will be affected.

  (2) The determination in §B(1) of this regulation may be based on the face of the complaint or on information gathered in connection with an investigation.

  (3) Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint, but also on review of other policies and procedures related to matters under investigation, to make sure they also comply with the nondiscrimination requirements of State Government Article, Title 20, Annotated Code of Maryland.

C. Conduct of Investigation.

  (1) Fact-Finding Conference. A conference may be convened for the purpose of defining the issues contained in the complaint in accordance with COMAR 14.03.01.05C(1).

  (2) Request for Information.

    (a) The Executive Director or designee shall require the respondent to promptly provide answers to requests for information, which will be used to assist in determining the merits of the allegations contained in the complaint.

    (b) The request for information shall be accompanied by the following:

      (i) A copy of the charge; and

      (ii) The date on which the response shall be submitted.

    (c) Additional requests for information may be made to further the investigation.

  (3) Interrogatories—Content and Response. An investigator may serve interrogatories on a respondent, upon authorization by the Executive Director or designee in accordance with COMAR 14.03.01.05C(3).

  (4) Interrogatories—Default Procedure. Failure of the respondent to either answer the interrogatories or to file a motion to strike or exceptions within the time specified will activate the default proceedings in accordance with COMAR 14.03.01.06.

  (5) Investigatory Subpoena.

    (a) In accordance with COMAR 14.03.01.05C(4), the Commission may, upon written authorization of the Executive Director or designee, issue a subpoena to compel the attendance and testimony of witnesses or to compel the production of books, papers, and documents relevant or necessary to an investigation or hearing.

    (b) The Commission may bring an action to enforce the subpoena in the circuit court for the county in which the person to whom the subpoena is addressed resides, was served, or transacts business.

D. Cooperation of Federal, State, or Local Agencies. The Commission, in processing fair housing complaints, may seek the cooperation and utilize the services of federal, State, or local agencies, including any agency having regulatory or supervisory authority over financial institutions.

E. Completion of Investigation.

  (1) The investigation shall remain open until:

    (a) A written finding of probable cause or no probable cause is made, in accordance with COMAR 14.03.01.08A;

    (b) A conciliation agreement is executed and approved; or

    (c) A withdrawal or an administrative closure is made in accordance with Regulation .11E and F of this chapter.

  (2) Probable Cause.

    (a) The Commission shall determine whether, based on the totality of the factual circumstances known at the time of the decision, probable cause exists to believe that a discriminatory housing practice has occurred.

    (b) The probable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice, provided by complainant and respondent, and otherwise disclosed during the investigation.

    (c) If the Commission determines that probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination.

    (d) If the Commission determines that no probable cause exists, the Commission shall immediately give notice to the complainant, the aggrieved person, and the respondent of this determination.

    (e) A final written finding may be amended at any time, if additional information is discovered.

  (3) Unless it is impracticable to do so, the Commission shall complete the investigation of the alleged discriminatory housing practice within 100 days of the filing of the complaint.

  (4) If the Commission is unable to complete the investigation within the 100-day period, the Commission shall give notice to the aggrieved person and the respondent of the reasons for the delay.

F. Reconsideration.

  (1) If the findings conclude that there is no probable cause to believe that a discriminatory act has been or is being committed, the complainant shall be given the opportunity to apply to the Commission's Executive Director or designee for reconsideration of the Commission's written findings and recommendations.

  (2) Reconsideration Process.

    (a) The application and authority shall be in writing and shall state specifically the grounds upon which it is based.

    (b) The application and authority shall be filed with the Executive Director or designee within 15 days from the date on which the findings were mailed to the complainant.

    (c) Written notice that the complainant has requested reconsideration shall be given promptly to the respondent.

    (d) Not later than 30 days after receipt of an application, the Executive Director or designee shall review the entire file, including the request for reconsideration, and may:

      (i) Grant or deny the application for reconsideration; and

      (ii) Issue an order the Executive Director or designee considers appropriate.

    (e) Not later than 30 days after making a determination, the Executive Director or designee shall notify the complainant and respondent in writing of the determination, and do one of the following:

      (i) If the application for reconsideration is granted, remand the case to the investigative staff for the appropriate action; or

      (ii) If the application for reconsideration is not granted, administratively close the case.

  (3) The times set forth in §F of this regulation may be extended by the Executive Director or deputy director for good cause.

