This is informational only and not legal advice.

An eviction in Maryland’s rental housing market creates a visible record in two ways: as a court case in the Maryland District Court civil system and, if the landlord reported it, as a tradeline or notation in a tenant screening consumer report. Many commercial background screening companies compile Maryland District Court eviction records as part of standard tenant screening products. These records are not governed by criminal record law — they are civil court filings — and they can appear in background checks for up to seven years under the federal Fair Credit Reporting Act (FCRA).

Maryland law does not require landlords to ignore eviction history when evaluating applicants, and most standard screening criteria treat recent evictions as serious negative marks. However, context matters considerably. A past eviction for nonpayment during COVID-19 or other documented hardship may be evaluated differently than a pattern of evictions for lease violations. Landlords in Maryland are permitted to conduct individualized assessments, and the Maryland Tenants’ Bill of Rights — effective July 1, 2025 — affirms baseline tenant protections, including the right to fair and transparent lease processes.

Members with past evictions should know their District Court case history, request copies of their consumer tenant screening reports, and be prepared to explain circumstances and provide documentation of current stability. Certain eviction records in Maryland may be eligible for court record shielding under Maryland Courts rules, and the 2026 Clean Slate Act (HB 360) proposes automated sealing of some civil records over time.

This is informational only and not legal advice.

An eviction in Maryland moves through the Maryland District Court system, which has jurisdiction over landlord-tenant matters statewide. The most common eviction action is a Failure to Pay Rent (FTPR) complaint filed under Maryland Code, Real Property Article § 8-401, which allows a landlord to seek repossession when a tenant fails to pay rent when due. Breach of lease evictions are governed by § 8-402.1 and require at least a 30-day written notice of violation prior to filing in most cases. Once a landlord files a complaint, the case becomes a public civil court record in the Maryland District Court system.

The significance of this is practical and immediate: most tenant screening companies in Maryland access District Court eviction records in their products. Under the FCRA, a consumer reporting agency generally may not report negative civil records older than seven years. However, eviction judgments and case histories can appear in both credit reports and in dedicated tenant screening reports as separate data sets, and some landlord screening tools pull court records directly independent of FCRA-governed reporting.

Under the Maryland Tenants’ Bill of Rights (effective July 1, 2025), landlords are now required to attach a copy of the Bill of Rights to every residential lease. While this does not restrict landlord use of eviction history in screening, it does affirm tenant rights to fair and consistent lease terms and creates a baseline of transparency in the rental relationship. The Bill of Rights was promulgated under legislation signed into law and implemented through the Maryland Department of Housing and Community Development (DHCD).

What a Member With a Past Eviction Should Know

There is no Maryland statute that prohibits a private landlord from denying tenancy on the basis of a prior eviction record. Private landlords are largely free to set their own criteria. That said, a past eviction is not a permanent legal bar, and many landlords — particularly those managing smaller portfolios, mission-based affordable housing operators, or landlords in higher-vacancy markets — will consider applicants with eviction history on a case-by-case basis.

The key variables that affect how a past eviction impacts a rental application include how recent the eviction was, whether it resulted in a money judgment against the tenant, whether the debt

was satisfied, and whether the applicant has demonstrated rental stability or payment consistency since then. An eviction from five or more years ago, where no money judgment remains outstanding, carries significantly less weight than a recent eviction with an unsatisfied judgment.

Members with past evictions should gather several categories of documentation before applying. First, obtain the actual District Court case record from the Maryland Judiciary Case Search at mdcourts.gov so that you know exactly what the record shows. Second, request your tenant screening reports from any commercial screening company referenced by a prospective landlord. Under the FCRA, you are entitled to a copy of any consumer report used to take adverse action against you. Third, document your rental payment history since the eviction through bank statements, rent receipts, landlord reference letters, or ledgers. Fourth, if any money judgment from the eviction remains unsatisfied, consult with a legal aid attorney about whether satisfying the judgment or working out a payment arrangement is possible.

Maryland does have a process for sealing certain eviction records. Under Maryland Courts rules and recent legislative developments, tenants may petition to shield certain District Court civil case records from public access. The 2026 Maryland Clean Slate Act (HB 360), which was pending as of June 2026, would automate certain sealing processes. Members should contact Maryland Legal Aid or the Maryland Volunteer Lawyers Service for current guidance on eviction record petition processes specific to their county and case type.

Housing Navigation Strategy

Members navigating rental applications with eviction history should consider applying to landlords who expressly accept individuals with rental challenges, contacting local Community Development Corporations, approaching nonprofit and mission-based affordable housing operators, and working with housing navigators affiliated with DHCD-certified counseling agencies. In Baltimore City and several counties, right-to-counsel programs and tenant defense organizations can also assist members in understanding their record and how to best present their application history.

This is informational only and not legal advice.

Statutory and Procedural Framework

Maryland landlord-tenant law is codified primarily in the Real Property Article of the Annotated Code of Maryland, Title 8. Eviction for nonpayment of rent proceeds under § 8-401, which authorizes a landlord to file a Failure to Pay Rent action in the District Court of Maryland when a tenant is in arrears. Notice requirements vary by lease type: for month-to-month tenancies, the landlord must first issue a demand for rent, and if unpaid, may proceed to District Court without a waiting period in many jurisdictions. For breach of lease evictions under § 8-402.1, the landlord generally must provide the tenant with a written 30-day breach notice before filing. In Baltimore City, certain enhanced notice requirements and local procedural rules apply.

The actual eviction — physical removal — requires a warrant of restitution issued by the court under § 8-407, and the landlord must provide the tenant with at least six days’ notice of the eviction date before execution. As of October 1, 2025, § 8-407 was updated and remains in force under the 2025 Maryland Code, Real Property.

Eviction cases in the Maryland District Court are civil records, not criminal records, and are therefore not subject to the criminal record expungement statute found in Maryland Criminal Procedure Article §§ 10-101 through 10-110. Eviction records are accessible through the Maryland Judiciary Case Search (casesearch.courts.state.md.us), which is a public-access system. Most commercial tenant screening vendors include Maryland District Court civil records as a standard product component.

Under the FCRA (15 U.S.C. § 1681 et seq.), consumer reporting agencies generally may not report adverse civil public record information — including eviction judgments — that is more than seven years old. This seven-year reporting window applies to negative items in a consumer report. However, the FCRA applies to consumer reporting agencies; it does not prohibit a landlord from independently searching the Maryland Judiciary Case Search and finding records directly. Practitioners and navigators should understand this distinction clearly: FCRA coverage applies to what a consumer reporting agency may report, not to what a landlord may independently discover.

Under the FCRA adverse action provisions (15 U.S.C. § 1681m), if a landlord denies tenancy based wholly or in part on information from a consumer report, the landlord must provide the applicant with an adverse action notice identifying the consumer reporting agency and informing the applicant of the right to obtain a free copy of the report and to dispute inaccuracies. Members who receive a denial and did not receive an adverse action notice may have a valid FCRA claim.

Maryland Tenants’ Bill of Rights (Effective July 1, 2025)

The Maryland Tenants’ Bill of Rights, required under legislation and administered by DHCD, mandates that landlords attach a copy of the current Bill of Rights to every residential lease

beginning July 1, 2025. While this measure does not restrict the use of eviction history in screening, it creates a formal standard of transparency and affirms tenant rights throughout the lease process.

Maryland Portable Tenant Screening Report

Maryland law, under Real Property Article § 8-218 (as amended by SB 937, Chapter 752 of 2026), authorizes a prospective tenant to obtain a reusable tenant screening report from a consumer reporting agency and provide it directly to a landlord at no charge to the landlord. This report must include a credit report, a criminal history check (now subject to the Fair Chance Housing Act’s limitations), eviction history for all jurisdictions for the previous seven years, employment and income verification, and current address and rental history. The portable report mechanism allows an applicant to control the timing and presentation of their screening information.

Maryland has had a mechanism for shielding certain civil court records, including some eviction records, through petition to the District Court. The standards for shielding vary and depend on case outcome and local court rules. The Maryland Clean Slate Act of 2026 (HB 360), which was moving through the legislature as of the current date, would automate the sealing process for certain eligible civil and criminal records. Practitioners should monitor the Maryland General Assembly’s website (mgaleg.maryland.gov) for updates on the Clean Slate Act’s enacted provisions and effective date.

Fair Housing Implications

While eviction history is not a protected class under the federal Fair Housing Act (42 U.S.C. § 3604) or the Maryland Fair Housing Act (Article 49B of the Annotated Code of Maryland, now codified in State Government Article §§ 20-701 through 20-742), practitioners should be alert to fair housing issues when eviction history screening policies have a racially or otherwise discriminatorily disparate impact. HUD issued guidance in 2016 on the use of criminal records and eviction history in rental screening, affirming that policies with unjustified disparate impact may violate the Fair Housing Act. Maryland HB 573 (signed May 26, 2026 alongside SB 937) strengthened Maryland’s fair housing protections by codifying disparate impact protections at the state level, which may have implications for eviction history screening policies that disproportionately exclude protected classes.

Practitioner Navigation Notes

Legal advocates working with clients who have eviction records should first obtain the complete District Court case history, identify whether any money judgment was entered, determine whether the judgment has been satisfied, and assess whether any consumer report errors exist. If a money judgment remains active, satisfaction of that judgment can meaningfully reduce its

impact on credit reports over time. Advocates should also assess eligibility for eviction record shielding under current Maryland Court rules and monitor Clean Slate Act developments.

For clients in Baltimore City, practitioners should be aware that the Public Justice Center’s Housing Right to Counsel program and Maryland Legal Aid’s Access to Counsel in Evictions program provide free representation in eviction cases that can prevent new eviction records from forming.

This is informational only and not legal advice.

The primary statutory framework for Maryland evictions is found in the Annotated Code of Maryland, Real Property Article, Title 8 — Landlord and Tenant. Failure to Pay Rent evictions are governed by § 8-401. Breach of lease evictions are governed by § 8-402.1. Warrant of restitution and notice procedures are governed by § 8-407 (effective October 1, 2025 version). The broader landlord-tenant statutory framework is available through the Maryland General Assembly’s website at mgaleg.maryland.gov.

The federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) governs the reporting of consumer information, including eviction records, by consumer reporting agencies and imposes adverse action notice requirements on housing providers who use consumer reports to deny tenancy.

The Maryland Tenants’ Bill of Rights, effective July 1, 2025, was implemented through DHCD and is published at dhcd.maryland.gov. Maryland’s Fair Housing law is codified in the State Government Article §§ 20-701 through 20-742 and is enforced by the Maryland Commission on Civil Rights (MCCR) at mccr.maryland.gov. Maryland HB 573 (Chapter 751, signed May 26, 2026) strengthened the state’s disparate impact fair housing protections.

The Maryland Clean Slate Act of 2026 (HB 360), as of June 2026, was progressing through the legislature as a proposal to automate sealing of certain eligible records. The Maryland Expungement Reform Act of 2025 (SB 432, Chapter 95) is in effect and expanded eligibility for petition-based criminal record expungement.

Maryland Judiciary Case Search — the public portal for District Court civil records — is accessible at casesearch.courts.state.md.us.

An eviction record in Maryland appears in both the Maryland Judiciary Case Search public database and in commercial tenant screening reports. Screening companies may include

eviction records going back up to seven years in consumer reports governed by the FCRA. Landlords may also independently search the Maryland Judiciary Case Search system. An eviction money judgment may appear as a negative item on a credit report and can affect credit scoring.

The impact of an eviction on a rental application depends on the landlord’s criteria, the age of the eviction, whether a money judgment was entered, whether the debt was satisfied, and whether the applicant can demonstrate post-eviction rental stability. Private landlords in Maryland set their own screening criteria. Public housing authorities and HUD-assisted programs have additional standards, including HUD’s mandatory denial criteria for certain criminal activity (not applicable to eviction records themselves) and program-specific screening rules.

A portable tenant screening report under Real Property Article § 8-218 allows an applicant to present their eviction history on their own terms and timeline, which can help in framing context and explanations proactively.

Maryland Legal Aid — Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal representation for income-eligible tenants facing eviction, eviction defense, record review, and landlord-tenant disputes. Maryland Legal Aid has 12 offices across the state.

Maryland Legal Aid — Tenant Right to Counsel Project (TRCP) Phone: 410-539-5340 Website: mdlab.org/access-to-counsel-in-evictions-program-ace What it helps with: Free representation in eviction cases in Baltimore City and select jurisdictions for income-eligible tenants.

Public Justice Center — Human Right to Housing Project Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org/en/human-right-to-housing What it helps with: Free legal assistance to tenants facing eviction, unsafe housing conditions, and predatory landlord practices, with a focus on Baltimore City.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help for income-eligible Marylanders, including housing matters, eviction defense, and record-clearing assistance.

People’s Law Library of Maryland — Tenant Advocacy Services Statewide Phone: Not listed (online resource) Website: peoples-law.org What it helps with: Free online legal information about eviction law, lease rights, and landlord-tenant disputes in Maryland.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Filing complaints about housing discrimination under the Maryland Fair Housing Act, including screening practices with unjustified disparate impact.

Baltimore City Community Relations Commission Baltimore City Phone: 410-396-3141 Website: baltimorecity.gov What it helps with: Local fair housing complaints in Baltimore City.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: Connects residents with HUD-approved housing counseling agencies for rental, homeownership, and housing navigation support.

St. Ambrose Housing Aid Center Baltimore City Phone: 410-366-8550 Website: stambros.org What it helps with: HUD-approved housing counseling, rental housing navigation, and tenant support services.

Neighborhood Housing Services of Baltimore Baltimore City Phone: 410-327-1200 Website: nhsbaltimore.org What it helps with: HUD-approved housing counseling, rental readiness, and community housing programs.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: Public housing applications, Housing Choice Voucher (Section 8) program, and housing assistance for Baltimore City residents.

Maryland DHCD Housing Choice Voucher Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx What it helps with: State-administered Housing Choice Voucher program serving select Maryland jurisdictions.

Maryland Code, Real Property Article § 8-401 — Failure to Pay Rent: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-401

Maryland Code, Real Property Article § 8-402.1 — Breach of Lease: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402.1

Maryland Code, Real Property Article § 8-407 — Warrant of Restitution (effective October 1, 2025 version): govt.westlaw.com/mdc

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov/Tenant-Landlord-Affairs/Pages/Tenants-Bill-of-Rights.aspx

Maryland Fair Housing Law — State Government Article §§ 20-701 through 20-742: mccr.maryland.gov

Maryland HB 573 — Fair Housing and Discriminatory Effect (Chapter 751, signed May 26, 2026): mgaleg.maryland.gov

Maryland Clean Slate Act of 2026 (HB 360) — Pending Automated Sealing Proposal: cleanslatemaryland.org

Maryland Expungement Reform Act of 2025 (SB 432, Chapter 95): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Judiciary Case Search — Public Civil Record Portal: casesearch.courts.state.md.us

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) — FTC Consumer Guidance: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

Maryland Legal Aid: mdlab.org

Public Justice Center: publicjustice.org

Maryland People’s Law Library — Breaking a Lease: peoples-law.org/breaking-lease

Maryland DHCD Housing Counseling PDF (June 2025): dhcd.maryland.gov/Residents/Documents/HousingCounselors.pdf

This is informational only and not legal advice.

accordingly. Any remaining debt may result in a civil judgment that appears on your credit report. To move forward, document what happened, confirm whether any money owed was paid, request your tenant screening report to see what it shows, and prepare a clear, honest explanation for future landlords. Some landlords, especially smaller operators, evaluate broken lease circumstances individually.

This is informational only and not legal advice.

A broken lease in Maryland means a tenant ended a tenancy before the lease expiration date without legal authority to do so, or without following any early termination clause the lease may have contained. The legal and financial consequences of a broken lease differ significantly from a formal eviction, but the housing screening impact can be similarly challenging.

Under Maryland Code, Real Property Article § 8-207, when a tenant vacates a unit before the lease ends, the landlord has a statutory duty to mitigate damages — meaning the landlord must make a reasonable, good-faith effort to re-rent the unit. The landlord cannot simply allow the unit to sit vacant and continue to accrue the full remaining rent as a claim against the tenant. If the landlord successfully re-rents the unit, the tenant’s liability is reduced to the rent owed from the date of vacating through the date of new occupancy, plus reasonable re-rental costs.

If the broken lease results in an unpaid balance and the landlord pursues legal action, a civil money judgment may be entered in Maryland District Court, which will appear in public court records and potentially on credit reports through consumer reporting agencies. Tenant screening reports often flag broken lease histories obtained through rental reference checks or landlord network databases.

Maryland does not recognize most personal hardship circumstances as legal grounds to break a lease. Legal early termination rights exist only in specific situations: active military duty, documented medical necessity requiring relocation, domestic violence victimization (allowing termination with proper notice and documentation under § 8-5A-01 et seq.), and situations where the property is rendered uninhabitable and the tenant pursues constructive eviction or rent escrow.

This is informational only and not legal advice.

What Constitutes a Broken Lease

Under Maryland landlord-tenant law, a lease is a binding contract. When a tenant departs before the lease expiration date without following a legal early termination pathway or exercising an early termination clause in the lease itself, the tenant is in breach of contract. Maryland law does not provide a general right to break a lease for personal reasons such as job relocation, inability to afford rent, or desire to move to a different location. The law does recognize specific legal grounds for early termination.

Under Real Property Article § 8-212.1, a tenant on active military duty who receives a temporary duty order for more than three months or a permanent change of station order may terminate the lease with written notice and documentation. Liability in that case is capped at 30 days’ rent plus the cost of repairing tenant-caused damages. Under § 8-212.2, a tenant who requires relocation due to medical necessity may terminate the lease with a physician’s certification and written notice, with liability capped at two months’ rent after the vacating date. Under Real Property Article §§ 8-5A-01 through 8-5A-07, a victim of domestic violence may terminate a lease early with proper documentation.

Beyond these specific statutes, a tenant may be able to establish constructive eviction — a legal doctrine allowing lease termination where the landlord’s failure to maintain the property renders it effectively uninhabitable — through rent escrow proceedings or a direct action in District Court.

Landlord’s Duty to Mitigate

A critical protection for Maryland tenants who break a lease is the statutory duty to mitigate under Real Property Article § 8-207. When a tenant vacates prematurely, the landlord cannot simply accumulate the remaining rent as a debt. The landlord must make a reasonable good-faith effort to re-rent the unit. The landlord is not required to give the prematurely vacated unit preference over other available units, but the landlord cannot hide the vacancy either. If the landlord successfully re-rents the unit, the departing tenant owes rent only from the vacating date through the new tenancy start date, plus reasonable reletting costs such as advertising expenses.

How a Broken Lease Appears in Screening

A broken lease may appear in rental screening in multiple ways. First, if the landlord obtained a civil money judgment in Maryland District Court, that judgment appears in the public court record accessible through the Maryland Judiciary Case Search and may be reported on credit reports and tenant screening reports. Second, the landlord may report the account to a rental debt collection agency or a landlord database such as the National Tenant Network, which tenant screening companies may search. Third, many landlords contact previous landlords as references, and a prior landlord may disclose the broken lease directly.

Under FCRA rules, negative items on a consumer report — including unpaid lease balances — are generally reportable for up to seven years from the date of the original delinquency.

Members should be aware that a paid or settled broken lease debt is generally viewed more favorably than an unresolved one, even if the payment appears on their screening report.