G. Dismissal of Proceedings. The Executive Director or designee may dismiss cases which have not been certified for public hearing, at any stage of the proceedings in accordance with COMAR 14.03.01.04F.

#### Regulation .13 Conciliation Process.

*COMAR 14.03.04.13*

A. Conciliation.

  (1) During the period beginning with the initial filing of a complaint and ending with the certification of the file for processing for hearing or dismissal of the complaint, the Commission shall, to the extent feasible, attempt to conciliate the complaint.

  (2) Written notice of the opportunity to conciliate shall be provided to the parties.

  (3) In conciliating a complaint, the Commission shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as well as assure the elimination of discriminatory housing practices, or the prevention of their occurrence in the future.

B. Conciliation Agreement.

  (1) The terms of a settlement of a complaint will be reduced to a written conciliation agreement.

  (2) The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest.

  (3) The types of relief that may be sought for the aggrieved person are described in §C of this regulation.

  (4) The provisions that may be sought for the vindication of the public interest are described in Regulation .17B(3) of this chapter.

  (5) The agreement shall be executed by the respondent and the complainant.

  (6) The agreement is subject to the approval of the Executive Director or designee who shall indicate approval by signing the agreement.

  (7) The Executive Director or designee shall approve an agreement and shall execute the agreement only if:

    (a) The complainant and the respondent agree to the relief accorded the aggrieved person; and

    (b) The provisions of the agreement will adequately vindicate the public interest.

C. Relief Sought for Aggrieved Persons.

  (1) Administrative Relief. In conciliation, the Commission may seek any relief in accordance with Regulation .17B of this chapter.

  (2) Arbitration.

    (a) The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.

    (b) Arbitration may award appropriate relief as described in §C(1) of this regulation.

    (c) The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

D. Termination of Conciliation Efforts—Respondent's Actions.

  (1) The Commission may terminate its efforts to conciliate if a respondent fails or refuses to confer with the Commission's staff, or fails or refuses to negotiate in good faith to resolve the dispute.

  (2) If a written finding of probable cause has been issued, the Executive Director or designee may terminate the efforts to conciliate, notify the parties that conciliation has failed, and certify the case for public hearing as set forth in Regulation .14 of this chapter.

E. Termination of Conciliation Efforts—Complainant's Actions.

  (1) The Executive Director or designee may administratively close a case if the complainant:

    (a) Fails to negotiate in good faith; or

    (b) Rejects an offer of settlement or compromise made by the respondent, in a formal offer of settlements, which provides the complainant with the full relief which is available under the laws enforced by the Commission.

  (2) Before administratively closing the case, the Executive Director or designee shall:

    (a) Provide written notice to the complainant;

    (b) Give the complainant 15 days after the mailing of the notice to object in writing and give reasons why the case should not be administratively closed;

    (c) Consider the objections filed by the complainant;

    (d) Administratively close the case if no objections are filed; and

    (e) Promptly notify both the complainant and respondent of the determination.

F. When the aggrieved person has commenced a civil action under federal law or State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission.

G. Prohibitions and Requirements—Disclosure of Information Obtained During Conciliation.

  (1) Except as provided in §G(2) of this regulation, nothing that is said or done in the course of conciliation under this regulation may be made public or used as evidence in a subsequent administrative hearing or civil action under State Government Article, Title 20, Annotated Code of Maryland, without the written consent of the persons concerned.

  (2) Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commission determines that disclosure is not required to further the purposes of the Fair Housing Law.

  (3) Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commission may publish tabulated descriptions of the results of all conciliation efforts.

H. Review of Compliance with Conciliation Agreements.

  (1) The Commission may, from time to time, review compliance with the terms of any conciliation agreements.

  (2) Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission through its general counsel may file a civil action for the enforcement of the terms of the conciliation agreement.

I. Order of the Commission. An agreement resulting from conciliation shall be executed on behalf of the Commission by the Executive Director or designee and shall constitute an order of the Commission as provided by law.

#### Regulation .14 Certification for Hearing Processing.

*COMAR 14.03.04.14*

A. Upon failure of conciliation, the Executive Director or designee shall certify the case for hearing processing.

B. An entry identifying this case shall be logged in the Commission's official docket book, which shall be maintained by the Executive Director for cases pending hearing.

C. The Executive Director or designee shall forward the certified case file to the Commission's general counsel for further processing.