Members with a broken lease in their history should take several preparatory steps before applying to new housing. Obtain a copy of your Maryland Judiciary Case Search record to confirm whether a civil judgment was entered. Request a copy of your credit report and tenant screening report to see exactly what is being reported. If a balance was owed and remains unpaid, assess whether settlement or payment is feasible — doing so can meaningfully improve your rental application position. If the broken lease resulted from documented hardship (job loss, medical emergency, domestic violence), gather documentation that tells that story.

When approaching new landlords, honest, proactive disclosure with documentation of the circumstances and your steps since then is generally more effective than allowing the record to be discovered without context. Many landlords, particularly those managing smaller rental portfolios or mission-based affordable housing properties, are willing to consider applicants with broken lease history when a stable picture of present circumstances is presented clearly.

Maryland’s domestic violence lease termination statute (Real Property Article §§ 8-5A-01 through 8-5A-07) allows a tenant who is a victim of domestic violence, sexual assault, or stalking to terminate a lease early by providing written notice and supporting documentation (such as a court protective order, police report, or written statement from a professional). When properly exercised, this protects the tenant from liability for the remaining lease term beyond a defined notice period. A landlord may not disclose information provided by the tenant under this provision to the alleged abuser.

This is informational only and not legal advice.

The governing statutes for broken leases in Maryland are found in the Annotated Code of Maryland, Real Property Article, Title 8:

Real Property Article § 8-207 establishes the landlord’s duty to mitigate damages when a tenant prematurely vacates, requiring a good-faith effort to re-rent the unit and limiting the tenant’s continuing liability accordingly.

Real Property Article § 8-212.1 governs military duty-based early lease termination. A tenant on active duty receiving a qualifying order may terminate with written notice, limiting liability to 30 days’ rent and repair costs.

Real Property Article § 8-212.2 governs medical necessity lease termination. A physician’s certification and written notice terminate liability at two months’ rent after the vacating date.

Real Property Article §§ 8-5A-01 through 8-5A-07 govern domestic violence, sexual assault, and stalking lease termination protections. These provisions allow a qualifying tenant to terminate early with documentation and protect tenant confidentiality.

Real Property Article § 8-208 governs written lease requirements for landlords offering five or more units.

The Maryland Tenants’ Bill of Rights (effective July 1, 2025) requires that landlords attach a current copy of the Bill of Rights to every residential lease.

When a landlord obtains a civil money judgment in Maryland District Court for unpaid rent following a broken lease, that judgment becomes a public record enforceable for up to twelve years, renewable under Maryland Courts and Judicial Proceedings Article § 5-102. A judgment creditor may seek wage garnishment or levy on bank accounts. The judgment will appear on credit reports and may appear in tenant screening reports for up to seven years from the date of original delinquency under 15 U.S.C. § 1681c(a)(2).

Practitioners should advise clients to verify whether a civil judgment exists, determine whether the judgment has been satisfied, and counsel on the possibility of negotiating a consent judgment or settlement with the former landlord. Satisfaction of a judgment does not immediately remove it from credit reports but reduces its impact and demonstrates resolution.

FCRA Considerations

The FCRA applies to information reported by consumer reporting agencies and governs what information a CRA may report in a consumer report used for housing purposes. Under 15 U.S.C. § 1681m, any landlord who takes adverse action based wholly or in part on a consumer report must provide an adverse action notice identifying the CRA, informing the applicant of the right to a free copy of the report, and advising of the right to dispute inaccuracies. Practitioners who encounter clients denied housing based on reported broken lease information should immediately assess whether an adverse action notice was provided, whether the information reported is accurate, and whether any dispute process should be initiated under 15 U.S.C. § 1681i.

Maryland Security Deposit Considerations

Maryland Real Property Article §§ 8-203 through 8-213 govern security deposits. A landlord cannot retain a security deposit solely on the basis that a tenant broke the lease — the landlord must document actual damages. Under the Maryland Tenants’ Bill of Rights and related DHCD guidance effective July 1, 2025, landlords’ security deposit claims must be documented with itemized written statements. A wrongful security deposit withholding may itself be actionable by the tenant.

Fair Housing and Disparate Impact Considerations

While broken lease history is not a protected classification, practitioners should assess whether a landlord’s blanket exclusion policy for applicants with broken leases has a racially or otherwise discriminatorily disparate impact. Maryland HB 573 (Chapter 751, signed May 26, 2026) codified disparate impact protections in Maryland’s Fair Housing law, making it possible to challenge screening policies that, while facially neutral, disproportionately exclude members of protected classes without adequate justification.

A tenant who exercised the domestic violence lease termination protections under §§ 8-5A-01 through 8-5A-07 is protected from liability for the remaining lease beyond the notice period and from landlord disclosure of confidential documentation. However, the termination itself may still appear in court records if any related proceedings occurred. Legal advocates working with domestic violence survivor clients should assess what, if any, court record exists from the prior tenancy and advise accordingly on the housing application process.

This is informational only and not legal advice.

Maryland Real Property Article § 8-207 — Landlord’s duty to mitigate: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-207

Maryland Real Property Article § 8-212.1 — Military duty early termination: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-212.1

Maryland Real Property Article § 8-212.2 — Medical necessity early termination: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-212.2

Maryland Real Property Article §§ 8-5A-01 through 8-5A-07 — Domestic violence, sexual assault, and stalking lease termination: mgaleg.maryland.gov

Maryland Real Property Article § 8-208 — Written lease requirements: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208

Maryland Real Property Article §§ 8-203 through 8-213 — Security deposits: mgaleg.maryland.gov

Maryland Courts and Judicial Proceedings Article § 5-102 — Judgment enforcement period: mgaleg.maryland.gov

Maryland Tenants’ Bill of Rights (effective July 1, 2025): dhcd.maryland.gov/Tenant-Landlord-Affairs/Pages/Tenants-Bill-of-Rights.aspx

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): ftc.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742) as strengthened by HB 573 (Chapter 751, signed May 26, 2026): mccr.maryland.gov

A broken lease can appear in a Maryland rental application in the following ways: as a civil money judgment in Maryland District Court accessible through the Maryland Judiciary Case Search; as a reported tradeline on a credit report if the debt was sent to collections; as a notation in a landlord reference database or specialized tenant screening report; and through direct landlord reference checks by a prospective landlord who contacts the prior landlord by phone or letter. A properly exercised military or medical or domestic violence early termination under the applicable statutes should not result in a judgment, though the termination event itself may still appear in landlord reference conversations.

Under FCRA, negative civil records are generally reportable for up to seven years from the date of original delinquency. Members should obtain both a credit report and a dedicated tenant screening report to understand the full picture of what is being reported before applying.

Maryland Legal Aid — Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal help for income-eligible individuals, including lease disputes, broken lease defense, eviction defense, and landlord-tenant counseling.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help including housing matters for income-eligible Marylanders. MVLS accepts referrals and operates a statewide network of volunteer attorneys.

Public Justice Center — Human Right to Housing Project Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org/en/human-right-to-housing What it helps with: Tenant advocacy, defense against predatory landlord practices, broken lease disputes, and systemic housing justice work.

People’s Law Library of Maryland — Breaking a Lease Resource Statewide (online) Phone: Not listed Website: peoples-law.org/breaking-lease What it helps with: Plain-language Maryland law information on lease termination rights, mitigation duty, and early termination provisions.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Filing housing discrimination complaints under the Maryland Fair Housing Act, including complaints about screening policies with disparate impact.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: Connects residents with HUD-approved counseling agencies for rental navigation and housing stability support.

Home Free USA — HUD-Approved Housing Counseling Multiple Maryland locations Phone: Not listed (varies by location) Website: homefreeusa.org What it helps with: HUD-approved housing counseling including rental counseling and housing readiness.

House of Ruth Maryland Baltimore City and Statewide Phone: 410-889-7884 (hotline) Website: hruth.org What it helps with: Housing support and safety planning for domestic violence survivors, including lease termination guidance under Maryland’s DV lease statute.

Maryland Network Against Domestic Violence Statewide Phone: 301-429-3601 Website: mnadv.org What it helps with: Referrals to local domestic violence services including housing navigation and legal advocacy for survivors exercising lease termination rights.

Maryland People’s Law Library — Breaking a Lease: peoples-law.org/breaking-lease

Maryland Real Property Article § 8-207 — Mitigation duty: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-207

Maryland Real Property Article § 8-212.1 — Military termination: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-212.1

Maryland Real Property Article §§ 8-5A-01 through 8-5A-07 — Domestic violence: mgaleg.maryland.gov

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov/Tenant-Landlord-Affairs/Pages/Tenants-Bill-of-Rights.aspx

Maryland New Rental Laws Summary — MVLS: mvlslaw.org/new-maryland-rental-laws

Federal Fair Credit Reporting Act — FTC: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

Maryland Commission on Civil Rights: mccr.maryland.gov

Maryland Legal Aid: mdlab.org

House of Ruth Maryland: hruth.org

Maryland Network Against Domestic Violence: mnadv.org

This is informational only and not legal advice.

period. Understanding your rights under both expungement law and the new Fair Chance Housing Act is essential before applying.

This is informational only and not legal advice.

Probation Before Judgment, commonly called a PBJ, is a disposition unique to Maryland law under Maryland Criminal Procedure Article § 6-220. When a judge grants a PBJ, the defendant typically enters a guilty or nolo contendere plea, or the judge makes a finding of guilt, but no formal judgment of conviction is entered. Instead, the court places the defendant on probation. If probation is completed successfully, no conviction appears on the defendant’s record. If probation is violated, the court may impose a conviction and sentence.

A PBJ is not a conviction under Maryland law, which means that it generally does not trigger the collateral consequences associated with a conviction — such as disqualification from certain licenses or loss of certain rights. However, a PBJ does appear as a court record in the Maryland Judiciary Case Search public database until it is expunged, which means that background screening companies may capture and report it.

Under the Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026), landlords managing five or more rental units are restricted in when and how they may consider criminal history — including records like PBJs — in their tenant screening. The law requires a conditional offer to be extended before most criminal history inquiry, and even post-offer review is limited to specific categories of offenses. A PBJ that does not fall within those specific categories would, under the new law, be off-limits for landlords with five or more units. Members who received a PBJ should also explore expungement eligibility, which under Maryland law can be available for PBJ dispositions after a defined waiting period, subject to conditions.

This is informational only and not legal advice.

What a PBJ Is and How It Works

Probation Before Judgment is a Maryland court disposition governed by Maryland Criminal Procedure Article § 6-220. It is one of the most significant second-chance legal tools available in Maryland’s criminal justice system. Under a PBJ, the court may find that the facts support a finding of guilt — or the defendant may enter a plea — but no conviction is formally entered. The judge places the defendant on probation with conditions. Upon successful completion of probation, the defendant has no criminal conviction on their record under Maryland law.

This distinction matters in many legal contexts. Maryland law does not treat a PBJ as a conviction for the purpose of subsequent criminal proceedings in most cases, for professional licensing in many fields, and for a range of civil legal questions. However, a PBJ is a court record that exists in the public Maryland Judiciary Case Search database, and it may appear in criminal background check reports compiled by tenant screening companies until it is formally expunged.

How a PBJ Appears in Tenant Screening

Commercial background check and tenant screening companies compile records from Maryland court databases, including the Maryland Judiciary Case Search. A PBJ entry typically shows the charge, the date of disposition, and the disposition type — including “PBJ” — in court records. Whether a screening company includes PBJ records in a consumer report, and how a landlord interprets such records, varies. Some landlords and screening companies may not know the legal significance of a PBJ and may misinterpret it as a conviction.

Under the FCRA, criminal background check information may generally be reported for up to seven years, though there is no time limit for reporting conviction records. Since a PBJ is not a conviction, the seven-year reporting limitation under 15 U.S.C. § 1681c may apply to PBJ records reported by consumer reporting agencies. Members who have had a PBJ reported beyond seven years on a consumer report should consult with a consumer law attorney about disputing that entry.

The Maryland Fair Chance Housing Act — Game-Changing Protections (Effective October 1, 2026)

The Maryland Fair Chance Housing Act (SB 937, Chapter 752, signed May 26, 2026, effective October 1, 2026) is the most significant development in Maryland housing law for individuals with criminal or court records in the state’s history. This law applies to landlords that own or manage five or more residential rental units in Maryland, either directly or indirectly through legal entities. Owner-occupied properties are exempt.

Under the Act, before extending a conditional offer to a prospective tenant, a landlord may not request or require the tenant to disclose whether they have a criminal history or have been accused of or charged with any crime, and may not make oral or written inquiries about criminal history. This “ban the box” provision applies to the initial application stage for most records.

The law allows a landlord to conduct a criminal history records check only after extending a conditional offer. Even then, the landlord may only consider specific enumerated convictions as grounds for withdrawing the conditional offer. A PBJ — being a non-conviction — would not qualify as a “conviction” that the landlord may use as grounds for withdrawal, even in the post-offer stage. This is a critically important protection for members with PBJ records applying to landlords covered by the Act.

If a landlord withdraws a conditional offer based on criminal history, the landlord must provide written notice with a specific reason and advise the applicant of the right to request reassessment. The applicant may then provide evidence of inaccuracies, rehabilitation, or mitigating factors. Violations of the Act are subject to civil penalties of up to $1,000 per violation and constitute unfair, abusive, or deceptive trade practices under the Maryland Consumer Protection Act.

Expungement of a PBJ

Maryland law allows for expungement of a PBJ record under Maryland Criminal Procedure Article § 10-105. Generally, a person who received a PBJ may petition for expungement after completing probation and satisfying the applicable waiting period — which under the Expungement Reform Act of 2025 (SB 432) was modified to reduce certain waiting periods. If the PBJ was for a drug offense under the Controlled Dangerous Substances Act or certain other categories, different timing and eligibility rules may apply.

Once a PBJ record is expunged, it is removed from court and law enforcement records and should no longer appear in background check reports. For a member seeking housing, expungement of a PBJ is one of the most powerful tools available to eliminate the housing barrier entirely.

Members with a PBJ record should first confirm the exact status of the record through the Maryland Judiciary Case Search. They should determine whether the PBJ probation has been successfully completed, whether the waiting period for expungement has passed, and whether an expungement petition has been or can be filed. If expungement is not yet available, members should understand the new protections of the Fair Chance Housing Act (effective October 1, 2026) and use those protections to advocate for fair evaluation of their applications with covered landlords. When approaching landlords, members should be prepared to explain clearly and confidently what a PBJ is, that it is not a conviction under Maryland law, and what their current circumstances reflect.

This is informational only and not legal advice.

Maryland Criminal Procedure Article § 6-220 — Probation Before Judgment

Section 6-220 of the Maryland Criminal Procedure Article is the statutory foundation for PBJ. The statute authorizes a court, after a verdict of guilty, a plea of guilty, or a finding of facts supporting guilt on a charge of criminal conduct, to stay the entering of judgment, place the

defendant on probation for a period not exceeding three years, and impose conditions of probation. If probation is completed successfully, no judgment of conviction is entered. If probation is revoked, the court may impose the judgment and sentence previously deferred.

PBJ is available for both misdemeanor and felony charges in Maryland, though judges exercise significant discretion in granting it. It is not available for all offenses. Certain offenses, including many sex offenses, may not be eligible for PBJ under statutory restrictions or judicial policy. Second or subsequent offenses may also face greater scrutiny. The decision to grant a PBJ is entirely within the trial court’s discretion.

PBJ and Collateral Consequences

Because a PBJ is not a conviction under Maryland law, it does not trigger many of the collateral consequences that follow a conviction — including certain professional licensing bars, firearms restrictions that attach to felony convictions, and voting disenfranchisement. Courts have held that a PBJ does not constitute a “conviction” for purposes of Maryland’s habitual offender statutes in most circumstances.

However, there are contexts where a PBJ may be treated as equivalent to a conviction. Federal law, for example, may treat a PBJ differently than Maryland state law. Federal firearms statutes, federal housing eligibility standards, and federal employment positions may not recognize Maryland’s non-conviction classification. Practitioners should always analyze both the state and federal implications of a PBJ for their clients.

Maryland Criminal Procedure Article § 10-105 governs expungement of PBJ records. A person who received a PBJ and successfully completed probation may petition for expungement of the court and police records associated with the case. The petition is filed in the court where the case was heard.

Under the Expungement Reform Act of 2025 (SB 432, effective October 1, 2025), Maryland modified certain waiting periods and eligibility rules. One critical change was the removal of the automatic disqualification for probation violations in specified circumstances. Members should review their specific eligibility with legal counsel or contact Maryland Legal Aid for a current eligibility assessment.

If a new conviction within three years of the PBJ occurred in a different case, the PBJ generally cannot be expunged. This three-year window restriction under § 10-105 is an important consideration for practitioners whose clients have subsequent criminal history.

The Maryland Fair Chance Housing Act (SB 937, Chapter 752 of 2026 — Effective October 1, 2026)

This legislation, codified at Real Property Article §§ 8-2A-01 through 8-2A-12, imposes the following requirements on covered landlords (those with five or more rental units, excluding owner-occupied properties):

Before extending a conditional offer, a covered landlord may not request or require a prospective tenant to disclose criminal history, including whether they have been accused of or charged with any crime. The landlord may not make any oral or written inquiry regarding criminal history before the conditional offer stage, except for the limited pre-offer screening categories enumerated in § 8-2A-05 (convictions for sexual offenses, child pornography, human trafficking, murder in the first or second degree within the prior ten years, methamphetamine production on federally assisted housing premises, or registration as a lifetime sex offender).

After extending a conditional offer, the landlord may conduct a criminal history records check but may only consider specific enumerated convictions under § 8-2A-06 as grounds for withdrawal. These include felony convictions under the Criminal Law Article within the prior five years, any crimes listed in § 8-2A-05 not previously disclosed, and specified serious offenses within the prior three years. A PBJ does not constitute a conviction and therefore is not among the grounds on which a covered landlord may withdraw a conditional offer under this Act.

Landlords must notify the applicant of the right to provide evidence of inaccuracies, rehabilitation, and mitigating factors. If a conditional offer is withdrawn, the landlord must provide a written notice with a specific reason. The applicant has 30 days to request all information the landlord relied on. The landlord must provide it within 10 days of the request. Violations constitute unfair, abusive, or deceptive trade practices under Maryland Commercial Law Article § 13-301(14)(xlix) and are subject to penalties up to $1,000 per violation.

FCRA and PBJ Records

Whether a PBJ record is a “conviction” under the FCRA and whether it is subject to the seven-year reporting limitation are important legal questions. Because a PBJ is not a conviction under Maryland law, an argument exists that FCRA’s no-time-limit exception for conviction records (15 U.S.C. § 1681c(a)) does not apply, making PBJ records subject to the seven-year general limitation for adverse information under § 1681c(a)(1). Practitioners representing clients whose PBJ records are being reported beyond seven years by consumer reporting agencies should evaluate this argument and consider filing a dispute under 15 U.S.C. § 1681i.

Fair Housing Considerations

The reporting or use of PBJ records in tenant screening that produces a racially disparate impact without justification may raise fair housing concerns under Maryland HB 573 (Chapter 751, signed May 26, 2026), which codified disparate impact protections in Maryland’s fair housing law, and under HUD’s 2016 guidance on criminal record screening and fair housing.

This is informational only and not legal advice.