D. The General Counsel, on review of a certified file, may remand the case to the Executive Director or designee for:

  (1) Further investigation and, in this case, shall state clearly the issues requiring further investigative proceedings; or

  (2) Review of the findings and, in this case, shall state clearly the reason or reasons for the review.

E. The General Counsel, on review of a certified file, shall determine whether the matter involves the legality of local zoning or land use laws or ordinances and shall do the following:

  (1) Immediately refer the investigative materials to the Attorney General for appropriate action in accordance with State Government Article, §20-1025(c)(1), Annotated Code of Maryland; and

  (2) Notify the complainant, the aggrieved person, and the respondent of this action by certified mail or personal service.

F. Not less than 60 days after the General Counsel refers the matter to the Attorney General under §E of this regulation, the Commission may issue a charge or take other appropriate action in the matter.

G. If a federal or State civil action is commenced prior to the filing of the statement of charges alleging unlawful housing discrimination under the same facts, the Commission shall dismiss the case prior to the filing of the statement of charges pursuant to COMAR 14.03.01.04F.

#### Regulation .15 Election of Civil Action or Provision of Administrative Proceeding.

*COMAR 14.03.04.15*

A. Election Process.

  (1) When a complaint is certified for further processing pursuant to State Government Article, §20-1025(a), Annotated Code of Maryland, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the complaint decided in a civil action under State Government Article, §20-1032, Annotated Code of Maryland, instead of by an administrative hearing under State Government Article, §20-1027, Annotated Code of Maryland.

  (2) The election authorized under State Government Article, §20-1026, Annotated Code of Maryland, shall be made not later than:

    (a) 20 days after the complainant, respondent, or aggrieved person on whose behalf the complaint was filed receives service under State Government Article, §20-1025(e), Annotated Code of Maryland; or

    (b) In the case of the Commission, 20 days after service is made to all other parties under State Government Article, §20-1025(e), Annotated Code of Maryland.

  (3) A person who makes an election under State Government Article, §20-1026, Annotated Code of Maryland, shall give notice of the election to the Commission and to all other complainants, respondents, and aggrieved persons on whose behalf the complaint was filed or to whom the complaint relates.

B. Civil Action by the Commission.

  (1) Action Brought on Behalf of Aggrieved Person.

    (a) Commencement. In accordance with State Government Article, §20-1032, Annotated Code of Maryland, if an election is made to pursue judicial action under State Government Article, §20-1026, Annotated Code of Maryland, the Commission's General Counsel shall commence and maintain, not later than 60 days after the election is made, a civil action seeking relief under State Government Article, §20-1026, Annotated Code of Maryland, on behalf of the aggrieved person in the circuit court for the county where the dwelling that is the subject of the alleged discrimination is located.

    (b) A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal law or State law seeking relief with respect to that discriminatory housing practice.

    (c) Relief. Relief and civil penalties shall be awarded in accordance with State Government Article, §20-1032(b), Annotated Code of Maryland.

    (d) Intervention. Any aggrieved person with respect to the issues to be determined in a civil action under State Government Article, §20-1032 may intervene as of right.

  (2) Commission-Initiated Civil Action.

    (a) Commencement. Pursuant to State Government Article, §20-1036(a), Annotated Code of Maryland, the Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:

      (i) A person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by State Government Article, Title 20, Subtitle 7 and Subtitle 10, Part II, Annotated Code of Maryland, or any group of persons has been denied any of the rights granted by State Government Article, Title 20, Subtitles 7 and Subtitle 10, Part II, Annotated Code of Maryland; and

      (ii) The resistance and denial raises an issue of general public importance.

    (b) A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the Commission under federal law or State law seeking relief with respect to that discriminatory housing practice.

    (c) Relief and attorney’s fees shall be awarded in accordance with State Government Article, §20-1036(c), Annotated Code of Maryland.

    (d) Intervention.

      (i) On timely application, a person may intervene in a civil action commenced by the Commission under §B(2)(a)—(b) of this regulation if the action involves an alleged discriminatory housing practice to which the person is an aggrieved person or a conciliation agreement to which the person is a party.

      (ii) A court may grant relief to an intervening party in accordance with State Government Article, §20-1036(d)(2), Annotated Code of Maryland.

C. Civil Action by Aggrieved Person; Private Right of Action.

  (1) Pursuant to State Government Article, §20-1035, Annotated Code of Maryland, an aggrieved person may file a civil action against the respondent in the appropriate State court to obtain relief for an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland.

  (2) Filing Period.

    (a) The action shall be filed within 2 years after the occurrence or termination of the alleged discriminatory housing practice, or the breach of a conciliation agreement, whichever is later.

    (b) The 2-year period does not include any time during which an administrative proceeding was pending for a complaint based on the alleged discriminatory housing practice under State Government Article, Title 20, Subtitle 7, Annotated Code of Maryland.

  (3) Exceptions.

    (a) Except for the purposes of enforcing a conciliation agreement, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the complaint if the Commission or a State or local unit has obtained a conciliation agreement with the consent of the aggrieved person.

    (b) If an administrative law judge has commenced a hearing on the record under Regulation .16 of this chapter with respect to the charge, an aggrieved person may not commence a civil action for the alleged discriminatory housing practice that forms the basis of the charge issued by the Commission.

  (4) A hearing under Regulation .16 of this chapter and State Government Article, §20-1027, Annotated Code of Maryland, may not continue regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by an aggrieved person under federal or State law seeking relief with respect to that discriminatory housing practice.

  (5) Relief.

    (a) Relief shall be awarded in accordance with State Government Article, §20-1035(e), Annotated Code of Maryland.

    (b) Relief granted under State Government Article, §20-1035, Annotated Code of Maryland, may not affect any contract, sale, encumbrance, or lease consummated before the granting of relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint with the Commission or civil action under State Government Article, §20-1035, Annotated Code of Maryland.

  (6) Intervention by the Commission. If the Commission certifies that the case is of general public importance and upon timely application, the Commission may intervene in a civil action brought under State Government Article, §20-1035, Annotated Code of Maryland, and obtain any relief available under State Government Article, §20-1036(c), Annotated Code of Maryland.

D. Provision of Administrative Proceeding.

  (1) Issuance of Statement of Charges.

    (a) When a party does not elect a civil action, the Commission's General Counsel shall serve a copy of the statement of charges to each respondent and each aggrieved person on whose behalf the complaint was filed by certified mail or personal service.

    (b) The Commission’s General Counsel shall file the statement of charges not later than 30 days after the case is certified for public hearing and service is made to all parties under State Government Article, §20-1025(e), Annotated Code of Maryland.

    (c) The statement of charges shall contain:

      (i) An allegation that the person on whose behalf the complaint is filed is a proper complainant within the meaning of State Government Article, Title 20, Annotated Code of Maryland;

      (ii) An allegation that the respondent is a proper respondent within the meaning of, and subject to, provisions of State Government Article, Title 20, Annotated Code of Maryland;

      (iii) A factual allegation or allegations of an unlawful discriminatory housing practice or practices; and

      (iv) A prayer for relief sought.

    (d) The Commission's General Counsel may not issue a charge under this regulation after the beginning of the trial of a civil action that is commenced by an aggrieved party under federal law or State law and that seeks relief for the same discriminatory housing practice alleged in that aggrieved party's complaint.

  (2) Answer.

    (a) Any answer made to the statement of charges shall be filed within 15 days after the notice provided in accordance with §B(3) of this regulation.

    (b) Upon application in writing to an administrative law judge, and before the end of the 15 days, an administrative law judge may, for good cause shown, extend the time within which an answer may be filed.

    (c) The answer shall be filed with the Office of Administrative Hearings and the original of the answer shall be signed under oath or affirmation of the respondent and shall contain:

      (i) The name, address, and email address of the respondent;

      (ii) The name, address, telephone number, and email address of the respondent's attorney, if any;

      (iii) A specific admission or denial or assertion that the respondent is without sufficient knowledge or information to form a belief with respect to each and every allegation of the complaint;

      (iv) A statement of any matter constituting a defense to any allegations in the statement of charges; and

      (v) A certification that service of this answer has been made upon all other parties.

    (d) Any allegation in the statement of charges which is not denied or admitted in the answer shall be considered admitted, unless the respondent states in the answer that it is without sufficient knowledge or information to form a belief with respect to this allegation.

    (e) Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply being filed, unless a reply is ordered by the administrative law judge conducting the hearing.

#### Regulation .16 Administrative Hearing Proceedings.

*COMAR 14.03.04.16*

A. General Information.

  (1) Scope.

    (a) This regulation contains the rules of practice and procedure established by the Maryland Commission on Human Relations and the Office of Administrative Hearings, under COMAR 28.02.01 in accordance with State Government Article, §20-1034, Annotated Code of Maryland, for administrative proceedings before an administrative law judge.