Maryland Criminal Procedure Article § 6-220 — Probation Before Judgment (PBJ): mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=crp&section=6-220

Maryland Criminal Procedure Article § 10-105 — Expungement of PBJ records: mdcourts.gov/legalhelp/expungement

Maryland Expungement Reform Act of 2025 (SB 432, Chapter 95, effective October 1, 2025): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Fair Chance Housing Act (SB 937, Chapter 752, signed May 26, 2026, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf — codified at Real Property Article §§ 8-2A-01 through 8-2A-12

Maryland Commercial Law Article § 13-301(14)(xlix) — Fair Chance Housing Act violations as unfair trade practices: mgaleg.maryland.gov

Maryland Judiciary Case Search — public court record portal: casesearch.courts.state.md.us

Maryland Courts — Expungement information and forms: mdcourts.gov/legalhelp/expungement

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): ftc.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), strengthened by HB 573 (Chapter 751, signed May 26, 2026): mccr.maryland.gov

A PBJ record appears in the Maryland Judiciary Case Search as a case with a PBJ disposition. Commercial tenant screening companies may include PBJ records in background reports compiled from court data. Because a PBJ is not a conviction, it may be subject to the FCRA’s seven-year general reporting limitation, and landlords covered by the Maryland Fair Chance Housing Act (five or more units, non-owner-occupied, effective October 1, 2026) may not use a PBJ as a basis for denying housing, since the Act restricts consideration to specific enumerated convictions only. Once a PBJ record is expunged, it should no longer appear in court records or in consumer reports.

Members whose PBJ records are being reported after seven years by consumer reporting agencies, or whose applications are being denied on PBJ grounds by covered landlords under the new Fair Chance Housing Act, should consult legal counsel immediately.

Maryland Legal Aid — Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including fair housing complaints, lease disputes, and guidance on PBJ record impacts.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help including housing matters and criminal record-clearing assistance such as expungement petitions.

Public Justice Center Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org What it helps with: Housing rights advocacy and legal representation for tenants facing discriminatory screening practices.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaints, including complaints about landlords misusing criminal records or PBJ records in tenant screening in violation of the Maryland Fair Housing Act or the Fair Chance Housing Act.

NAACP Legal Defense Fund National and Maryland-focused Phone: Not listed for local intake Website: naacpldf.org What it helps with: Civil rights litigation and advocacy, including enforcement of fair chance housing law in Maryland.

Maryland Courts — Expungement Help Center Statewide Phone: 410-260-1392 (Maryland Court Help Center) Website: mdcourts.gov/legalhelp/expungement What it helps with: Self-help expungement information and instructions for filing expungement petitions for PBJ and other eligible records.

Maryland Volunteer Lawyers Service — Expungement Program Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free expungement petition preparation assistance for income-eligible Marylanders with eligible records including PBJ dispositions.

Out for Justice — Maryland Baltimore City and Statewide Phone: Not listed Website: outforjustice.org What it helps with: Advocacy and direct services for Maryland residents with criminal records navigating housing, employment, and reentry barriers.

Life After Release — Maryland Baltimore City Phone: Not listed Website: (Contact through Maryland reentry network) What it helps with: Reentry support and advocacy for formerly involved individuals, including housing navigation.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved counseling for rental housing navigation, housing barrier support, and housing readiness programs.

Maryland Criminal Procedure Article § 6-220 — PBJ statute: mgaleg.maryland.gov

Maryland Courts — Expungement Series: PBJ: courts.state.md.us/video/selfhelp/expungement-series-probation-judgment

Maryland Fair Chance Housing Act, Chapter 752 (SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

NAACPLDF Press Release — Maryland Fair Chance Housing Act Signed: naacpldf.org/press-release/landmark-fair-housing-legislation-signed-into-law-in-maryland

Vera Institute of Justice — Maryland Fair Chance Housing Act Statement: vera.org/newsroom/vera-institute-of-justice-applauds-the-maryland-general-assembly-for-the-pa ssage-of-the-maryland-fair-chance-housing-act

Maryland Expungement Reform Act of 2025 (SB 432): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Access to Justice — Expungement Reform in Effect (2025): mdaccesstojustice.org

People’s Law Library — Expungement and Changing Your Record: peoples-law.org/expungement-and-changing-your-criminal-record

Maryland Judiciary Case Search: casesearch.courts.state.md.us

Federal Fair Credit Reporting Act: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

CT3 Training/Rehab — Probation Before Judgment Maryland 2025 Guide: ct3training-rehab.com/blog/probation-before-judgement-maryland

FrizWoods LLC — What Is PBJ in Maryland: frizwoods.com/blog/pbj

This is informational only and not legal advice.

This is informational only and not legal advice.

A misdemeanor conviction in Maryland is a criminal record that appears in the Maryland Judiciary Case Search and may be included in criminal background check reports compiled by tenant screening companies. Prior to the Maryland Fair Chance Housing Act (SB 937), private landlords could generally use misdemeanor records freely in their screening decisions, and many standard screening criteria treated any criminal conviction, including misdemeanors, as a disqualifying factor.

The legal landscape changed substantially with SB 937 (Chapter 752, effective October 1, 2026). Under the Act, landlords managing five or more residential rental units in Maryland — directly or through legal entities — may not inquire about or consider most criminal history before extending a conditional offer. After extending a conditional offer, the Act limits what a covered landlord may consider as grounds for withdrawal to a specific list of serious offenses, primarily serious felony convictions within the past five years and sex offenses. Most misdemeanor convictions are not on this permitted list, meaning that for covered landlords, most misdemeanor convictions cannot legally serve as the basis for withdrawing a housing offer.

Owner-occupied rental properties and landlords with fewer than five units are not covered by the Act.

Beyond the Act’s protections, Maryland’s expungement statute under Criminal Procedure Article § 10-110 allows expungement of certain misdemeanor convictions after satisfying a waiting period and completing the sentence, including parole and probation. The Expungement Reform Act of 2025 (SB 432) expanded and clarified eligibility for misdemeanor conviction expungement. A successfully expunged misdemeanor record is removed from public court records and should no longer appear in consumer reports. Members with misdemeanor records should assess their expungement eligibility as a primary housing barrier-removal strategy.

This is informational only and not legal advice.

How Misdemeanor Records Appear in Screening

Misdemeanor convictions are matters of public record in Maryland’s District Court and Circuit Court systems. They appear in the Maryland Judiciary Case Search and are routinely included in criminal background check reports compiled by tenant screening companies. Under the FCRA, conviction records — unlike non-conviction records — do not carry a seven-year reporting limitation: a misdemeanor conviction can technically be reported in a consumer report indefinitely unless it has been expunged.

The practical impact on rental applications has historically been significant, particularly in markets where large property management companies use blanket policies. A misdemeanor conviction — even a minor one from many years ago — can trigger automatic screening denials when landlords use automated systems that flag any criminal record. This practice is specifically addressed by the new Maryland Fair Chance Housing Act.

The Maryland Fair Chance Housing Act and Misdemeanor Records

The Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) fundamentally changes how landlords with five or more units may treat most misdemeanor records. Before extending a conditional offer, a covered landlord may not ask whether the applicant has been convicted of any crime or make any inquiry into criminal history beyond the limited pre-offer exceptions (which include only serious specified convictions like sexual offenses, child pornography, murder, human trafficking, and lifetime sex offender registration). Misdemeanor history is therefore completely off-limits at the pre-offer stage for covered landlords.

After extending a conditional offer, the Act permits a landlord to conduct a criminal background check but limits the grounds for withdrawing the offer to: any felony conviction under the Maryland Criminal Law Article within the past five years; specific serious crimes (sexual offenses, child pornography, kidnapping, arson, first-degree assault, first-degree burglary, manufacturing of controlled dangerous substances, and felony fraud) within the past three years; and undisclosed pre-offer disqualifiers. Standard misdemeanor convictions do not appear on this enumerated list, meaning that for covered landlords under the Act, a routine misdemeanor conviction — even one within the past five years — may not be used as a lawful basis to deny housing after a conditional offer.

The practical significance of this protection is enormous for Maryland members with misdemeanor records. Members should be aware that the Act applies only to covered landlords, that owner-occupied properties and small landlords with fewer than five units are not covered, and that the Act takes effect October 1, 2026. For applications under the Act, if a covered landlord denies housing based on a misdemeanor record, the applicant may file a complaint through the Consumer Protection Division of the Maryland Attorney General’s office, as violations are classified as unfair, abusive, or deceptive trade practices.

Maryland Criminal Procedure Article § 10-110 allows expungement of certain misdemeanor convictions. To be eligible, the conviction must be for a misdemeanor that is listed as expungeable under Maryland law, and the applicant must have completed the sentence — including any period of parole or probation — and waited the applicable post-sentence waiting period. Under the Expungement Reform Act of 2025 (SB 432, effective October 1, 2025), waiting periods were adjusted and certain previously excluded categories of applicants regained eligibility.

The 2026 Clean Slate Act (HB 360), pending as of June 2026, would automate the sealing of eligible misdemeanor records after seven years from sentence completion, removing the need for individuals to petition. When enacted, this would represent a transformative shift in how misdemeanor records affect Maryland residents seeking housing, employment, and other opportunities.

Members with misdemeanor records should begin with a clear-eyed assessment of their record through the Maryland Judiciary Case Search. They should determine exactly what charges exist, what the dispositions were, and how long ago the convictions occurred. They should then assess expungement eligibility — misdemeanor records that qualify for expungement and have passed the waiting period should be expunged as soon as possible, as expungement eliminates the housing barrier entirely.

For members who are not yet eligible for expungement, the protections of the Fair Chance Housing Act (once effective October 1, 2026) provide important legal shields when applying to covered landlords. Preparation of a rehabilitation narrative — documentation of employment, community ties, counseling completion, or other indicators of stability — can support an individualized assessment request if a covered landlord withdraws a conditional offer.

This is informational only and not legal advice.

Maryland categorizes criminal offenses as misdemeanors and felonies. Misdemeanors are generally less serious offenses carrying penalties of less than three years’ imprisonment in many cases, though some Maryland misdemeanors carry higher penalties. The classification is important because the Maryland Fair Chance Housing Act’s post-offer review provision restricts consideration largely to felony convictions within five years — making misdemeanor classifications potentially decisive in screening analysis under the new law.

Fair Chance Housing Act — Statutory Text Analysis

Under Real Property Article § 8-2A-05(a)(1)(I) (as enacted by Chapter 752), before extending a conditional offer, a covered landlord may not request or require a prospective tenant to disclose whether they have a criminal history or have been accused of or charged with any crime. The specific pre-offer exceptions under § 8-2A-05(a)(2) are limited to: conviction for a sexual offense, child pornography, human trafficking, first or second degree murder within the past ten years, methamphetamine production on federally assisted housing premises, or being subject to a lifetime sex offender registration. No misdemeanor offense appears in these pre-offer exceptions.

Under § 8-2A-06(a), after the conditional offer stage, the landlord may only consider: any felony conviction under the Criminal Law Article within the past five years; undisclosed § 8-2A-05 disqualifiers; and certain serious crimes within the past three years (specifically sexual offenses, child pornography, kidnapping, arson, first-degree assault, first-degree burglary, manufacturing a CDS, and felony fraud). Standard misdemeanor convictions are not listed in § 8-2A-06 as permissible post-offer grounds for denial.

The Act also prohibits covered landlords from publishing any advertisement expressly stating that the landlord will not consider applicants with criminal records (§ 8-2A-07), and requires individualized assessments including consideration of rehabilitation evidence and mitigating factors (§ 8-2A-06(b)-(d)).

Maryland Criminal Procedure Article § 10-110 governs expungement of misdemeanor convictions. To petition for expungement of a conviction, the conviction must be for a qualifying misdemeanor, and the petitioner must have completed the sentence, including any probation or parole. The waiting period under SB 432 (2025) was adjusted — practitioners should verify the current waiting period applicable to the specific offense category.

The People’s Law Library of Maryland (peoples-law.org/which-records-can-be-expunged) maintains an updated list of which records can be expunged. Not all misdemeanors are expungeable. For example, certain violent misdemeanor offenses are not eligible. Practitioners should always verify eligibility for the specific charge before advising a client to file.

FCRA and Misdemeanor Records

Under 15 U.S.C. § 1681c, consumer reporting agencies may report criminal conviction records without a time limit. This means that a misdemeanor conviction from fifteen years ago could still appear in a consumer report unless it has been expunged. For misdemeanor records that are not convictions (arrests without conviction, PBJ dispositions), the seven-year limitation under § 1681c(a) generally applies.

When a landlord takes adverse action based wholly or in part on a consumer report, § 1681m requires an adverse action notice. Members denied housing based on a misdemeanor record who did not receive an adverse action notice should consult a consumer law attorney.

Fair Housing Implications

Policies that categorically exclude applicants with any misdemeanor record may have a racially disparate impact and could be challenged under Maryland’s fair housing law as strengthened by HB 573 (Chapter 751, 2026) and under HUD’s disparate impact guidance. Maryland HB 573 codified both discriminatory intent and disparate impact standards in the state’s fair housing framework, providing legal avenues for challenging overly broad screening policies.

This is informational only and not legal advice.

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf — codified at Real Property Article §§ 8-2A-01 through 8-2A-12

Maryland Criminal Procedure Article § 10-110 — Expungement of convictions: mdcourts.gov/legalhelp/expungement

Maryland Expungement Reform Act of 2025 (SB 432, Chapter 95, effective October 1, 2025): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Clean Slate Act of 2026 (HB 360) — Pending automated sealing proposal: cleanslatemaryland.org

Maryland Judiciary Case Search — Public criminal record portal: casesearch.courts.state.md.us

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): ftc.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), strengthened by HB 573 (Chapter 751, 2026): mccr.maryland.gov

Maryland Commercial Law Article § 13-301(14)(xlix) — Fair Chance Housing Act enforcement: mgaleg.maryland.gov

Misdemeanor convictions appear in the Maryland Judiciary Case Search and in commercial tenant screening reports. Under the FCRA, convictions may be reported without a time limit, whereas non-conviction records (arrests, PBJs) are generally subject to a seven-year limitation. Under the Maryland Fair Chance Housing Act (effective October 1, 2026), covered landlords with five or more units may not inquire about most misdemeanor records before a conditional offer and may not deny housing post-offer solely based on a misdemeanor conviction, as misdemeanor offenses are not among the enumerated permissible grounds for withdrawal. Owner-occupied properties and small landlords (fewer than five units) retain broader discretion. Expungement eliminates the record from public access and consumer reports.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services including housing discrimination defense, lease disputes, and guidance on criminal record impacts on housing.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help, including expungement petition assistance and housing legal support for income-eligible Marylanders.

Public Justice Center Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org What it helps with: Housing rights advocacy for tenants facing discriminatory screening and eviction.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing discrimination complaints including complaints about criminal record-based screening that violates the Fair Chance Housing Act or the Maryland Fair Housing Act.

Economic Action Maryland Statewide Phone: Not listed Website: econaction.org What it helps with: Advocacy and policy resources on fair chance housing, source of income protections, and housing rights for Marylanders with barriers.

Maryland Courts — Expungement Help Center Phone: 410-260-1392 Website: mdcourts.gov/legalhelp/expungement What it helps with: Expungement forms, instructions, and eligibility information for Maryland court records including misdemeanor convictions.

Out for Justice Baltimore City and Statewide Phone: Not listed Website: outforjustice.org What it helps with: Advocacy and direct services for Marylanders with criminal records facing housing and employment barriers.

Maryland Clean Slate Initiative Statewide Phone: Not listed Website: cleanslatemaryland.org What it helps with: Advocacy for automated sealing of criminal records; provides information on Clean Slate Act developments and record-sealing eligibility.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved counseling and housing navigation resources statewide.

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Maryland Expungement Reform Act of 2025 (SB 432): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Clean Slate Act of 2026 (HB 360): cleanslatemaryland.org and mgaleg.maryland.gov

Maryland People’s Law Library — Which Records Can Be Expunged: peoples-law.org/which-records-can-be-expunged

Maryland Expungement and Record Clearing — 2025 Legislative Updates (MVLS): mvlslaw.org/2025-expungement-updates

Maryland Judiciary Case Search: casesearch.courts.state.md.us

Maryland Access to Justice — Expungement Reform 2025: mdaccesstojustice.org

NAACP LDF — Maryland Fair Chance Housing Act: naacpldf.org/press-release/landmark-fair-housing-legislation-signed-into-law-in-maryland

Federal FCRA Guidance — FTC: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

Maryland Commission on Civil Rights: mccr.maryland.gov

Maryland What Disqualifies a Tenant in Maryland (2026): the-mindful-landlord.com/blog/what-can-disqualify-tenant-maryland-landlord-screening-guide

This is informational only and not legal advice.

This is informational only and not legal advice.

A felony conviction in Maryland creates a serious barrier to rental housing, appearing in the Maryland Judiciary Case Search and in criminal background reports compiled by tenant screening companies. Felony convictions, unlike arrests or PBJ dispositions, may be reported by consumer reporting agencies without a time limit under the FCRA. Historically, landlords in Maryland could use felony records freely in screening, and many did so through blanket exclusion policies.

The Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) changes the legal landscape significantly. For covered landlords — those managing five or more residential units in Maryland, excluding owner-occupied properties — the Act’s “ban the box” provision prevents any inquiry into criminal history before a conditional offer is extended. After a conditional offer, the landlord may conduct a criminal history check but is limited to considering only certain specific felony convictions as grounds for denial. These include any felony conviction under the Maryland Criminal Law Article within the past five years, and specific serious offenses (sexual offenses, child pornography, kidnapping, arson, first-degree assault, first-degree burglary, manufacturing CDS, and felony fraud) within the past three years.

A felony conviction that is more than five years old generally cannot serve as a ground to withdraw a conditional offer under the Act’s provisions for covered landlords. For serious and recent felonies — particularly those within the past five years — a covered landlord may still consider them after the conditional offer stage, but must apply an individualized assessment and consider rehabilitation evidence. Members with felony records should also assess expungement eligibility: Maryland does permit expungement of certain felony convictions under expanded post-2025 law.

This is informational only and not legal advice.

How Felony Records Function in Maryland Rental Screening

Felony convictions in Maryland are criminal records that appear in the Maryland Judiciary Case Search and that are routinely included in criminal background check reports used by landlords. Consumer reporting agencies may include felony conviction records in reports without a time limitation under the FCRA. Until the enactment of the Fair Chance Housing Act, Maryland had no statewide law restricting private landlords’ use of felony records in tenant screening

decisions. Some jurisdictions — Baltimore City and Montgomery County — had previously enacted local ordinances, but the Fair Chance Housing Act (which preempts local comparable laws under § 8-2A-12) now sets the statewide standard.

The Maryland Fair Chance Housing Act — Felony-Specific Provisions

The Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) applies to landlords with five or more residential rental units in Maryland, excluding owner-occupied properties. For felony records, the Act creates a two-stage framework:

Before extending a conditional offer, a covered landlord may not ask about criminal history or felony records, with only narrow exceptions for the most serious categories (sexual offenses, child pornography, murder within ten years, human trafficking, methamphetamine production on federally assisted premises, or lifetime sex offender registration).

After extending a conditional offer, a covered landlord may conduct a criminal background check but may only consider: any felony conviction under the Maryland Criminal Law Article that occurred within five years immediately preceding the rental application; and specific enumerated serious offenses within the past three years (which are the same offenses listed in § 8-2A-05 plus kidnapping, arson, first-degree assault, first-degree burglary, manufacturing CDS, and felony fraud).

A felony conviction more than five years old generally cannot be used as a ground to withdraw a conditional offer for a covered landlord. This is an extremely significant protection for members whose felony records are more than five years in the past.

Even when a covered landlord identifies a permissible basis — such as a felony conviction within the past five years — the landlord must make an individualized determination that withdrawal is necessary to fulfill a “substantial, legitimate, and nondiscriminatory interest.” The landlord must consider the nature and severity of the offense, the applicant’s age at the time of the offense, the time elapsed, rehabilitation evidence, the likelihood of recurrence affecting tenant safety or property, and whether the offense occurred on property rented by the applicant. The applicant has the right to provide evidence of inaccuracies, rehabilitation, and mitigating factors.

Preparing a Rehabilitation Narrative

For members with felony records that fall within the permissible review window — typically within the past five years for covered landlords — preparation of a robust rehabilitation narrative is essential. This should include documentation of completed sentences and supervision, employment history since release, counseling or treatment program completion certificates, letters of reference from employers, mentors, or community organizations, evidence of stable residence since release if applicable, and any community involvement or educational

achievements. The individualized assessment requirement under the Act gives members a meaningful opportunity to present their current circumstances.

Felony Expungement in Maryland

Maryland law allows expungement of certain felony convictions under Maryland Criminal Procedure Article § 10-110. Eligibility for felony expungement was expanded under the Expungement Reform Act of 2025 (SB 432). Not all felonies are expungeable — violent felonies, sexual offense felonies, and certain other categories are specifically excluded. The list of expungeable felonies in Maryland has grown in recent years, and members should consult the current list through the People’s Law Library or Maryland Legal Aid to determine whether their specific conviction qualifies.

The proposed Maryland Clean Slate Act of 2026 (HB 360), pending as of June 2026, would automate sealing of certain eligible felony records after a designated waiting period from sentence completion, which could substantially reduce this barrier for members with older eligible convictions.

Federal Subsidized Housing and Felony Records

Public housing authorities and federally assisted housing programs have mandatory denial criteria for certain felony-related conduct that are separate from and in addition to the Fair Chance Housing Act. HUD’s mandatory denial criteria under 24 C.F.R. § 982.553 include lifetime prohibitions for methamphetamine production on federally assisted housing premises and for registered sex offenders subject to lifetime registration. PHAs may also establish permissive denial criteria for other criminal history, though HUD guidance encourages individualized assessments. Members with felony records seeking federally assisted housing or Housing Choice Voucher-assisted units should review the PHA’s individual screening criteria, which vary by agency.

This is informational only and not legal advice.

The Maryland Fair Chance Housing Act — Detailed Statutory Analysis

SB 937 (Chapter 752, 2026) is codified at Real Property Article §§ 8-2A-01 through 8-2A-12. Section 8-2A-02 defines coverage: the Act applies to landlords owning or managing five or more residential rental units in Maryland, directly or indirectly or through legal entities. Owner-occupied residential units are exempt.

Section 8-2A-05 governs pre-offer screening. Before extending a conditional offer, a covered landlord may not request or require disclosure of criminal history or make inquiries about criminal history, with limited exceptions. The pre-offer exceptions permit inquiry about: conviction for a sexual offense under Criminal Law Article Title 3, Subtitle 3; child pornography under § 11-207; murder in the first degree (§ 2-201) or second degree (§ 2-204) within ten years; human trafficking (§ 3-1102); methamphetamine production on federally assisted housing premises; and current or prior sex offender registration status (including lifetime registration). No felony conviction outside these categories may be considered pre-offer by a covered landlord.

Section 8-2A-06 governs post-offer criminal history review. After extending a conditional offer, a covered landlord may conduct a criminal history check and may only consider as grounds for withdrawal: any felony conviction under the Criminal Law Article within five years of the rental application; any previously undisclosed § 8-2A-05 qualifying offense; and specified serious offenses within three years (sexual offenses, child pornography, kidnapping under § 3-502, arson under §§ 6-102 and 6-103, first-degree assault under § 3-202, first-degree burglary under § 6-202, manufacturing CDS under § 5-612, and felony fraud). A felony conviction under a law outside the Maryland Criminal Law Article (e.g., a drug conviction under the Controlled Dangerous Substances Act) may also be considered if it has the same criminal elements as a Maryland Criminal Law Article felony — this is a nuanced area that may generate litigation and requires careful legal analysis.

The withdrawal standard in § 8-2A-06(b) requires that withdrawal be “necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.” This is not a rubber-stamp standard — it requires actual individualized assessment. Section 8-2A-06(d) specifies the reassessment factors: nature and severity of the offense; applicant’s age at time of offense; time elapsed since offense; rehabilitation evidence; likelihood of reoccurrence negatively impacting tenant safety or property; and whether the offense occurred on property rented by the applicant.

Violations of the Fair Chance Housing Act are classified as unfair, abusive, or deceptive trade practices under Maryland Commercial Law Article § 13-301(14)(xlix) and are subject to enforcement under the Maryland Consumer Protection Act (Commercial Law Article Title 13). The Consumer Protection Division of the Maryland Attorney General has enforcement authority. Civil penalties up to $1,000 per violation may be imposed. Complaints may also be filed through the Office of Tenant and Landlord Affairs within DHCD, which is designated to collect and publish data on complaints and violations.

Felony Expungement — Maryland Criminal Procedure Article § 10-110

The statute permits expungement of qualifying conviction records after the sentence — including all parole and probation — is completed and the waiting period has elapsed. Under SB 432 (2025), certain previous barriers (including automatic disqualification based on probation violations) were removed. Members and practitioners should use the current eligibility list

published by the Maryland Courts Help Center and the People’s Law Library to identify whether a specific felony is expungeable.

Not expungeable under current Maryland law: first and second degree murder, rape, first and second degree sexual offense, most other sex crimes, robbery with a deadly weapon, first-degree assault, kidnapping, and other specified violent and sexual offense felonies. For felonies that are expungeable, the petition process is handled in the court where the conviction occurred.

Federal Housing Programs and Felony Records

Under 24 C.F.R. § 982.553, PHAs administering Housing Choice Voucher programs must deny assistance to: any person convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing; and to sex offenders subject to a lifetime registration requirement under a state sex offender registration program. Beyond these mandatory denials, PHAs may establish permissive denial criteria for other felony convictions, but HUD guidance strongly encourages individualized assessments rather than blanket exclusions. Different PHAs across Maryland — Baltimore City (HABC), Maryland DHCD, Prince George’s County, Montgomery County, Anne Arundel County, and others — may have different permissive denial criteria. Members applying for Section 8 or other HUD-assisted housing with a felony record should contact the specific PHA to understand its screening policy.

Fair Housing and Disparate Impact

Research consistently demonstrates that criminal record-based screening policies have a racially disparate impact. Maryland HB 573 (Chapter 751, signed May 26, 2026) codified a disparate impact standard in Maryland’s fair housing law, meaning that even facially neutral policies — including blanket felony exclusion policies — may be challenged if they produce an unjustified discriminatory effect on a protected class. The Maryland Commission on Civil Rights (MCCR) enforces the Fair Housing Act and accepts complaints on disparate impact grounds.

This is informational only and not legal advice.

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf — Real Property Article §§ 8-2A-01 through 8-2A-12

Maryland Criminal Procedure Article § 10-110 — Felony expungement: mdcourts.gov/legalhelp/expungement

Maryland Expungement Reform Act of 2025 (SB 432, Chapter 95): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Clean Slate Act of 2026 (HB 360) — Pending: cleanslatemaryland.org

Maryland Commercial Law Article § 13-301 — Consumer Protection Act enforcement of Fair Chance Housing Act: mgaleg.maryland.gov

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): ftc.gov

HUD Section 8 Felony Screening — 24 C.F.R. § 982.553: hud.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), amended by HB 573 (Chapter 751, 2026): mccr.maryland.gov

Maryland Judiciary Case Search: casesearch.courts.state.md.us

**B. Housing Screening

continue SOVEREIGN STACK — BARRIER 5 CONTINUED

A felony conviction appears in the Maryland Judiciary Case Search and in commercial tenant screening background reports. Under the FCRA, felony convictions may be reported without a time limit. Under the Maryland Fair Chance Housing Act (effective October 1, 2026), covered landlords with five or more units may not inquire about felony records before extending a conditional offer. After a conditional offer, only felony convictions within the past five years under the Maryland Criminal Law Article, and specific serious offenses within three years, are permissible grounds for withdrawal. Felonies older than five years are generally not permissible grounds for denial by a covered landlord. Owner-occupied properties and landlords with fewer than five units retain broader discretion.

Public housing authorities administering HUD-assisted programs apply federal mandatory denial criteria under 24 C.F.R. § 982.553 in addition to state law, and each PHA may set its own permissive denial criteria for other felony records. Members should contact the specific PHA to understand its criminal history screening policy. Expungement of an eligible felony eliminates the record from public access and consumer reports.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including housing discrimination defense based on criminal record misuse, lease disputes, and guidance on Fair Chance Housing Act rights.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance including expungement petition preparation and housing legal support for income-eligible Marylanders with felony records.

Public Justice Center — Human Right to Housing Project Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org/en/human-right-to-housing What it helps with: Free legal representation and advocacy for tenants facing criminal record-based screening denials and systemic housing barriers.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing discrimination complaints, including complaints against landlords who violate the Fair Chance Housing Act or engage in policies with racially disparate impact.

NAACP Legal Defense Fund National with Maryland focus Phone: Not listed for local intake Website: naacpldf.org What it helps with: Civil rights litigation and systemic advocacy for fair chance housing enforcement in Maryland.

Maryland Courts — Expungement Help Center Phone: 410-260-1392 Website: mdcourts.gov/legalhelp/expungement What it helps with: Expungement eligibility information, petition forms, and procedural guidance for felony and misdemeanor conviction records.

Out for Justice Baltimore City and Statewide Phone: Not listed Website: outforjustice.org What it helps with: Advocacy and direct navigation support for individuals with felony records facing housing and reentry barriers in Maryland.

Maryland Clean Slate Initiative Statewide Phone: Not listed Website: cleanslatemaryland.org What it helps with: Advocacy for automated record sealing; provides current information on Clean Slate Act developments relevant to felony record holders.

Life After Release — Maryland Baltimore City Phone: Not listed Website: Contact through Maryland reentry network at 211md.org/resources/mdreentry What it helps with: Reentry support and housing navigation for formerly incarcerated individuals.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: Connection to HUD-approved housing counselors statewide for rental navigation and housing barrier support.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: Public housing and Housing Choice Voucher applications; individual criminal history screening policies apply.

Maryland DHCD Housing Choice Voucher Program Statewide (select jurisdictions) Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx What it helps with: State-administered voucher program; individual criminal history screening criteria apply.

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

NAACPLDF Press Release — Maryland Fair Chance Housing Act Signed: naacpldf.org/press-release/landmark-fair-housing-legislation-signed-into-law-in-maryland

Vera Institute of Justice — Maryland Fair Chance Housing Act Passage Statement: vera.org/newsroom/vera-institute-of-justice-applauds-the-maryland-general-assembly-for-the-pa ssage-of-the-maryland-fair-chance-housing-act

Maryland Expungement Reform Act of 2025 (SB 432): mgaleg.maryland.gov/2025rs/Chapters_noln/CH_95_sb0432t.pdf

Maryland Clean Slate Act 2026 (HB 360): cleanslatemaryland.org

Maryland People’s Law Library — Which Records Can Be Expunged: peoples-law.org/which-records-can-be-expunged

Maryland Expungement 2025 Updates — MVLS: mvlslaw.org/2025-expungement-updates

Maryland Judiciary Case Search: casesearch.courts.state.md.us

Federal Fair Credit Reporting Act: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

HUD Criminal History Guidance — PHAs: hud.gov

Maryland Commission on Civil Rights — Fair Housing: mccr.maryland.gov

This is informational only and not legal advice.

This is informational only and not legal advice.

Reentry housing in Maryland sits at the intersection of criminal justice policy, housing law, and community support systems. Individuals released from Maryland’s state correctional facilities managed by DPSCS face a convergence of barriers: active supervision requirements, criminal record visibility in screening, limited rental history, often depleted financial resources, and — in some cases — urgent housing need with very short timelines before release.

DPSCS operates a Reentry Unit that is responsible for identifying reentry plans within six months of projected release from any Maryland correctional facility. The unit works to connect incarcerated individuals with community-based programs for housing, employment, substance use treatment, mental health services, and other transitional needs. Upon release, the 211 Maryland reentry portal (211md.org/resources/mdreentry) serves as a centralized navigation hub for housing, benefits, and support services.

Maryland’s newly enacted Fair Chance Housing Act (SB 937, effective October 1, 2026) provides critical protections for individuals with recent criminal records applying to private landlords with five or more units. Covered landlords cannot inquire about criminal history before a conditional offer, and may only consider limited categories of recent felony convictions post-offer. For individuals leaving incarceration with older convictions, or with conviction types not on the Act’s permitted list, the new law provides significant shields.

Beyond the private rental market, individuals in reentry may qualify for transitional housing programs, state-funded rental allowance programs through DHCD, emergency rental assistance through Maryland Department of Human Services, and, over time, Housing Choice Vouchers. Supervision requirements — particularly restrictions imposed by parole conditions — may affect housing options, and navigating those conditions alongside housing search requires coordination with supervision agents.

This is informational only and not legal advice.

The Reentry Housing Challenge

The period immediately following release from incarceration represents one of the most acute housing vulnerability windows in a person’s life. Research consistently shows that housing instability in the immediate post-release period dramatically increases recidivism risk. Maryland’s correctional system, administered by the Department of Public Safety and Correctional Services (DPSCS), serves a population that releases individuals into every county of the state, with the highest concentration returning to Baltimore City and its surrounding jurisdictions.

The barriers that converge during reentry include: a visible criminal record in background screening systems; often no recent rental history or a rental history marked by prior evictions; limited income at the point of release; potential active supervision requirements under parole or mandatory release; possible residency restrictions in the context of sex offender registry (addressed in Barrier 7); and in some cases, outstanding civil debts or judgments from prior tenancies.

Maryland’s Department of Public Safety and Correctional Services operates a formal Reentry Unit under its Division of Rehabilitation and Reentry Services. The DPSCS Reentry Unit initiates housing and reentry planning within six months of a projected release date, aiming to ensure that individuals leave incarceration with a viable housing plan. Pre-release planning includes

connection to community-based programs, identification of transitional housing options, enrollment in benefits programs, and coordination with community supervision agents. Individuals still incarcerated who have not yet been connected to reentry planning should request contact with their facility’s case manager or reentry coordinator.

211 Maryland Reentry Portal

The 211 Maryland Reentry Resource portal (211md.org/resources/mdreentry) is Maryland’s designated centralized reentry navigation hub. Accessible online or by texting “Reentry” to 898-211, the portal connects formerly incarcerated individuals and their families to housing resources, employment services, benefits enrollment, substance use treatment, mental health services, and legal aid across all Maryland jurisdictions. This is one of the first resources a returning citizen or family member should access.

Transitional and Bridge Housing

Maryland has a network of transitional housing programs specifically designed for individuals returning from incarceration. These programs provide short-term supervised or supportive housing while individuals stabilize employment and income sufficient to transition to independent rental housing. Baltimore City has the densest concentration of such programs, but resources exist across the state. DHCD’s Rental Allowance Program provides a 12-month subsidy for low-income individuals who are homeless or have a critical housing need, including individuals newly released from incarceration who meet income eligibility standards. The Maryland Department of Human Services also administers emergency assistance programs that can provide short-term housing support.

The Fair Chance Housing Act in the Reentry Context

The Maryland Fair Chance Housing Act (SB 937, effective October 1, 2026) is transformative for returning citizens seeking private rental housing. The Act’s pre-offer prohibition on criminal history inquiry means that an individual returning from incarceration cannot be asked about their criminal record at the application stage for covered landlords. The post-offer review is limited to specific recent felony convictions within five years and other enumerated serious offenses within three years. The Act also mandates individualized assessments that must consider rehabilitation, time elapsed, and mitigating factors, giving returning citizens a formal legal avenue to present their progress.

For individuals who have been released more than five years before applying, the Act’s restrictions on covered landlords are particularly powerful — most criminal records more than five years old simply cannot be considered as grounds for denial by covered landlords. For individuals within that five-year window, the individualized assessment requirement and the right to provide rehabilitation evidence are critical tools.

Parole and Supervision Housing Considerations

Individuals under active parole supervision in Maryland must maintain an approved residence as a condition of parole. Maryland’s Division of Parole and Probation, operating under DPSCS, requires that parolees have an approved address before release. This creates a timing and coordination challenge: the parolee needs an approved housing address to be released, but many landlords will not offer a lease before the individual is physically available to view the unit or complete paperwork. Reentry case managers and DPSCS reentry staff are familiar with this practical challenge and work to bridge it through transitional housing approvals and community sponsor arrangements.

Individuals in reentry should gather the following documentation before or shortly after release: release paperwork from DPSCS confirming release date and supervision status; completion certificates from any programming completed during incarceration (vocational training, education, substance use treatment, cognitive behavioral programs); letters from correctional staff, chaplains, counselors, or educators who supervised the individual’s progress; any employment offer letter or confirmation of income; and identification documents (state ID, Social Security card, birth certificate). Maryland’s Motor Vehicle Administration provides ID assistance for individuals recently released from incarceration.

This is informational only and not legal advice.

The Maryland Department of Public Safety and Correctional Services operates under the Annotated Code of Maryland, Correctional Services Article. The Reentry Unit within DPSCS’s Division of Rehabilitation and Reentry Services is responsible for transition planning. Maryland state law requires that reentry planning begin at least six months before a projected release date for individuals in state correctional facilities.

The Division of Parole and Probation, also within DPSCS, supervises individuals released on parole and on mandatory supervision under Maryland’s mandatory release statute. Conditions of supervision typically require maintenance of an approved residence and reporting of any address change. Violations of housing conditions can result in revocation proceedings. Practitioners working with recently released clients on supervision should coordinate directly with the supervising agent on housing plan approvals.

Maryland Fair Chance Housing Act — Reentry-Specific Implications

Under SB 937 (Chapter 752, effective October 1, 2026), the Act covers landlords with five or more residential rental units, excluding owner-occupied properties. For returning citizens, the Act’s most critical protections are the pre-offer prohibition on criminal history inquiry, the limitation on post-offer denial grounds to specific recent felony convictions, the individualized assessment requirement, and the rehabilitation evidence submission right under § 8-2A-06(b)-(d).

An individual who was released from incarceration more than five years before the application date and whose conviction type is a general felony (not one of the specifically enumerated serious crimes) cannot be denied housing by a covered landlord on the basis of that conviction. An individual released within the past five years may still be protected if their conviction is not a Maryland Criminal Law Article felony or if it is not among the serious offenses in the three-year window.

The Act also prohibits covered landlords from publishing advertisements stating they will not rent to individuals with criminal records (§ 8-2A-07), which has historically been a common and discouraging practice in online rental listings. This prohibition reduces the upfront chilling effect on returning citizens who might otherwise not apply.

Federal Assisted Housing — Mandatory and Permissive Denials

For individuals seeking public housing or Housing Choice Vouchers through Maryland PHAs, federal law at 24 C.F.R. § 982.553 requires mandatory denial of assistance to: persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing (lifetime ban); and persons subject to lifetime sex offender registration requirements under any state program. These federal mandatory bars exist independently of state law.