    (b) This regulation applies only to an administrative law judge adjudication of a complaint asserted in a charge issued under State Government Article, §20-1027, Annotated Code of Maryland, when:

      (i) An election to civil court has not been filed in accordance with Regulation .15 of this chapter; or

      (ii) The Commission determines that the action is warranted.

  (2) Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory housing practice is alleged to have occurred and in accordance with COMAR 28.02.01.07.

  (3) Time Computation.

    (a) Time computations under this regulation shall be in accordance with Article 1, §36, Annotated Code of Maryland.

    (b) In computing any time period involved, the date of the issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings.

    (c) Documents are not filed until received by the Office of Administrative Hearings.

  (4) Service and Filing.

    (a) Service of documents under this regulation shall be in accordance with COMAR 28.02.01.24.

    (b) Copies of all filed documents shall be served on all parties of record.

    (c) All filed documents shall clearly designate the docket number, if any, title of the proceeding, and certificate of service.

    (d) Parties shall file all documents with the Office of Administrative Hearings.

B. Administrative Law Judge.

  (1) Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08A and B.

  (2) Disqualification. Any disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C.

  (3) Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, §10-219, Annotated Code of Maryland.

C. Parties; Intervention.

  (1) Parties to the proceedings include:

    (a) The Commission, which files the charge under Regulation .15 of this chapter seeking appropriate relief for an aggrieved party and the public interest;

    (b) A complainant, who is the person who files a complaint of discrimination issued under Regulation .10 of this chapter;

    (c) A respondent, who is a person named in the complaint issued under Regulation .10B of this chapter against whom relief is sought;

    (d) An intervenor, who is an aggrieved person that filed a request for intervention under COMAR 28.02.01.12; and

    (e) Representation of the parties, which shall be in accordance with COMAR 28.02.01.09.

  (2) Intervention.

    (a) A request for intervention shall be made by motion in accordance with §D(2) of this regulation.

    (b) Intervention shall be permitted if the request is timely and:

      (i) The intervenor is the aggrieved person on whose behalf the complaint is issued; or

      (ii) The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the complaint, and the disposition of the complaint may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.

D. Pleadings and Motions.

  (1) Pleadings.

    (a) Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the case number assigned by the Commission, and the designation of the type of document (for example, charge, answer, or motion to dismiss).

    (b) Signature.

      (i) Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number.

      (ii) The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay.

  (2) Motions.

    (a) All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16 except if otherwise provided in §G(4) of this regulation.

    (b) Motions for intervention shall be in accordance with COMAR 28.02.01.12 except if otherwise provided in §G(4) of this regulation.

E. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10.

F. Subpoenas. Subpoenas shall be issued in accordance with State Government Article, §20-1023, Annotated Code of Maryland, and COMAR 28.02.01.11.

G. Prehearing Procedures.

  (1) Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13.

  (2) Notice of Prehearing Conferences and Hearings.

    (a) The administrative law judge shall set the matter in for a prehearing conference, hearing, or both, on the earliest date practicable.

    (b) The administrative law judge shall, by registered or certified mail, forward to the complainant and to the respondent a statement of charges and a notice of prehearing conference or hearing, which shall include the following:

      (i) The place, date, and hour of the prehearing conference, public hearing, or both;

      (ii) A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's General Counsel;

      (iii) A statement advising the respondent of the right to file an answer to the statement of charges; and

      (iv) The name of the administrative law judge who conducts the prehearing conference or hearing or a statement that an administrative law judge will be subsequently designated.

    (c) The administrative law judge shall forward a copy of the notice of prehearing conference, public hearing, or both, to the General Counsel of the Commission.

    (d) The prehearing conference, public hearing, or both, may not occur less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, public hearing, or both.

  (3) Prehearing Memorandum.

    (a) Before the commencement of a prehearing conference, the administrative law judge may direct parties to file a prehearing memorandum.

    (b) Contents of Memorandum. The memorandum shall state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following:

      (i) Issues involved in the proceeding;

      (ii) Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible;

      (iii) Facts in dispute;

      (iv) Witnesses and exhibits to be presented at the hearing;

      (v) A brief statement of applicable law;

      (vi) Conclusions to be drawn;

      (vii) Estimated time required for presentation of the party's case; and

      (viii) Such other information as may assist in the disposition of the proceeding.

  (4) Preliminary Matters — Motions.

    (a) All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing.