Beyond mandatory bars, PHAs may establish permissive denial criteria. PHAs in Maryland — including the Housing Authority of Baltimore City (HABC), Maryland DHCD, Prince George’s County Housing Authority, Montgomery County Housing Opportunities Commission (HOC), and others — set their own permissive screening criteria within HUD guidelines. HUD guidance (PIH Notice 2015-19 and the 2016 General Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records) encourages PHAs to conduct individualized assessments rather than blanket exclusions. Practitioners should request a copy of the specific PHA’s screening criteria before advising clients on eligibility.

The Maryland Rental Allowance Program (RAP), administered by Maryland DHCD, provides a 12-month rental subsidy to low-income individuals who are homeless or have a critical or emergency housing need. Returning citizens who are homeless upon release may qualify for this program. The application process varies by jurisdiction, and some county-level programs have their own eligibility criteria and waitlists.

Emergency Assistance to Families with Children (EAFC), administered by the Maryland Department of Human Services, provides emergency cash assistance for rent and utilities to families in crisis. For returning citizens with dependent children, this program may provide a critical bridge.

Fair Housing Considerations in Reentry

The intersectional nature of reentry housing barriers — where criminal record, poverty, and race converge — places returning citizens at significant fair housing risk. Maryland HB 573 (Chapter 751, signed May 26, 2026) codified disparate impact protections in Maryland’s fair housing law. A landlord policy that categorically excludes all individuals who have been incarcerated within a defined period, without individualized assessment, may constitute an unjustified disparate impact on Black Marylanders and other protected classes and may be challengeable under the strengthened Maryland Fair Housing Act.

This is informational only and not legal advice.

Maryland Correctional Services Article — DPSCS statutory authority: mgaleg.maryland.gov

Maryland Division of Parole and Probation: dpscs.maryland.gov

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), strengthened by HB 573 (Chapter 751, 2026): mccr.maryland.gov

HUD Section 8 Criminal History Screening — 24 C.F.R. § 982.553: hud.gov

HUD 2016 Criminal Records Fair Housing Guidance: hud.gov

Maryland Department of Human Services — Emergency Assistance: dhs.maryland.gov/weathering-tough-times/emergency-assistance

211 Maryland Reentry Portal: 211md.org/resources/mdreentry

Returning citizens face the full compendium of criminal record screening impacts: records visible in the Maryland Judiciary Case Search, potentially included in tenant screening reports without a time limit for convictions, and subject to PHA permissive denial criteria for voucher programs. Under the Fair Chance Housing Act (effective October 1, 2026), covered private landlords cannot inquire about most criminal history pre-offer and are limited in their post-offer review to specific categories of recent felony convictions. Parole and supervision conditions may restrict where an individual may live, creating additional navigation complexity. A lack of rental history is a secondary barrier that accompanying documentation of transitional housing, DPSCS-approved addresses, or supervised housing stays can begin to address.

Reentry and Criminal Record Support

DPSCS Reentry Unit — Incarcerated Individual Reentry Planning Statewide (facility-based) Phone: Contact through individual facility case manager Website: dpscs.maryland.gov/rehabservs/reentry/reentry.shtml What it helps with: Pre-release housing planning, connection to community services, transitional housing coordination, and reentry resource packets.

211 Maryland Reentry Resource Portal Statewide Phone: Text “Reentry” to 898-211 Website: 211md.org/resources/mdreentry What it helps with: Centralized navigation for housing, employment, benefits, legal aid, and support services for formerly incarcerated individuals and their families.

Out for Justice Baltimore City and Statewide Phone: Not listed Website: outforjustice.org What it helps with: Advocacy and direct services for Marylanders impacted by incarceration, including housing barrier navigation and Fair Chance Housing Act education.

Life After Release — Maryland Baltimore City Phone: Not listed Website: Contact through 211 Maryland reentry portal What it helps with: Reentry support, housing navigation, and community connection for formerly incarcerated individuals.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including reentry housing rights, Fair Chance Housing Act complaints, and expungement assistance.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance for income-eligible Marylanders, including expungement and housing legal support.

Public Justice Center Baltimore City and Statewide Phone: 410-625-9409 Website: publicjustice.org What it helps with: Housing rights advocacy and representation for individuals facing reentry-related housing discrimination.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaints for individuals denied housing based on criminal records in violation of the Fair Chance Housing Act or Maryland Fair Housing Act.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counseling for reentry housing navigation and rental readiness.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: Public housing and voucher program information; criminal history screening criteria vary by program.

Maryland DHCD Housing Choice Voucher Program Statewide (select jurisdictions) Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx What it helps with: State-administered voucher assistance; individual screening policies apply.

211 Maryland Reentry Portal: 211md.org/resources/mdreentry

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

NAACPLDF Press Release — Maryland Fair Chance Housing Act: naacpldf.org/press-release/landmark-fair-housing-legislation-signed-into-law-in-maryland

Maryland DHCD — Housing Rental Allowance Program: dhcd.maryland.gov

Maryland DHS Emergency Assistance: dhs.maryland.gov/weathering-tough-times/emergency-assistance

HUD Criminal Record Guidance: hud.gov

HUD 24 C.F.R. § 982.553 — PHA Criminal History Screening: hud.gov

Maryland Commission on Civil Rights: mccr.maryland.gov

Maryland Legal Aid: mdlab.org

Representative Kweisi Mfume — Baltimore Reentry Resources: mfume.house.gov/services/resources-for-residents/re-entry-services

National Reentry Resource Center: nationalreentryresourcecenter.org

This is informational only and not legal advice.

This is informational only and not legal advice.

Maryland’s sex offender registry is administered by the Maryland Department of Public Safety and Correctional Services (DPSCS) under Maryland Criminal Procedure Article §§ 11-701 through 11-848. The registry is organized into three tiers based on offense severity. Tier I registrants must register for 15 years. Tier II registrants must register for 25 years. Tier III registrants — the most serious category — must register for life. All registrants must verify their address on a regular basis with their local law enforcement agency. The registry is publicly accessible at the DPSCS Sex Offender Registry website (dpscs.maryland.gov/onlineservs/socem).

Critically, Maryland does not have a statewide residency restriction law prohibiting sex offenders from living within a certain distance of schools, churches, daycare centers, or other locations. This distinguishes Maryland from many other states that do impose such restrictions. However, the absence of a statewide law does not mean that housing is freely available. Private landlords routinely search the public registry, and registry status is a powerful and commonly applied screening disqualifier in the private rental market.

The Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) carves out sex offender registration status as one of the limited categories that covered landlords may consider even before extending a conditional offer. An individual subject to a lifetime registration requirement under a state sex offender registration program is listed in § 8-2A-05 as a permissible pre-offer disqualifier. This is a significant limitation on the Act’s protections for lifetime registrants. For Tier I and Tier II registrants who are not lifetime registrants, the pre-offer inquiry protection may apply more broadly, though this area warrants careful legal analysis. Federal housing program bars for lifetime registrants exist independently under 24 C.F.R. § 982.553.

This is informational only and not legal advice.

Maryland’s Tier System and Registry Requirements

Maryland’s sex offender registration statute is codified at Maryland Criminal Procedure Article §§ 11-701 through 11-848. The tier classification system was established in alignment with the federal Sex Offender Registration and Notification Act (SORNA), which imposes federal minimum standards on state registries.

Tier I covers the least severe qualifying offenses and requires registration every six months for 15 years. Tier II covers more serious offenses, including crimes involving minors, and requires registration every six months for 25 years. Tier III covers the most serious offenses, including

contact sexual offenses against minors and the most serious adult sexual offenses, and requires lifetime registration with address verification every three months.

All registrants must notify their local law enforcement agency of any address change within three days of the change. Failure to register or notify of an address change is a criminal offense in Maryland. The registry is publicly searchable through the DPSCS Comprehensive Registered Sex Offender website (dpscs.maryland.gov/onlineservs/socem), which allows any member of the public — including landlords — to search by name, zip code, or address proximity.

No Statewide Residency Restrictions

Maryland, as of June 2026, has no state statute imposing residency restrictions on registered sex offenders. Unlike states that prohibit sex offenders from living within a specified distance of schools, parks, playgrounds, daycare centers, or other locations, Maryland law imposes no such geographic constraints. This means that a Maryland registrant is legally permitted to live anywhere in the state without violating a state residency restriction law.

However, this legal openness at the state level does not translate to open access in the rental market. Private landlords who discover registry status through a background check or the public registry routinely decline to rent to registrants, and there is no Maryland law prohibiting private landlords from doing so. Some landlords impose contractual residency-style conditions in leases that may prohibit registrants from residing near children or specific locations on the property. These are private contractual terms, not state law restrictions, and their enforceability varies.

Fair Chance Housing Act — Registry-Specific Carve-Outs

The Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) contains specific carve-outs for sex offender registry status. Under § 8-2A-05(a)(2), before extending a conditional offer, a covered landlord may inquire about and consider whether a prospective tenant is subject to a lifetime registration requirement under a state sex offender registration program, or has ever been subject to a registration requirement under any state or federal sex offender registration program. This means that the Act’s pre-offer protection — which shields most applicants from criminal history inquiry — does not apply to sex offender registry status.

For individuals subject to lifetime registration (Tier III registrants), the Act specifically permits pre-offer inquiry and denial. For individuals on Tier I or Tier II registrations (non-lifetime), the statutory language raises a nuanced question about whether prior registration status alone can be inquired about pre-offer. The text of § 8-2A-05(a)(2)(II) and (III) distinguish between current and prior registration, which means the Act’s carve-out is broad with respect to registry status.

Federal Housing Program Bars

Under federal law at 24 C.F.R. § 982.553(b)(1)(ii), housing authorities administering Housing Choice Voucher programs must deny assistance to any individual who is subject to a lifetime sex offender registration requirement under any state program. This is a mandatory prohibition — it is not discretionary. An individual who is a Tier III lifetime registrant under Maryland law is categorically ineligible for Housing Choice Voucher assistance. PHAs may not waive this requirement.

For public housing programs, the same mandatory bar applies under 24 C.F.R. § 960.204(a)(4). These federal bars apply regardless of the length of time since the offense or evidence of rehabilitation.

Housing Navigation for Registrants

The housing market for registered sex offenders in Maryland is genuinely constrained, and navigation requires a targeted and realistic approach. Practical strategies include: identifying private landlords with smaller portfolios who conduct individualized screening; utilizing reentry programs and transitional housing that serve registrants specifically; working with a housing navigator or case manager through DPSCS’s reentry services or community-based reentry organizations; maintaining compliance with all registration and reporting requirements — any lapse creates new criminal exposure and further housing barriers; and where applicable, seeking legal counsel about whether tier reduction or removal from the registry is possible after satisfying the applicable waiting periods and requirements.

This is informational only and not legal advice.

Maryland Criminal Procedure Article §§ 11-701 through 11-848 — Registry Statute

The Maryland sex offender registration statute establishes the tier classification system, registration requirements, verification schedules, address change notification requirements, and penalties for failure to register. Tier I registrants register for 15 years (quarterly for Tier III, every six months for Tier I and II — the specific verification schedule should be confirmed with DPSCS). Tier III registrants are subject to lifetime registration. All registrants must provide their current residence address to their local law enforcement agency and must update that address within three days of any change.

The Maryland DPSCS Sex Offender Registry Compliance and Enforcement Division administers the registry and conducts compliance checks. Non-compliance is a criminal offense that can result in a new conviction and significant imprisonment. For housing purposes, any lapse in compliance creates additional criminal exposure and further entrenches housing barriers.

No State Residency Restrictions — Confirmed

Maryland’s Criminal Procedure Article contains no provision restricting where a registered sex offender may reside based on proximity to schools, parks, daycare centers, playgrounds, or any other location. This has been confirmed by Maryland case law and is acknowledged by advocacy organizations and criminal defense practitioners. However, federal supervised release conditions imposed by federal courts on individuals convicted of federal sex offenses may include residency restrictions, and parole conditions in state cases may include housing conditions imposed by the parole board as a supervision condition — which is distinct from a statutory residency restriction.

Practitioners should distinguish between statutory residency restrictions (none in Maryland) and supervision-imposed housing conditions (which may exist for supervised individuals). A parole condition restricting where a client may reside is enforceable as a condition of supervision, even though it is not a statewide statute.

Fair Chance Housing Act — Registry Carve-Out Analysis

Under Real Property Article § 8-2A-05(a)(2)(II) and (III) (as enacted by Chapter 752), a covered landlord may, before extending a conditional offer, reject a prospective tenant’s application on the grounds that the prospective tenant is subject to a lifetime registration requirement under a state sex offender registration program, or has ever been subject to a registration requirement under any state or federal sex offender registration program. The “has ever been subject” language is extremely broad and may encompass Tier I and Tier II registrants who were previously but are no longer on the registry, as well as individuals who completed a registration requirement in another state.

Practitioners should analyze this language carefully. The breadth of the “has ever been” language potentially allows covered landlords to deny housing to any applicant who has ever been required to register — even Tier I registrants who have since completed their 15-year registration period and been removed from the registry. This is a significant and concerning aspect of the Act that may generate litigation. Until clarified by regulation or judicial interpretation, practitioners should advise clients accordingly.

Federal Mandatory Bars Under 24 C.F.R. § 982.553 and § 960.204

The federal mandatory denial for lifetime sex offender registrants applies to all PHA-administered Housing Choice Voucher programs and public housing programs nationwide. Maryland PHAs — including HABC, DHCD, Prince George’s County Housing Authority, Montgomery County HOC, and all other Maryland PHAs — must comply with this mandatory bar. There is no waiver process, no grandfather exception, and no individualized assessment available for lifetime registrants in federal housing programs.

For Tier I and Tier II registrants who are not subject to lifetime registration, the federal mandatory bar does not apply, though PHAs may still exercise permissive denial authority for other criminal history reasons.

Registry Tier Review and Removal

Maryland law provides a mechanism by which Tier I registrants may petition for removal from the registry after completing the required registration period, subject to court approval. Tier III (lifetime) registrants generally do not have a mechanism for removal under current Maryland law. Practitioners should advise clients on the applicable tier, the applicable registration period, and whether petition-based removal from the registry is possible. Removal from the registry would eliminate the registry-based housing bar for private landlords and the lifetime federal bar (if the client was not a lifetime registrant).

This is informational only and not legal advice.

Maryland Criminal Procedure Article §§ 11-701 through 11-848 — Sex Offender Registration statute: mgaleg.maryland.gov

Maryland DPSCS Sex Offender Registry: dpscs.maryland.gov/onlineservs/socem/default.shtml

Maryland DPSCS Sex Offender Registry FAQ: dpscs.state.md.us/onlineservs/sor/frequently_asked_questions.shtml

Maryland DLS Sexual Crimes Guide Sheet (Tier reference): dls.maryland.gov/pubs/prod/NoPblTabPDF/Sexual-Crimes-Guide-Sheet.pdf

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026) — § 8-2A-05 carve-out provisions: mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Federal Sex Offender Registration and Notification Act (SORNA) — 34 U.S.C. § 20901 et seq.: justice.gov/smart

Federal Housing Mandatory Denial — 24 C.F.R. § 982.553 (Section 8): hud.gov

Federal Public Housing Mandatory Denial — 24 C.F.R. § 960.204: hud.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742): mccr.maryland.gov

Registry status is publicly searchable through the DPSCS website. Private landlords routinely conduct registry checks as part of tenant screening. The Maryland Fair Chance Housing Act carves out sex offender registry status as a permissible pre-offer disqualifier for covered landlords, meaning the Act’s general ban-the-box protections do not fully apply to registrants. Lifetime registrants face an absolute federal bar from Housing Choice Voucher and public housing programs under 24 C.F.R. § 982.553 and § 960.204. Non-lifetime registrants may be eligible for some PHA programs subject to permissive screening criteria. Private rental market access is constrained by registry visibility. No state law imposes geographic residency restrictions on registrants.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including housing discrimination guidance and navigation of registry-related housing barriers.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance for income-eligible Marylanders, including housing and civil rights matters.

Reentry and Criminal Record Support

DPSCS Reentry Unit Statewide (facility-based) Phone: Contact through facility case manager Website: dpscs.maryland.gov/rehabservs/reentry/reentry.shtml What it helps with: Pre-release housing planning for registrants, coordination with community supervision, and connection to transitional housing.

211 Maryland Reentry Resource Portal Statewide Phone: Text “Reentry” to 898-211 Website: 211md.org/resources/mdreentry What it helps with: Housing and support service navigation for formerly incarcerated individuals, including those with registry obligations.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaint intake and investigation; practitioners may consult MCCR on fair housing implications of broad registry-based exclusion policies.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counselors statewide for rental navigation assistance.

Maryland DPSCS Sex Offender Registry: dpscs.maryland.gov/onlineservs/socem/default.shtml

Maryland DPSCS Sex Offender Registry FAQ: dpscs.state.md.us/onlineservs/sor/frequently_asked_questions.shtml

Maryland DLS Sexual Crimes Guide Sheet: dls.maryland.gov/pubs/prod/NoPblTabPDF/Sexual-Crimes-Guide-Sheet.pdf

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Understanding Maryland’s Sex Offender Registry (2025): amacdonaldlaw.com/blog/2025/september/understanding-marylands-sex-offender-registry

Sex Offender Residency Restrictions — Maryland Has None: lotzemosley.com/sex-crime-defense-attorney-washington-dc/sex-offender-residency-restrictions

Maryland Sex Offender Registry FAQ (defense bar): maryland-criminallawyer.com/maryland-sex-crimes-lawyer/sex-offender-registry/faq

Federal SORNA: justice.gov/smart

HUD VASH and Section 8 Federal Bars: hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 7 bankruptcy is a federal liquidation bankruptcy process under Title 11 of the United States Code. In Maryland, Chapter 7 cases are filed in the United States Bankruptcy Court for the District of Maryland, which has courthouses in Baltimore and Greenbelt. To qualify for Chapter 7, a debtor must pass a means test confirming that their income is below the applicable threshold for Maryland, or that after allowable deductions their disposable income is too low to fund a Chapter 13 repayment plan.

Upon discharge — typically four to six months after filing — most unsecured debts are eliminated. Student loans, recent tax debts, child support, and alimony are among the non-dischargeable obligations. The discharge provides a legal fresh start, but the bankruptcy filing remains on the debtor’s credit report for up to ten years from the filing date under the FCRA (15 U.S.C. § 1681c(a)(1)).

For rental housing, the primary impact of a Chapter 7 bankruptcy is its visibility on a credit report and the resulting effect on credit scores. Many landlords use credit scores as a screening threshold, and a recent Chapter 7 filing can significantly depress a credit score. Additionally, some commercial tenant screening products flag bankruptcy filings directly as adverse items in screening reports. Maryland law does not currently prohibit private landlords from using bankruptcy history as a screening factor.

The anti-discrimination protections of 11 U.S.C. § 525(a) prohibit governmental units from discriminating against individuals solely because they are or were debtors in bankruptcy. This protection extends to government-administered housing programs — meaning that a public housing authority may not deny housing solely on the basis of a bankruptcy filing. Private landlords are not covered by this federal anti-discrimination provision, though some private landlords are subject to federal and state fair housing requirements that may be implicated by discriminatory screening policies.

This is informational only and not legal advice.

What Chapter 7 Means and How It Appears in Screening

A Chapter 7 bankruptcy discharge eliminates most unsecured debts — credit cards, medical bills, personal loans, and in many cases unpaid utility bills — providing a legal clean slate from those obligations. However, the filing itself remains a public record in the federal bankruptcy court system and on the debtor’s credit report for ten years from the filing date. This means that a landlord or tenant screening company that pulls a credit report will see the bankruptcy for a substantial period after discharge.

The credit score impact of a Chapter 7 filing is typically severe in the immediate period following discharge, though the score tends to recover over time as the filer demonstrates post-bankruptcy financial responsibility. Many landlords in Maryland use credit score minimums as a screening threshold — typically in the range of 580 to 650 — and a recent bankruptcy may push an applicant below that threshold. Understanding what a specific landlord’s credit requirements are before applying can help members focus their efforts on landlords with more flexible criteria or those who conduct individualized financial assessments.

Maryland Context and Applicable Law

Maryland does not have a state-level law protecting renters from discrimination based on bankruptcy filing history. The federal Bankruptcy Code’s anti-discrimination provision at 11 U.S.C. § 525(a) prohibits government entities — including public housing authorities — from denying housing solely because of a bankruptcy filing. Private landlords do not fall within the scope of § 525(a). Maryland’s Human Rights statute (State Government Article §§ 20-701 through 20-742) prohibits housing discrimination based on protected classifications such as race, sex, national origin, disability, marital status, and source of income — but bankruptcy history is not among the listed protected classes.

There is, however, a strategic argument that a blanket policy of denying housing to all applicants with any bankruptcy filing in their history could, in some circumstances, produce a racially or socioeconomically disparate impact. Under Maryland HB 573 (Chapter 751, signed May 26, 2026), disparate impact protections are now codified in Maryland’s fair housing law. Whether a bankruptcy-based exclusion policy could rise to a viable disparate impact claim would depend on the facts and context.

The Post-Bankruptcy Financial Narrative

The most effective housing navigation strategy for a member with a recent or past Chapter 7 is to build and present a compelling post-bankruptcy financial narrative. This narrative includes

documentation of current income (pay stubs, employer letters, benefit statements), current bank account statements showing savings or stable cash flow, evidence that the discharge has been completed, current credit reports showing any recovery since discharge, and ideally a letter of explanation addressing the circumstances that led to the bankruptcy and the steps taken since.

A key advantage of a completed Chapter 7 discharge is that the debtor’s unsecured debt obligations have been eliminated. This means that the debtor’s current debt-to-income ratio may actually be quite favorable — they may owe no credit card debt, no medical debt, and no personal loan debt. This can be an affirmative talking point with a landlord who is willing to look beyond the score and review the underlying financial picture.

Timing and Landlord Type

The impact of a Chapter 7 bankruptcy on rental applications diminishes over time. Many landlords who have flexible credit screening will consider applicants who had a bankruptcy more than two to three years prior, particularly if the credit profile has recovered. Immediately post-discharge, the most accessible rental options typically include smaller private landlords who evaluate applications individually, rooms in shared housing, subsidized housing programs with income-based rather than credit-based screening, and programs operated by nonprofit affordable housing developers.

Members should avoid applying to large property management companies with automated credit-score-based systems until their credit score has recovered to the threshold those systems require. Strategic, targeted applications to the right landlord types are far more effective than broad applications that trigger repeated automated rejections.

This is informational only and not legal advice.

Federal Bankruptcy Framework

Chapter 7 of Title 11 of the United States Code governs liquidation bankruptcy. In Maryland, Chapter 7 cases are filed in the United States Bankruptcy Court for the District of Maryland (mdb.uscourts.gov), which has division offices in Baltimore and Greenbelt. The filing fee as of January 2025 is $338 (per Maryland Legal Aid’s published bankruptcy guide). The means test under 11 U.S.C. § 707(b) determines eligibility; Maryland’s median income figures are updated periodically by the U.S. Trustee Program.

Maryland state law provides bankruptcy exemptions that allow debtors to protect certain property from liquidation. Maryland exemptions include: wages owed (up to 75% of disposable

earnings or 30 times the federal minimum wage, whichever is greater); household goods and furnishings (up to $1,000); qualified retirement accounts; and other specified property. Maryland homestead exemption allows protection of up to $125,000 in home equity for cases filed after June 1, 2026. Importantly, Maryland debtors may elect to use federal exemptions under 11 U.S.C. § 522(d) if they would provide greater protection; Maryland is one of the states that allows this choice.

FCRA and Bankruptcy Reporting

Under 15 U.S.C. § 1681c(a)(1), a consumer reporting agency may not report bankruptcy information that antedates the report by more than ten years. This means a Chapter 7 bankruptcy remains reportable for ten years from the filing date — a significant credit reporting duration. Unlike criminal convictions (which have no time limit) or other adverse items (reportable for seven years), the ten-year window for Chapter 7 is a specific FCRA provision.

When a landlord denies a rental application based wholly or partly on a consumer report containing bankruptcy information, the adverse action notice requirements of 15 U.S.C. § 1681m apply. The landlord must provide a notice identifying the consumer reporting agency, the right to a free copy of the report, and the right to dispute inaccuracies. Members denied housing based on a credit report containing bankruptcy information who did not receive an adverse action notice should consult a consumer law attorney.

Government Housing Anti-Discrimination Under 11 U.S.C. § 525(a)

Section 525(a) of the Bankruptcy Code provides that a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant, or deny employment, or “evict” a person from governmental housing solely because that person is or was a debtor or bankrupt, or has not paid a debt that is dischargeable in a case under Title 11. Courts have interpreted § 525(a) to protect bankruptcy debtors from being denied government-administered housing assistance solely on the basis of their bankruptcy status. This protection extends to PHAs administering public housing and HUD-assisted programs.

Private landlords are expressly excluded from § 525(a). The provision explicitly states it does not apply to private employers or private housing. Federal courts have uniformly held that § 525(b) — which does cover private employers — does not cover private landlords, and § 525(a) by its plain text applies only to governmental units.

Strategic Considerations for Practitioners

Legal advocates working with clients who face housing denials based on Chapter 7 bankruptcy should: verify that an adverse action notice was provided if a consumer report was used; determine whether the bankruptcy information in the consumer report is accurate (errors in bankruptcy reporting are not uncommon); assess the client’s current financial stability and help build the post-bankruptcy narrative documentation; identify affordable housing options where

income-to-rent ratios rather than credit scores are the primary criterion; and advise clients on credit rebuilding strategies such as secured credit cards and timely payment reporting that can accelerate score recovery.

HUD-approved housing counseling agencies in Maryland provide financial counseling that includes post-bankruptcy credit recovery guidance. St. Ambrose Housing Aid Center in Baltimore and Neighborhood Housing Services of Baltimore are HUD-approved agencies with this capacity.

This is informational only and not legal advice.

Title 11, United States Code — Chapter 7 Bankruptcy: uscode.house.gov

11 U.S.C. § 525(a) — Government housing anti-discrimination: uscode.house.gov

11 U.S.C. § 707(b) — Chapter 7 Means Test: uscode.house.gov

United States Bankruptcy Court for the District of Maryland: mdb.uscourts.gov

Federal Fair Credit Reporting Act — 15 U.S.C. § 1681c(a)(1) (ten-year bankruptcy reporting limit): ftc.gov

15 U.S.C. § 1681m — Adverse action notice requirements: ftc.gov

Maryland Bankruptcy Exemptions — Maryland Courts and Judicial Proceedings Article and Property Article: peoples-law.org/property-you-can-keep-after-declaring-bankruptcy

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), as strengthened by HB 573 (Chapter 751, 2026): mccr.maryland.gov

A Chapter 7 bankruptcy appears on a credit report for up to ten years from the filing date under the FCRA and may significantly depress a credit score, particularly in the months immediately following discharge. Many private landlords use credit score thresholds in automated screening systems, making recent bankruptcy a common trigger for application denials. The bankruptcy public record may also appear in dedicated tenant screening reports. Government housing programs (PHAs, HUD-assisted programs) may not deny housing solely on the basis of bankruptcy under 11 U.S.C. § 525(a). Private landlords are not covered by this protection. Over

time, as the debtor demonstrates post-discharge financial stability and the credit score recovers, the housing impact of a Chapter 7 diminishes substantially.

Maryland Legal Aid — Bankruptcy Program Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services including bankruptcy counseling and assistance for income-eligible Marylanders; publishes free bankruptcy guides for Chapter 7 and Chapter 13.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help for income-eligible individuals, including bankruptcy-related housing matters.

United States Bankruptcy Court — District of Maryland Baltimore and Greenbelt locations Phone: 410-962-2688 (Baltimore) Website: mdb.uscourts.gov What it helps with: Official court filings, case status, discharge documentation, and public case records.

Maryland People’s Law Library — Bankruptcy Resources Statewide (online) Phone: Not listed Website: peoples-law.org/which-type-bankruptcy-should-i-file What it helps with: Plain-language explanations of Chapter 7 and Chapter 13 bankruptcy processes and Maryland exemptions.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: Connection to HUD-approved housing counselors with financial counseling capabilities, including post-bankruptcy rental readiness.

St. Ambrose Housing Aid Center Baltimore City Phone: 410-366-8550 Website: stambros.org What it helps with: HUD-approved housing counseling, rental assistance navigation, and financial coaching for rental readiness.

Neighborhood Housing Services of Baltimore Baltimore City Phone: 410-327-1200 Website: nhsbaltimore.org What it helps with: HUD-approved housing counseling including financial counseling and rental application support.

Home Free USA Multiple Maryland locations Phone: Not listed (varies by location) Website: homefreeusa.org What it helps with: HUD-approved housing counseling and rental readiness guidance including post-bankruptcy credit recovery.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services including guidance on FCRA rights, adverse action notice requirements, and housing access strategies post-bankruptcy.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaint intake where bankruptcy-related exclusion may have a discriminatory disparate impact on protected classes.

Maryland Legal Aid — Bankruptcy Guide (Chapter 7, July 2025): mdlab.org/wp-content/uploads/MLA_Bankruptcy_7.2025_v2_web.pdf

Maryland People’s Law Library — Bankruptcy: peoples-law.org/which-type-bankruptcy-should-i-file

Maryland People’s Law Library — Property Exempt in Bankruptcy: peoples-law.org/property-you-can-keep-after-declaring-bankruptcy

United States Bankruptcy Court — District of Maryland: mdb.uscourts.gov

Federal FCRA — Ten-Year Bankruptcy Reporting Rule (15 U.S.C. § 1681c): consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

11 U.S.C. § 525(a) — Government Housing Anti-Discrimination: uscode.house.gov

Ginsburg Law Group — Renting After Chapter 7 (2026): ginsburglawgroup.com/2026/02/how-to-get-approved-for-an-apartment-after-chapter-7-bankrupt cy

How to Get an Apartment with Bankruptcy — LeaseRunner: leaserunner.com/blog/can-you-get-an-apartment-with-a-bankruptcies

Southern Maryland Law — Homestead Exemption 2026: southernmarylandlaw.com/can-you-keep-your-house-when-you-file-for-bankruptcy

Maryland Commission on Civil Rights: mccr.maryland.gov

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 13 bankruptcy is a federal reorganization bankruptcy under Title 11 of the United States Code, sometimes called a “wage earner’s plan.” Unlike Chapter 7, which discharges most debts quickly through liquidation, Chapter 13 involves a three-to-five-year court-approved repayment plan through which the debtor pays some or all of their debts from future income. Maryland Chapter 13 cases are filed in the United States Bankruptcy Court for the District of Maryland.

A Chapter 13 filing appears on a credit report for seven years from the filing date under the FCRA — three years less than a Chapter 7. This is a modest but meaningful distinction. The more significant housing challenge with Chapter 13 is not primarily its credit report impact but rather the practical question of affordability: a debtor in an active plan is making regular plan payments to a bankruptcy trustee, and many landlords will scrutinize whether the debtor’s income is sufficient to cover both the plan payments and the proposed rent.

Unlike Chapter 7, Chapter 13 debtors typically do not lose assets and can catch up on arrears on secured debts — including back rent that predates the filing — through the plan. This means Chapter 13 can sometimes be used strategically by a tenant facing eviction for unpaid rent to halt the eviction and restructure the debt. Government housing programs may not deny housing solely on the basis of a bankruptcy filing under 11 U.S.C. § 525(a).

This is informational only and not legal advice.

Chapter 13 differs from Chapter 7 in ways that matter directly for housing. A Chapter 7 is a relatively quick process — most cases complete within four to six months — and results in a discharge of most unsecured debts, but stays on the credit report for ten years. A Chapter 13 is a multi-year repayment plan (three to five years) and stays on the credit report for only seven years from the filing date. An individual in an active Chapter 13 plan is simultaneously paying a court-approved monthly plan payment while trying to meet their regular living expenses. This creates an affordability analysis that landlords will scrutinize carefully.

How Chapter 13 Appears in Tenant Screening

A Chapter 13 filing appears as an adverse item on a credit report. Commercial tenant screening reports that include credit data will reflect the bankruptcy. The credit score impact is typically significant in the immediate post-filing period, though some filers experience less severe score damage if they have been keeping current on other obligations. As the debtor progresses through the plan and demonstrates consistent payment behavior, credit scores can begin recovering even while the plan is still active.

Some landlords who pull credit reports will see an active Chapter 13 as a negative indicator. However, unlike a recent Chapter 7 discharge where the debtor may have just eliminated all their debts, an active Chapter 13 filer has an ongoing demonstrated commitment to paying their obligations under court supervision. A well-prepared applicant can present the Chapter 13 as evidence of financial responsibility — choosing to repay debts under a structured court-approved plan — rather than a sign of financial irresponsibility.

The Automatic Stay and Housing

One often-overlooked housing protection in bankruptcy is the automatic stay under 11 U.S.C. § 362. When a Chapter 13 petition is filed, the automatic stay immediately halts most collection actions — including eviction proceedings for unpaid rent that arose before the filing date. This means that a tenant facing eviction for pre-petition rent arrears who files Chapter 13 may be able to temporarily halt the eviction. The debtor can then propose a plan that cures the arrears over the life of the plan while maintaining ongoing rent payments. This is a specific and time-sensitive legal strategy that requires immediate consultation with a bankruptcy attorney.

Note that the automatic stay does not protect against evictions for post-petition lease violations or for situations where the landlord has already obtained a money judgment before the bankruptcy petition. Maryland courts handle emergency stay relief motions promptly.

Practical Navigation for Active Chapter 13 Filers

Members in an active Chapter 13 repayment plan who are seeking new housing should prepare an affordability package for prospective landlords. This package should include the Chapter 13 plan confirmation order from the bankruptcy court showing the monthly plan payment amount, pay stubs or other income documentation showing total gross and net monthly income, a clear monthly budget showing income, plan payment, and remaining funds available for rent and living expenses, and a brief explanation letter framing the Chapter 13 as a responsible choice to repay obligations under court supervision.

The discharge at the completion of a Chapter 13 plan is a significant milestone that substantially improves the housing application picture. Post-discharge, the remaining credit report impact is the seven-year filing entry, but with no active plan payments the applicant’s income-to-expense ratio improves substantially.

Government Housing Programs

Under 11 U.S.C. § 525(a), a governmental housing authority may not deny housing solely because an applicant is or was a debtor in bankruptcy. This protection applies during an active Chapter 13 plan as well as after discharge. A PHA that denies a voucher application solely because of an active Chapter 13 filing may be in violation of § 525(a). Members who believe a PHA has denied them housing solely on this basis should consult a bankruptcy attorney or legal aid attorney.

This is informational only and not legal advice.

Chapter 13 of Title 11 (U.S.C. §§ 1301-1330) governs the wage earner’s reorganization plan. The debtor proposes a three-to-five-year plan to repay creditors from future income. Plan confirmation requires court approval and demonstration that the plan is feasible — meaning the debtor’s income is sufficient to fund the proposed payments. The Chapter 13 trustee in Maryland receives and disburses plan payments.

The automatic stay at 11 U.S.C. § 362 halts virtually all collection and eviction actions against the debtor upon filing. In the housing context, this stay can temporarily halt a pending eviction

for pre-petition rental arrears, giving the debtor an opportunity to cure those arrears through the plan. The landlord may move for relief from the stay under § 362(d) if the debtor cannot demonstrate adequate protection or feasibility of cure.

Post-plan-completion, the Chapter 13 discharge under 11 U.S.C. § 1328 eliminates most remaining unsecured debts, providing a full financial fresh start after years of demonstrated repayment discipline.

FCRA — Seven-Year Reporting for Chapter 13

Under 15 U.S.C. § 1681c(a)(1), a Chapter 13 bankruptcy is reportable for only seven years from the filing date — three years less than a Chapter 7 discharge. This distinction can matter significantly for housing applicants who filed Chapter 13 several years prior. A Chapter 13 filed five years ago is within the FCRA window but may be aging off within two years.

Adverse action notice requirements under § 1681m apply whenever a landlord takes adverse action based on a consumer report. Members denied housing based on bankruptcy information should verify that an adverse action notice was provided and that the bankruptcy information reported is accurate.

11 U.S.C. § 525(a) — Government Housing Anti-Discrimination

This provision prohibits governmental units from discriminating against current and former bankruptcy debtors in government-administered housing programs. PHAs in Maryland — including HABC, DHCD’s HCV program, and county-level PHAs — may not deny housing solely on the basis of an active or discharged Chapter 13 bankruptcy. This is a meaningful protection for members applying for public housing or Housing Choice Vouchers while in an active plan. Private landlords remain outside the scope of § 525(a).

Practitioner Considerations

Legal advocates working with clients in active Chapter 13 plans who face housing denials should assess whether a § 525(a) claim exists if a government entity was involved; verify that any adverse action notice was provided if a consumer report was used; help the client prepare an affordability package demonstrating plan payment and post-rent budget feasibility; explore whether the Chapter 13 plan can be modified to adjust payments if rent affordability is a genuine constraint; and consider whether certain affordable housing providers — nonprofit landlords, mission-based operators, LIHTC developments — use income-to-rent ratio criteria that may be more accessible than credit-score-based screening for active Chapter 13 filers.

This is informational only and not legal advice.

Title 11, United States Code — Chapter 13: uscode.house.gov

11 U.S.C. § 1301 through § 1330 — Chapter 13 reorganization: uscode.house.gov

11 U.S.C. § 362 — Automatic Stay: uscode.house.gov

11 U.S.C. § 525(a) — Government housing anti-discrimination: uscode.house.gov

11 U.S.C. § 1328 — Chapter 13 discharge: uscode.house.gov

Federal Fair Credit Reporting Act — 15 U.S.C. § 1681c(a)(1) (seven-year Chapter 13 reporting limit): ftc.gov

United States Bankruptcy Court — District of Maryland: mdb.uscourts.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742): mccr.maryland.gov

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov

A Chapter 13 bankruptcy filing appears on a credit report for seven years from the filing date. During an active plan, the monthly plan payment obligations reduce discretionary income and may affect the affordability calculation landlords use. Post-discharge, the income picture improves as plan payments end. Government housing authorities may not deny housing solely because of a bankruptcy filing under § 525(a). Private landlords retain discretion in their screening criteria but may be persuaded by a well-documented affordability and rehabilitation presentation. The automatic stay may temporarily protect a tenant from eviction for pre-petition rent arrears.