    (b) The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may be in support of the motion.

    (c) The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge.

    (d) An answer to a preliminary motion shall be in writing and shall include:

      (i) A memorandum stating the reasons and any law that may be in support of the answer; and

      (ii) Certification that a copy has been mailed to all parties.

    (e) The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge.

    (f) All motions shall be decided by the administrative law judge without oral argument on the motions, unless the administrative law judge desires oral argument or testimony.

    (g) If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties.

  (5) Settlement Conference. If required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14.

H. Hearing Procedures.

  (1) Date.

    (a) In accordance with State Government Article, §20-1027(b), Annotated Code of Maryland, the hearing shall commence not later than 120 days following the filing of the charge under Regulation .15 of this chapter, unless it is impracticable to do so.

    (b) If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, the respondent, and the Commission, of the reasons for the delay.

  (2) Place. The hearing shall be conducted in Baltimore City or the county where the discriminatory housing practice is alleged to have occurred.

  (3) Notice of Hearing. The parties shall be notified of the hearing in accordance with §G(2) of this regulation.

  (4) Effect of a Civil Action on Administrative Proceeding.

    (a) An administrative law judge may not continue an administrative proceeding under this regulation regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person or the Commission under an act of Congress or State law seeking relief with respect to that discriminatory housing practice.

    (b) If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding.

    (c) The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under State Government Article, §20-1037, Annotated Code of Maryland, does not affect administrative proceedings under this regulation.

  (5) Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17.

  (6) Evidence. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland, and COMAR 28.02.01.18.

  (7) Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15 upon the showing of mutual consent of the parties.

  (8) Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15 upon showing:

    (a) Mutual consent of the parties;

    (b) The affiant is unavailable to testify; and

    (c) The party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant.

  (9) Failure to Attend Hearing and Default. A party's failure to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20.

  (10) Appointment of Interpreter. In situations when an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19.

  (11) Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21.

  (12) Transcript of Hearing Record.

    (a) The administrative law judge shall cause the testimony taken at the hearing to be transcribed.

    (b) This transcript, together with all pleadings, exhibits, and other materials introduced into evidence shall constitute the record of the case as defined by State Government Article, §10-210, Annotated Code of Maryland.

#### Regulation .17 Dismissals and Decisions.

*COMAR 14.03.04.17*

A. Dismissals. If the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a State law and seeks relief for an alleged discriminatory housing practice has begun, an administrative law judge shall dismiss the administrative proceeding.

B. Decision of Administrative Law Judge.

  (1) In General.

    (a) Within the time period set forth in §B(6) of this regulation and State Government Article, §20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order including findings of fact and conclusions of law upon each material issue of fact and law presented on the record.

    (b) Decisions and provisional orders by the administrative law judge shall be in accordance with COMAR 28.02.01.22.

  (2) Finding Against Respondent.

    (a) If the administrative law judge finds that a respondent has engaged in a discriminatory housing practice, the administrative law judge shall issue a decision against the respondent and order such relief as may be appropriate.

    (b) The relief may include, but is not limited to, the following:

      (i) Actual damages suffered by the complainant or the aggrieved person including damages caused by humiliation or embarrassment;

      (ii) Injunctive relief or such other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief;

      (iii) Civil penalty against the respondent in accordance with State Government Article, §20-1028(b)(2), Annotated Code of Maryland; and

      (iv) In a proceeding involving two or more respondents, a civil penalty as provided under §B(2)(b)(iii) of this regulation assessed against each respondent found to be engaged in a discriminatory housing practice.

  (3) Relief vindicating the public interest includes:

    (a) Civil penalties;

    (b) Remedial affirmative activities to overcome discriminatory housing practices;

    (c) Reporting requirements; or

    (d) Monitoring and enforcement activities.

  (4) The administrative law judge may assess a civil penalty against the respondent in an amount that does not exceed:

    (a) $10,000, if the respondent has not been adjudged by order of the administrative law judge or a court to have committed a prior discriminatory housing practice;

    (b) Except as provided in §B(5) of this regulation, $25,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the charge; or

    (c) Except as provided in §B(5) of this regulation, $50,000 if the respondent has been adjudged by order of the administrative law judge or a court to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the charge.

  (5) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in §§B(4)(b)—(c) of this regulation may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

  (6) All civil penalties shall be awarded in accordance with COMAR 14.03.03.02.

  (7) At the request of the Commission, the Commission's General Counsel shall sue to recover a civil penalty due under this section.