Maryland Legal Aid — Bankruptcy Program Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including Chapter 13 plan guidance and housing application strategy.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance including bankruptcy-related housing matters for income-eligible Marylanders.

United States Bankruptcy Court — District of Maryland Baltimore and Greenbelt Phone: 410-962-2688 (Baltimore) Website: mdb.uscourts.gov What it helps with: Official Chapter 13 case filings, plan confirmation documents, trustee contact information, and discharge records.

Maryland People’s Law Library — Bankruptcy Resources Statewide (online) Phone: Not listed Website: peoples-law.org/which-type-bankruptcy-should-i-file What it helps with: Plain-language explanations of Chapter 13 and its impact on finances and housing.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counseling, financial counseling, and rental navigation resources for individuals with bankruptcy history.

St. Ambrose Housing Aid Center Baltimore City Phone: 410-366-8550 Website: stambros.org What it helps with: HUD-approved housing counseling, rental readiness, and financial coaching.

Neighborhood Housing Services of Baltimore Baltimore City Phone: 410-327-1200 Website: nhsbaltimore.org What it helps with: HUD-approved housing counseling including financial guidance for post-bankruptcy rental navigation.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services including FCRA rights, government housing § 525(a) protections, and housing denial disputes for bankruptcy filers.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaint intake; relevant where bankruptcy-based exclusion may produce discriminatory effects.

Title 11, U.S.C. — Chapter 13: uscode.house.gov

11 U.S.C. § 525(a) — Government Housing Non-Discrimination: uscode.house.gov

United States Bankruptcy Court — District of Maryland: mdb.uscourts.gov

Maryland People’s Law Library — Bankruptcy: peoples-law.org/which-type-bankruptcy-should-i-file

Maryland Legal Aid — Bankruptcy Guide: mdlab.org

Federal FCRA — Seven-Year Chapter 13 Reporting Rule: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

Rosenblatt Law — Chapter 13 and Renting (2025): rosenblattlaw.com/blog/2025/03/how-does-chapter-13-bankruptcy-affect-your-ability-to-rent-a-ho me

Maryland Commission on Civil Rights: mccr.maryland.gov

Maryland DHCD Housing Counseling PDF (June 2025): dhcd.maryland.gov/Residents/Documents/HousingCounselors.pdf

This is informational only and not legal advice.

This is informational only and not legal advice.

Low credit is one of the most widely applied screening barriers in Maryland’s rental market. Most large property management companies and many smaller landlords pull credit reports as part of their standard tenant screening process and use minimum credit score thresholds — often in the 580 to 650 range — as a condition of approval. A low credit score can result from unpaid debts, prior bankruptcies, high credit utilization, a thin credit file with limited credit history, or errors in the underlying credit report.

Maryland law does not currently prohibit private landlords from using credit history or credit scores in screening. Maryland House Bill 242, which would have prohibited landlords from using consumer credit history as a basis for discrimination in housing transactions, was introduced in a prior legislative session but did not advance to enactment as of June 2026. The tenant is not without tools, however.

Maryland’s Real Property Article § 8-218 provides for a reusable or portable tenant screening report, which allows the applicant to obtain their own screening report — including credit information — and provide it directly to prospective landlords at no charge to the landlord. This portable report mechanism gives applicants more control over the timing and presentation of their credit information and can reduce the cost of multiple application fees.

Additionally, Maryland’s fair housing law and the FCRA may be relevant when credit-based screening policies produce a racially disparate impact or when credit information is reported inaccurately. Maryland HB 573 (Chapter 751, signed May 26, 2026) codified disparate impact protections in state fair housing law, and members whose credit was damaged by factors tied to systemic discrimination or health emergencies may have context worth presenting in an individualized review.

This is informational only and not legal advice.

How Credit Screening Works in Maryland’s Rental Market

Credit reports are a standard component of tenant screening throughout Maryland. When a landlord or property management company requests a background check on a prospective tenant, the check typically includes a credit report from one or more of the three major consumer reporting agencies — Equifax, Experian, and TransUnion — or from a specialty tenant screening service that compiles credit data. The report may show credit accounts and payment history, outstanding balances and collections, public records such as bankruptcy filings and civil judgments, and inquiries.

Most large property management companies in Maryland use automated screening systems that apply minimum credit score thresholds. Common thresholds range from 580 to 650, though

requirements vary by property and market. A credit score below a landlord’s threshold typically triggers an automatic denial before the application receives human review. Smaller private landlords are more likely to review credit reports holistically — looking at patterns of payment, the reasons for negative marks, and the applicant’s current financial stability.

Maryland Legal Landscape for Credit-Based Screening

Maryland currently does not have a statute specifically prohibiting landlords from using credit history as a screening criterion. Maryland House Bill 242, which proposed to add consumer credit history to the list of prohibited bases for housing discrimination, was introduced in a prior session but did not advance to enactment as of June 2026. This remains a legislative advocacy priority for economic justice organizations in the state.

Maryland’s general fair housing law (State Government Article §§ 20-701 through 20-742), as strengthened by HB 573 (Chapter 751, 2026), does not list credit history as a protected class but does codify disparate impact protections. A credit screening policy that systematically excludes applicants from protected racial, ethnic, or national origin groups without adequate justification could potentially be challenged as having an unjustified discriminatory effect.

Under the FCRA, applicants have rights with respect to the accuracy of credit information. Errors in credit reports are common — they can result from identity theft, creditor reporting errors, or outdated information. Under 15 U.S.C. § 1681i, a consumer has the right to dispute inaccurate information in a credit report, and the consumer reporting agency must investigate and correct or delete inaccurate items within 30 days.

The Portable Tenant Screening Report

Maryland Real Property Article § 8-218 (as amended) establishes the reusable or portable tenant screening report mechanism. An applicant may obtain a comprehensive screening report — including credit, criminal history (now subject to Fair Chance Housing Act limitations), eviction history, employment and income verification, and address history — from a consumer reporting agency at their own expense and provide it directly to prospective landlords at no charge to the landlord. This mechanism allows applicants to proactively understand and control the presentation of their credit information, avoid the credit score damage from multiple hard inquiries in multiple landlord-initiated checks, and contextualize their credit history with explanation letters before landlords form a negative impression.

Practical Strategies for Applicants with Low Credit

Members with low credit can employ several strategies to improve their rental application outcomes. Obtain a free credit report from each of the three major bureaus at AnnualCreditReport.com and review carefully for errors. Dispute any inaccuracies through the FCRA dispute process, which should result in investigation and correction within 30 days. Prepare a written explanation for any significant negative items — a medical debt collection, for

example, tells a different story than a pattern of non-payment. Gather documentation of current income stability: the income-to-rent ratio (typically three times monthly rent in gross income) can override credit concerns for some landlords. Offer a larger security deposit where permitted — Maryland law limits security deposits to the equivalent of two months’ rent under Real Property Article § 8-203.1, so this option has a legal cap but can signal commitment. Seek a co-signer or guarantor with stronger credit. Target landlords who use income-based rather than credit-based screening criteria.

For members whose low credit is a barrier they intend to address over time, credit rebuilding is possible and achievable. Secured credit cards, credit-builder loans (offered by some Maryland credit unions), timely payment of all current obligations, and reducing outstanding credit balances all contribute to score improvement. HUD-approved housing counseling agencies in Maryland provide free or low-cost financial counseling that includes personalized credit improvement planning.

This is informational only and not legal advice.

FCRA Credit Report Rights

The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) governs the collection, dissemination, and use of consumer credit information. Key rights for applicants with low credit include: the right to a free annual credit report from each of the three major bureaus at AnnualCreditReport.com under 15 U.S.C. § 1681j; the right to dispute inaccurate information under 15 U.S.C. § 1681i, which requires the CRA to investigate and correct or delete inaccurate items within 30 days; the right to receive an adverse action notice under 15 U.S.C. § 1681m when a landlord denies housing based wholly or partly on a consumer report; and the right to receive a free copy of the consumer report used in any adverse action.

Practitioners working with clients denied housing based on credit reports should immediately assess whether an adverse action notice was provided, obtain the report used in the adverse action, review the report for accuracy errors or outdated items, and initiate disputes where warranted. A credit dispute that results in deletion of a significant negative item can meaningfully change a client’s credit score.

Maryland Portable Tenant Screening Report — § 8-218

Real Property Article § 8-218 (as amended by SB 937, Chapter 752 of 2026) establishes the portable/reusable tenant screening report as a mechanism for applicants to control the presentation of their screening information. The report must include a credit report, criminal history (subject to Fair Chance Housing Act limitations), eviction history for seven years, employment and income verification, and address and rental history. The report is prepared by a consumer reporting agency at the applicant’s expense and provided directly to landlords at no charge to the landlord. This mechanism reduces application fee costs, reduces hard inquiry volume, and allows the applicant to review all screening information before it is presented to landlords.

Fair Housing and Credit Screening

Maryland HB 573 (Chapter 751, signed May 26, 2026) codified discriminatory intent and disparate impact protections in Maryland’s fair housing law. The Equal Rights Center and National Fair Housing Alliance have documented that credit-based exclusion policies disproportionately affect Black and Latino households due to the well-documented racial wealth gap and its effects on credit history. While credit history is not a listed protected class in Maryland’s fair housing statute, a blanket exclusion policy for all applicants below a specific credit threshold — with no individualized assessment — could potentially be challenged as having an unjustified disparate impact. Practitioners should consult the Maryland Commission on Civil Rights and economic justice advocacy organizations about the current state of disparate impact jurisprudence in Maryland.

Maryland HB 242 — Legislative Watch

Maryland HB 242, which would have prohibited landlords from using consumer credit history as a basis for housing discrimination, did not advance to enactment as of June 2026. This legislative proposal remains a priority for economic justice advocates in Maryland, and practitioners and members should monitor the Maryland General Assembly (mgaleg.maryland.gov) for reintroduction in future sessions. If enacted, this would represent a transformative change in Maryland’s rental screening law.

Security Deposit Constraints

Maryland Real Property Article § 8-203.1 limits security deposits in residential leases to no more than two months’ rent. This cap means that while members with low credit may wish to offer a larger upfront security deposit to offset the credit risk, the legal maximum is two months’ rent. Some landlords may also allow a co-signer or guarantor arrangement outside the security deposit structure, which does not carry this cap.

This is informational only and not legal advice.

Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) — Consumer credit rights, dispute rights, adverse action rights: ftc.gov

15 U.S.C. § 1681c — Adverse item reporting periods: ftc.gov

15 U.S.C. § 1681i — Consumer dispute rights: ftc.gov

15 U.S.C. § 1681j — Free annual credit report right: AnnualCreditReport.com

15 U.S.C. § 1681m — Adverse action notice: ftc.gov

Maryland Real Property Article § 8-218 — Portable Tenant Screening Report (as amended by Chapter 752, 2026): mgaleg.maryland.gov

Maryland Real Property Article § 8-203.1 — Security deposit maximum (two months’ rent): mgaleg.maryland.gov

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), as strengthened by HB 573 (Chapter 751, 2026): mccr.maryland.gov

Maryland HB 242 — Proposed Credit History Housing Anti-Discrimination (did not enact as of June 2026): mgaleg.maryland.gov

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov/Tenant-Landlord-Affairs/Pages/Tenants-Bill-of-Rights.aspx

Low credit scores frequently appear in tenant screening reports generated by consumer reporting agencies from credit bureau data. Most large landlords and property management companies use automated screening systems with credit score minimums. A low score — particularly below 580 — can trigger automatic denial before any human review. Smaller private landlords are more likely to conduct individualized assessments. The FCRA gives applicants the right to review credit reports, dispute errors, and receive adverse action notices when a report is used to deny housing. Maryland’s portable tenant screening report mechanism allows applicants to control the timing and presentation of credit information. Maryland’s security deposit maximum of two months’ rent caps the extent to which upfront deposits can offset credit risk in landlord negotiations.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: Connection to HUD-approved housing counselors who provide credit counseling, rental readiness, and financial coaching for low-credit applicants.

St. Ambrose Housing Aid Center Baltimore City Phone: 410-366-8550 Website: stambros.org What it helps with: HUD-approved housing counseling, financial coaching, credit improvement guidance, and rental readiness support.

Neighborhood Housing Services of Baltimore Baltimore City Phone: 410-327-1200 Website: nhsbaltimore.org What it helps with: HUD-approved housing counseling including credit counseling and community lending programs.

Maryland Homeownership Center — HUD-Approved Counseling Statewide Phone: Not listed Website: marylandhomeownership.com What it helps with: HUD-approved housing counseling including rental and credit barrier navigation.

Southern Maryland Tri-County Community Action Committee (SMTCCAC) — Housing Counseling Services Southern Maryland Phone: Contact through website Website: smtccac.org/housing-counseling-services.aspx What it helps with: HUD-approved housing counseling services for southern Maryland residents.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services including FCRA rights, adverse action notices, credit report dispute guidance, and housing access support.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance for income-eligible Marylanders facing housing and credit-related legal issues.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaints including potential disparate impact challenges to credit-based screening policies.

Economic Action Maryland Statewide Phone: Not listed Website: econaction.org What it helps with: Policy advocacy and fair housing resources, including monitoring of credit discrimination legislation in Maryland.

Annual Credit Report — Free Credit Reports (Federally Authorized) Phone: 1-877-322-8228 Website: AnnualCreditReport.com What it helps with: Free annual credit reports from Equifax, Experian, and TransUnion for dispute and review purposes.

Consumer Financial Protection Bureau (CFPB) Federal / Nationwide Phone: 1-855-411-2372 Website: consumerfinance.gov What it helps with: Filing complaints about credit reporting errors, submitting FCRA disputes, and accessing consumer financial protection resources.

Federal Fair Credit Reporting Act — FTC Consumer Guidance: consumer.ftc.gov/articles/tenant-background-checks-and-your-rights

Maryland Real Property Article § 8-218 — Portable Screening Report: mgaleg.maryland.gov

Maryland Real Property Article § 8-203.1 — Security Deposit Cap: mgaleg.maryland.gov

Maryland Fair Housing Law — MCCR: mccr.maryland.gov

Maryland HB 573 (Chapter 751, 2026) — Disparate Impact Codification: mgaleg.maryland.gov

Maryland HB 242 — Credit History Housing Discrimination Proposal: billtrack50.com/billdetail/1762803

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov

Maryland DHCD Housing Counseling PDF (June 2025): dhcd.maryland.gov/Residents/Documents/HousingCounselors.pdf

What Disqualifies a Tenant in Maryland (2026): the-mindful-landlord.com/blog/what-can-disqualify-tenant-maryland-landlord-screening-guide

This is informational only and not legal advice.

This is informational only and not legal advice.

Low income intersects with the rental housing market in Maryland through two distinct dimensions: the challenge of meeting landlord income requirements in the private market and the pathway to income-targeted affordable housing assistance programs. Most private landlords in Maryland require gross monthly income of two to three times the monthly rent as a standard qualification. For individuals whose incomes fall below that threshold, accessing private market housing without rental assistance is often mathematically impossible given Maryland’s relatively high rental costs.

Maryland’s affordable housing programs operate through a network of state and local agencies. Maryland DHCD administers the Housing Choice Voucher (Section 8) program for certain jurisdictions through its Rental Housing Programs division, while local Public Housing Authorities (PHAs) administer their own HCV programs in major jurisdictions including Baltimore City, Baltimore County, Prince George’s County, Montgomery County, Anne Arundel County, and others. LIHTC-funded affordable housing developments offer income-restricted units at 30%, 50%, or 60% of area median income (AMI). DHCD’s Rental Allowance Program provides direct rental subsidies for individuals in urgent housing need.

Maryland’s Fair Housing Act, as of 2020, prohibits landlords from discriminating against renters based on source of income — meaning that landlords cannot refuse to rent to someone solely because they pay rent with a Housing Choice Voucher or other housing assistance. This source of income protection, enacted through the HOME Act, is codified in Maryland State Government Article and enforced by the Maryland Commission on Civil Rights. Landlords who refuse

vouchers may be subject to a fair housing complaint, though litigation around enforcement continues.

This is informational only and not legal advice.

The Income Gap in Maryland’s Rental Market

Maryland’s rental market is geographically varied but generally expensive relative to median incomes in high-need communities. The Baltimore metropolitan area, the Washington D.C. suburban jurisdictions, and smaller urban centers throughout the state all present significant affordability gaps for extremely low-income and very low-income households. Maryland’s 2025 Statewide Housing Needs Assessment, published by DHCD, documented a gap of 132,000 homes for extremely low-income households — a sobering measure of the structural mismatch between affordable housing supply and demand.

Most private landlords in Maryland use an income-to-rent ratio requiring that gross monthly income be at least two to three times the monthly rent. For individuals receiving minimum wage, disability benefits, or other low fixed incomes, meeting this threshold for market-rate apartments in most Maryland jurisdictions is extremely difficult without rental assistance.

The Maryland HOME Act — Source of Income Protection

The Maryland HOME Act, enacted in 2020, added source of income to the list of protected classes under Maryland’s Fair Housing Act. This means that a landlord may not refuse to rent to an applicant solely because they are paying rent through a Housing Choice Voucher, a rental assistance certificate, or other housing subsidy. Source of income discrimination — refusing to accept vouchers — is illegal in Maryland and may be reported to the Maryland Commission on Civil Rights or a local civil rights agency. Montgomery County’s Office of Landlord-Tenant Affairs and Baltimore City’s Civil Rights Commission also handle source of income complaints locally.

Enforcement of the HOME Act has been the subject of ongoing legal and policy work. A 2025 Maryland Supreme Court decision allowed a source of income discrimination lawsuit to proceed, and advocates continue to push for stronger enforcement mechanisms. Members who have been refused by a landlord specifically because they hold a voucher or other housing subsidy should document the refusal and contact a fair housing organization or legal aid.

Housing Choice Voucher Program in Maryland

The Housing Choice Voucher (Section 8) program — the largest federal rental assistance program — provides subsidies that allow income-eligible households to rent units in the private market. The family pays approximately 30% of their adjusted monthly income toward rent, and the voucher covers the remainder up to the payment standard set by the administering PHA.

In Maryland, HCV programs are administered by multiple entities: Maryland DHCD administers a state-level program for certain jurisdictions, while local PHAs administer programs in Baltimore City (HABC), Baltimore County, Prince George’s County (Housing Authority of Prince George’s County), Montgomery County (HOC), Anne Arundel County, and other jurisdictions. Many of these programs have waitlists that open infrequently. Maryland DHCD’s Eastern Shore waiting list opened on April 1, 2026 — an example of how waitlist openings are announced regionally and require timely application. Members should monitor DHCD’s website and local PHA websites for waitlist openings.

Maryland Rental Allowance Program (RAP)

DHCD administers the Rental Allowance Program, which provides a 12-month rental subsidy to low-income individuals who are homeless or have a critical or emergency housing need. This program is designed as a bridge to more permanent housing stability and is available to eligible individuals and families who do not yet have a Housing Choice Voucher. RAP is administered locally through county-level DHCD offices and community partners.

LIHTC Affordable Housing

Low Income Housing Tax Credit (LIHTC) developments throughout Maryland offer income-restricted units at below-market rents for households earning 30%, 50%, or 60% of the area median income (AMI). These units are in privately owned, professionally managed developments and typically require income verification but do not require a minimum credit score in the same way market-rate landlords do. DHCD maintains an affordable housing locator resource at its website.