  (8) Restrictions on Relief. In accordance with State Government Article, §20-1028(c), Annotated Code of Maryland, an order issued by the administrative law judge may not affect any contract, sale, encumbrance, or lease consummated before the issuance of the decision and provisional order that involved a bona fide purchaser, encumbrancer, or tenant without actual knowledge of the charges filed under Regulation .15 of this chapter.

  (9) Finding in Favor of Respondent.

    (a) If the administrative law judge finds that a respondent has not engaged in a discriminatory housing practice, the administrative law judge shall make a decision and provisional order dismissing the charge.

    (b) The Commission shall make public disclosure of each dismissal.

  (10) Date of Issuance.

    (a) In accordance with State Government Article, §20-1028(a), Annotated Code of Maryland, the administrative law judge shall issue a decision and provisional order within 60 days after the end of the hearing, unless it is impracticable to do so.

    (b) If the administrative law judge is unable to issue the decision and provisional order within the time period (or within any succeeding 60-day period), the administrative law judge shall notify in writing all parties, the aggrieved person on whose behalf the charge was filed, and the Commission of the reasons for the delay.

C. Service of Decision and Provisional Order. In accordance with State Government Article, §20-1029(b), Annotated Code of Maryland, the decision and provisional order of an administrative law judge shall be delivered to all parties, the aggrieved person on whose behalf the charge was filed, the respondent and the Commission with a notice indicating the right of the Commission, the aggrieved person, or the respondent to enter an appeal of this decision and provisional order to an appeal board of the Commission within 30 days.

D. Review by the Appeal Board. An appeal to an appeal board of the Commission shall be in accordance with COMAR 14.03.01.12.

E. Final Decision and Order.

  (1) In the absence of a timely appeal, the decision and provisional order of the administrative law judge shall become the final decision and order of the Commission signed by the chairman and from which no further administrative appeal may be taken.

  (2) Appeal Noted.

    (a) If an appeal is noted, the appeal board of the Commission in accordance with COMAR 14.03.01.12F may review any finding of fact, conclusions of law, or order contained in the decision and provisional order of the administrative law judge and issue a final decision in the proceedings.

    (b) The appeal board may affirm, reverse, or modify, in whole or in part, the decision and provisional order or remand the decision and provisional order for further proceedings.

    (c) In making its determination, the appeal board shall consider the entire record, including the decision of the administrative law judge.

    (d) The final decision and order shall be served on all parties, the aggrieved person on whose behalf the charge was filed, and the Commission's staff.

F. Action Upon Issuance of a Final Decision and Order — Licensed or Regulated Businesses.

  (1) If a final decision and order includes a finding that a respondent has engaged, or is about to engage, in a discriminatory housing practice in the course of a business that is subject to licensing or regulation by a federal, State, or local governmental agency, the Commission shall:

    (a) Notify the governmental agency of the decision by sending copies of the findings of fact and conclusions of law and the final decision to the governmental agency by certified mail;

    (b) Recommend appropriate disciplinary action to the governmental agency, including, when appropriate, the suspension or revocation of the license of the respondent; or

    (c) Recommend the suspension or disbarment of the respondent from participation in State and local loan, grant, or other regulated programs.

  (2) Petition for Judicial Review.

    (a) The Commission shall give notice of the appropriate disciplinary action to the governmental agencies within 30 days after the issuance of the final decision, unless a petition for judicial review of the final decision and order as described in Regulation .18 of this chapter has been filed before the issuance of the notification of the agency.

    (b) If a petition for judicial review has been filed, the Commission shall provide the notification to the governmental agency within 30 days of the date that the final decision and order is affirmed on review.

    (c) If a petition for judicial review is timely filed following the notification of the governmental agency, the Commission shall promptly notify the governmental agency of the petition and withdraw the recommendation.

G. Attorney's Fees and Costs.

  (1) Following the issuance of the final decision and order under §E of this regulation, any prevailing party, including the Commission, may apply for attorney's fees and costs.

  (2) The administrative law judge shall issue a decision and provisional order awarding or denying these fees and costs.

H. Final Administrative Disposition.

  (1) The final disposition of a complaint by the administrative process shall be within 1 year of receipt of the complaint unless it is impracticable to do so.

  (2) If the administrative disposition of the complaint does not occur within 1 year, the Commission shall notify in writing all parties, including the aggrieved person on whose behalf the charge was filed, of the reason for the delay.

I. Effect of Commission Order. A Commission order under State Government Article, §§20-1026—20-1034, Annotated Code of Maryland, and these regulations does not affect a contract, sale, encumbrance, or lease that was consummated before the Commission issued the order, and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under State Government Article, Title 20, Annotated Code of Maryland, or these regulations.

#### Regulation .18 Judicial Review and Enforcement of Final Decision and Order.

*COMAR 14.03.04.18*

A. Judicial Review of Final Decision and Order.

  (1) Petition for Review.

    (a) Any party adversely affected by a final decision and order under Regulation .17E of this chapter may file a petition in the circuit court of the judicial circuit in which the discriminatory housing practice is alleged to have occurred under State Government Article, §20-1030(a), Annotated Code of Maryland.

    (b) The petition shall be filed within 30 days of the date of issuance of the final decision.

  (2) No Petition for Review. If no petition for review is filed under §A(1) of this regulation within 30 days after the final decision and order is entered, the findings of facts and final decision and order shall be conclusive in connection with any petition for enforcement described under this section filed by the General Counsel, and in connection with any petition for enforcement described under §B of this regulation after the end of the 45th day after the final decision and order is entered.

B. Enforcement of Final Decision.

  (1) Enforcement by the Commission. Following the issuance of a final decision and order under Regulation .17E of this chapter, the General Counsel may petition the appropriate circuit court for the enforcement of the final decision and order and for appropriate temporary relief or restraining order in accordance with State Government Article, §20-1031(a), Annotated Code of Maryland.

  (2) Enforcement by Others. If before the expiration of 60 days from the date of issuance of the final decision and order under Regulation .17E of this chapter, no petition for review of the final decision and order described under this regulation has been filed, and the General Counsel has not sought enforcement of the final decision and order as described under §B(1) of this regulation, a person entitled to relief under the final decision and order may petition the appropriate circuit court for enforcement of the final decision in accordance with State Government Article, §20-1031(e), Annotated Code of Maryland.

#### Regulation .19 Pattern and Practice.

*COMAR 14.03.04.19*

A. Engagement in Pattern and Practice Discrimination. In accordance with State Government Article, §20-1036(a), Annotated Code of Maryland, the Commission may take action upon the finding by the Commission that it has probable cause to believe that:

  (1) A person or group of persons is engaged in a pattern and practice of resistance to the full enjoyment of any of the rights granted by State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland; or

  (2) Any group of persons has been denied any of the rights granted by State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, and that the denial or resistance raises an issue of general public importance.

B. Enforcement. The Commission may commence a civil action in the appropriate circuit court.

C. Subpoena. A subpoena issued under this regulation and State Government Article, §20-1036(b), Annotated Code of Maryland, may be enforced by the Commission or other party at whose request the subpoena is issued in appropriate proceedings in the circuit court for Baltimore City or the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

D. Relief. The court, in accordance with State Government Article, §20-1036(c), Annotated Code of Maryland, may:

  (1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of State Government Article, §§20-701—20-710 and 20-1020—20-1037, Annotated Code of Maryland, as is necessary to assure the full enjoyment of the rights granted by State Government Article, Title 20, Annotated Code of Maryland;

  (2) Award other relief as the court deems appropriate, including monetary damages to persons aggrieved; and

  (3) To vindicate the public interest, assess a civil penalty against the respondent:

    (a) In an amount not exceeding $50,000 for a first violation, and

    (b) In an amount not exceeding $100,000 for any subsequent violation.

E. Attorney's Fees and Cost. The Court, in its discretion, may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.

F. Intervention.

  (1) Upon timely application, a person may intervene in a civil action commenced by the Commission under State Government Article, §20-1036(d), Annotated Code of Maryland, and this regulation, if the action involves:

    (a) An alleged discriminatory housing practice to which the person is an aggrieved person; or

    (b) A conciliation agreement to which the person is a party.

  (2) The court may grant appropriate relief to any intervening party as is authorized to be granted to a plaintiff in a civil action under State Government Article, §20-1035(e), Annotated Code of Maryland.

  (3) Attorney's fees and cost shall be allowed in the discretion of the court or administrative law judge as follows:

    (a) An intervenor shall be liable for reasonable attorney's fees and costs only to the extent that an intervenor's participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment; or

    (b) To the extent that an intervenor is a prevailing party, the respondent shall be liable for reasonable attorney's fees.