The Maryland Department of Human Services operates emergency rental assistance programs, including the Emergency Assistance to Families with Children (EAFC) program for families in acute housing crisis. Local county-level emergency assistance programs also exist and vary by jurisdiction. Members facing immediate housing loss due to inability to pay rent should contact their county’s Department of Social Services or 211 Maryland for emergency rental assistance options.

This is informational only and not legal advice.

Statutory and Program Framework

The Maryland DHCD is the primary state agency responsible for administering affordable housing programs. DHCD’s statutory authority is rooted in the Annotated Code of Maryland, Housing and Community Development Article, which authorizes the Department to administer grant, loan, and subsidy programs for affordable housing. DHCD administers the Housing Choice Voucher Program, the Rental Allowance Program, the Community Development Block Grant (CDBG) program, the Low Income Housing Tax Credit program, and multiple other housing finance and rental assistance initiatives.

Local PHAs in Maryland operate under federal authority granted by the U.S. Housing Act of 1937 (42 U.S.C. § 1437 et seq.) and administer Housing Choice Voucher programs under contracts with HUD. Each PHA establishes its own Administrative Plan governing eligibility, waitlist management, and screening criteria within HUD’s minimum requirements.

Maryland HOME Act — Source of Income Discrimination

Maryland’s HOME Act, enacted in 2020 and codified in the State Government Article’s fair housing provisions, prohibits discrimination in rental housing based on source of income. The definition of source of income includes Housing Choice Vouchers, rental assistance certificates, Social Security benefits, disability benefits, and other lawful income sources. A landlord who refuses to rent to an applicant specifically because they hold a voucher is engaging in a discriminatory housing practice actionable before the Maryland Commission on Civil Rights under State Government Article § 20-705.

The MCCR has published guidance on source of income discrimination, explaining the law’s requirements and the complaint process. Economic Action Maryland has been active in documenting HOME Act violations and advocating for stronger enforcement. The 2025 Maryland Supreme Court decision allowing a source of income discrimination lawsuit to proceed (reported in The Daily Record, July 31, 2025) has strengthened the legal landscape for voucher holders challenging landlord refusals.

HCV Program — Federal Framework

The Housing Choice Voucher program is authorized under 42 U.S.C. § 1437f and is governed by HUD regulations at 24 C.F.R. Part 982. Key features of the program include income eligibility at or below 50% of AMI for initial admission (with 75% of new vouchers issued to households at or below 30% of AMI), payment standards set by the PHA, voucher terms and portability rules, and inspection requirements for units. PHAs must maintain Administrative Plans governing all aspects of their HCV programs, and members should request a copy of the specific PHA’s Administrative Plan to understand eligibility and screening criteria.

LIHTC Program

Maryland administers the Low Income Housing Tax Credit program through DHCD’s Division of Credit Assurance. LIHTC units are allocated through a competitive Qualified Allocation Plan (QAP) process and must remain income-restricted for a minimum of 30 years. Tenants in LIHTC units pay rents capped at no more than 30% of the applicable income limit (30%, 50%, or 60% of AMI, depending on the development). Waitlist information for individual LIHTC properties is managed by the property owner and varies by development.

Practitioner Considerations

Legal advocates working with low-income clients facing housing access barriers should assess voucher eligibility and waitlist status with every applicable PHA; identify LIHTC and other affordable housing developments in the client’s target jurisdiction; file source of income discrimination complaints where a landlord has refused a voucher; document the refusal in writing before filing; and connect clients to HUD-approved housing counseling agencies for rental readiness support.

This is informational only and not legal advice.

Maryland Housing and Community Development Article — DHCD statutory authority: mgaleg.maryland.gov

Maryland HOME Act — Source of Income Housing Discrimination Prohibition: mccr.maryland.gov/media/108/download?inline

Maryland State Government Article §§ 20-701 through 20-742 — Fair Housing Law (including source of income): mccr.maryland.gov

Maryland Fair Housing HB 573 (Chapter 751, signed May 26, 2026) — Disparate Impact Codification: mgaleg.maryland.gov

Federal Housing Act of 1937 (42 U.S.C. § 1437 et seq.) — Public Housing and HCV authority: hud.gov

24 C.F.R. Part 982 — HCV Program regulations: hud.gov

Maryland DHCD Housing Choice Voucher Program: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx

Maryland DHCD Rental Allowance Program: dhcd.maryland.gov

Maryland DHS Emergency Assistance Programs: dhs.maryland.gov/weathering-tough-times/emergency-assistance

Maryland 2025 Statewide Housing Needs Assessment: dhcd.maryland.gov/Documents/Research/Compiled-Report-SHNA-2025.pdf

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov

Low income creates both a private market qualification barrier — failing the income-to-rent ratio test — and a navigation challenge toward income-targeted assistance programs with waitlists and eligibility requirements. Maryland’s source of income protection under the HOME Act prohibits landlords from refusing Housing Choice Vouchers, reducing one barrier for voucher holders. However, enforcement remains an ongoing challenge. LIHTC affordable housing developments offer income-restricted units with more accessible screening criteria. Emergency rental assistance programs provide short-term bridges for households in crisis. PHAs operate individual criminal history and credit screening criteria for voucher programs that apply in addition to income eligibility.

Maryland DHCD Housing Choice Voucher Program Statewide (select jurisdictions) Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx What it helps with: State-administered HCV program; waiting list availability varies by region and is announced on the DHCD website.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: Public housing and HCV program for Baltimore City low-income households.

Housing Opportunities Commission of Montgomery County (HOC) Montgomery County Phone: 301-424-6265 Website: hocmc.org What it helps with: HCV program, rental assistance, and affordable housing for Montgomery County residents.

Baltimore County Housing Programs Baltimore County Phone: 410-887-4008 Website: baltimorecountymd.gov/departments/housing/housing-programs What it helps with: Housing Choice Voucher program and housing assistance for Baltimore County residents.

Rental and Emergency Assistance

Maryland DHS Emergency Assistance — EAFC Statewide (through county DSS offices) Phone: Contact county Department of Social Services Website: dhs.maryland.gov/weathering-tough-times/emergency-assistance What it helps with: Emergency cash assistance for rent and utilities for eligible families with children in housing crisis.

211 Maryland Statewide Phone: Dial 2-1-1 Website: 211md.org What it helps with: Statewide resource navigation for housing, rental assistance, utilities, food, and services for low-income Marylanders.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Source of income discrimination complaints under the HOME Act; enforcement of Maryland’s Fair Housing Act.

Economic Action Maryland Statewide Phone: Not listed Website: econaction.org/our-work/fair-housing What it helps with: Fair housing advocacy, HOME Act enforcement support, voucher holder rights resources, and housing policy advocacy.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counseling statewide for rental readiness, housing navigation, and affordable housing location.

St. Ambrose Housing Aid Center Baltimore City Phone: 410-366-8550 Website: stambros.org What it helps with: HUD-approved housing counseling, affordable rental navigation, and emergency housing support.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible Marylanders, including source of income discrimination complaints, housing access, and benefits advocacy.

People’s Law Library — Overview of Federal and State Housing Assistance Statewide (online) Phone: Not listed Website: peoples-law.org/overview-federal-and-state-housing-assistance-programs What it helps with: Plain-language explanations of federal and state housing assistance programs available in Maryland.

Maryland DHCD Housing Choice Voucher Program: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx

Maryland DHCD Eastern Shore Waiting List Opening (April 1, 2026): news.maryland.gov/dhcd/2026/03/12/public-notice

Maryland HOME Act — Source of Income Discrimination Guidance (MCCR): mccr.maryland.gov/media/108/download?inline

Maryland Supreme Court — Source of Income Lawsuit Proceeds (Daily Record, July 31, 2025): thedailyrecord.com/2025/07/31/maryland-housing-voucher-discrimination-lawsuit

Economic Action Maryland — HOME Act Loophole Advocacy: econaction.org/legislative/take-action-to-protect-tenants-close-the-home-act-loophole

Maryland 2025 Statewide Housing Needs Assessment: dhcd.maryland.gov/Documents/Research/Compiled-Report-SHNA-2025.pdf

NLIHC — Maryland Source of Income Bill: nlihc.org/resource/maryland-general-assembly-passes-bill-prohibit-source-income-discrimination

People’s Law Library — Housing Assistance Overview: peoples-law.org/overview-federal-and-state-housing-assistance-programs

211 Maryland: 211md.org

Maryland DHS Emergency Assistance: dhs.maryland.gov/weathering-tough-times/emergency-assistance

Maryland Commission on Civil Rights: mccr.maryland.gov

Housing Authority of Baltimore City: habc.org

HOC Montgomery County: hocmc.org

This is informational only and not legal advice.

This is informational only and not legal advice.

The Housing Choice Voucher (HCV) program — commonly called Section 8 — is the federal government’s primary rental assistance tool for low-income households. In Maryland, the program is administered by Maryland DHCD for certain regional jurisdictions and by individual Public Housing Authorities for others, including the Housing Authority of Baltimore City (HABC), Baltimore County, Prince George’s County, Montgomery County Housing Opportunities Commission (HOC), Anne Arundel County, and other local agencies.

HCV holders pay approximately 30% of their adjusted monthly income toward rent. The PHA pays the remainder, up to the applicable payment standard. To use a voucher, the tenant must find a unit that meets HUD’s Housing Quality Standards and where the landlord is willing to participate in the program. The PHA inspects the unit before assistance begins and periodically thereafter.

Maryland’s HOME Act (2020) prohibits landlords from refusing to rent to voucher holders, making it illegal to discriminate based on source of income. Despite this protection, voucher holder discrimination remains a documented problem in Maryland’s rental market. Landlords may try to avoid vouchers indirectly — through credit score minimums, income ratio requirements calculated without including the voucher subsidy, or by simply not responding to voucher holder inquiries. Economic Action Maryland has documented these practices and has advocated for a statutory amendment closing the HOME Act loophole that allows landlords to use credit history to effectively screen out voucher holders.

Under the Maryland Fair Chance Housing Act (SB 937, effective October 1, 2026), voucher holders who are also applicants with criminal records now have the additional layered protection

of the Act’s ban-the-box and individualized assessment requirements when applying to covered landlords.

This is informational only and not legal advice.

How the HCV Program Works in Maryland

The Housing Choice Voucher program is authorized under the federal Housing Act of 1937 (42 U.S.C. § 1437f) and administered by HUD through local PHAs. The program provides a portable subsidy that the voucher holder takes to the private rental market — unlike project-based assistance where the subsidy is tied to a specific unit. The household pays approximately 30% of adjusted monthly income toward rent, and the PHA pays the difference between that household contribution and the actual rent, up to the payment standard.

Maryland’s HCV programs are administered by a network of PHAs and by DHCD directly for certain geographic areas. Key PHAs include: the Housing Authority of Baltimore City (HABC), which administers one of the largest HCV programs in the state; the Housing Opportunities Commission of Montgomery County (HOC); the Housing Authority of Prince George’s County; the Housing Authority of Anne Arundel County; and county-level housing programs in Baltimore County, Howard County, and others. Each PHA has its own administrative plan, payment standards, and waitlist management protocols.

Maryland HOME Act — Source of Income Prohibition

Maryland’s HOME Act, effective October 1, 2020, amended the Maryland Fair Housing Act to prohibit housing discrimination based on source of income. Source of income includes Housing Choice Vouchers, rental subsidies, Social Security, disability income, and other lawful income sources. A landlord in Maryland — with limited exceptions — may not refuse to rent to, set different terms for, or otherwise discriminate against a person because they are paying rent with a Housing Choice Voucher. This applies to the vast majority of landlords in Maryland.

Exceptions to the HOME Act exist for owner-occupied properties with fewer than five units (the owner may limit tenants to non-voucher holders). The HOME Act does not override property-specific requirements of the federal program — a unit must still meet Housing Quality Standards, and the rent requested must fall within or be negotiable to the PHA’s payment standard range.

The MCCR Source of Income Discrimination Guidance document (mccr.maryland.gov) provides clear explanation of what constitutes prohibited source of income discrimination and how to file

a complaint. The 2025 Maryland Supreme Court ruling allowing a source of income lawsuit to proceed under the HOME Act has reinforced the enforceability of these protections.

HOME Act Loophole — Ongoing Advocacy

Economic Action Maryland has identified and publicized a HOME Act enforcement gap: some landlords use credit score minimums, income ratio requirements calculated from the tenant’s share only (not including the voucher subsidy), or other facially neutral criteria to effectively screen out voucher holders without explicitly citing the voucher as the reason. Closing this loophole has been an ongoing legislative advocacy goal. Members who believe they were denied housing for reasons that are effectively pretextual voucher discrimination should document the denial and consult with a fair housing organization or legal aid attorney.

PHA Screening and Criminal History

PHAs administering HCV programs in Maryland apply both federal mandatory denial criteria (methamphetamine production on federally assisted premises and lifetime sex offender registration under 24 C.F.R. § 982.553) and permissive denial criteria established in their Administrative Plans. These permissive criteria vary by PHA and may include lookback periods for specific criminal offense types. Members who are denied or terminated from an HCV program have the right to an informal hearing before the PHA.

Under the Maryland Fair Chance Housing Act (SB 937, effective October 1, 2026), private landlords covered by the Act — five or more units, non-owner-occupied — are also restricted in their criminal history screening of voucher applicants. The Act provides layered protection for voucher holders who also have criminal records: they are protected both by the HOME Act against source of income discrimination and by the Fair Chance Housing Act against pre-offer criminal history inquiry.

Using a Voucher — Practical Steps

Members holding an active HCV should take the following steps when searching for housing: contact the administering PHA for the current payment standard and maximum rent in your bedroom-size category; use the PHA’s landlord database if available to identify landlords who have previously participated in the program; present yourself as a prepared and reliable tenant with documentation of income, rental history, and any other positive factors; document any landlord refusals, particularly those that appear pretextual; and contact Maryland Legal Aid or a fair housing organization if you experience source of income discrimination.

This is informational only and not legal advice.

Federal HCV Program Framework

The HCV program operates under 42 U.S.C. § 1437f and HUD regulations at 24 C.F.R. Part 982. Key program elements include income eligibility thresholds (at or below 50% of AMI for initial admission; 75% of new vouchers must go to households at or below 30% of AMI), HQS inspection requirements for all units, payment standard policies set by each PHA, portability rights allowing vouchers to be used anywhere in the country after an initial period, and annual recertification requirements.

Under 24 C.F.R. § 982.553, mandatory denial of HCV assistance applies to lifetime sex offender registrants and methamphetamine producers on federally assisted premises. Beyond these, each PHA’s Administrative Plan sets permissive denial criteria. PHAs are encouraged by HUD guidance (PIH Notice 2015-19) to use individualized assessments rather than blanket criminal history exclusions.

Maryland HOME Act — Legal Text and Enforcement

The HOME Act amended Maryland State Government Article § 20-707 to add “source of income” to the list of characteristics protected from housing discrimination. Source of income is defined to include any lawful source of income including Housing Choice Vouchers, rental assistance, and income-based government benefits. Violations are actionable under Maryland State Government Article § 20-714 and may result in cease-and-desist orders, compensatory damages, and civil penalties.

The MCCR is the primary enforcement agency for state fair housing complaints, though HUD’s Office of Fair Housing and Equal Opportunity (FHEO) also accepts complaints for federal Fair Housing Act violations. Local fair housing organizations — including the Equal Rights Center and Economic Action Maryland — may accept referrals and conduct independent testing to document discrimination.

The 2025 Maryland Supreme Court ruling allowing a source of income lawsuit to proceed under the HOME Act (reported in The Daily Record) expanded the legal landscape for voucher holder enforcement. Practitioners should monitor subsequent developments in this litigation and follow guidance issued by the MCCR on the ruling’s implications.

Fair Chance Housing Act and Voucher Holders with Criminal Records

SB 937 (Chapter 752, effective October 1, 2026) applies to private landlords — including those accepting HCV vouchers — with five or more units. A voucher holder who also has a criminal record benefits from two simultaneous layers of protection when applying to a covered private landlord: the HOME Act prohibits discrimination based on the voucher itself, and the Fair Chance Housing Act prohibits pre-offer criminal history inquiry and limits post-offer review to

specific recent felony convictions. Together, these laws create a substantially more favorable screening environment for voucher holders with criminal records in the private market.

PHA Administrative Plan Review

The PHA’s Administrative Plan is the governing document for the HCV program at each authority. It specifies income eligibility criteria, criminal history screening policies, waitlist management rules, and program requirements. Members who have been denied assistance or terminated from a program should obtain a copy of the Administrative Plan, compare their situation against the plan’s criteria, and determine whether they have a basis for an informal hearing challenge. Maryland Legal Aid has experience representing clients in PHA informal hearings.

Security Deposit and Vouchers

Maryland Real Property Article § 8-203.1 limits security deposits to two months’ rent. This limit applies to HCV-assisted units as well. A landlord may not require a larger security deposit from a voucher holder than from a non-voucher holder, as doing so could constitute differential treatment on the basis of source of income in violation of the HOME Act.

This is informational only and not legal advice.

Federal Housing Act of 1937 (42 U.S.C. § 1437f) — HCV Program authority: hud.gov

24 C.F.R. Part 982 — HCV Program regulations: hud.gov

24 C.F.R. § 982.553 — Mandatory denial criteria: hud.gov

Maryland HOME Act — Source of Income Prohibition (State Government Article § 20-707): mccr.maryland.gov/media/108/download?inline

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742): mccr.maryland.gov

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Maryland Real Property Article § 8-203.1 — Security Deposit Cap: mgaleg.maryland.gov

Maryland Tenants’ Bill of Rights (July 1, 2025): dhcd.maryland.gov

Maryland DHCD HCV Program: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx

HCV voucher status may not be used by Maryland landlords as a basis for housing denial under the HOME Act’s source of income protection, enacted in 2020. Pretextual screening methods that effectively exclude voucher holders may also violate the HOME Act. PHA criminal history screening applies in addition to state screening law. Units must pass HQS inspection and the rent must fall within or near the PHA payment standard. Under the Fair Chance Housing Act (effective October 1, 2026), covered private landlords accepting vouchers may not conduct pre-offer criminal history inquiry and are limited in post-offer review. Lifetime sex offender registrants face a federal mandatory bar from HCV program participation.

Maryland DHCD Housing Choice Voucher Program Statewide (select jurisdictions) Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx What it helps with: State-administered HCV program, waiting list information, and program navigation.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: HCV program, public housing, and project-based voucher assistance for Baltimore City residents.

Housing Opportunities Commission of Montgomery County (HOC) Montgomery County Phone: 301-424-6265 Website: hocmc.org What it helps with: HCV program and rental assistance programs for Montgomery County low-income households.

Baltimore County Housing Programs Baltimore County Phone: 410-887-4008 Website: baltimorecountymd.gov/departments/housing/housing-programs What it helps with: Housing Choice Voucher program for Baltimore County residents.

Rockville Housing Enterprises — VASH Vouchers Montgomery County Phone: 301-424-6265 Website: rockvillehe.org/voucher-programs What it helps with: Voucher programs including HCV and VASH for Montgomery County residents.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Filing source of income discrimination complaints under the HOME Act; fair housing investigations and enforcement.

Economic Action Maryland Statewide Phone: Not listed Website: econaction.org/our-work/fair-housing What it helps with: HOME Act enforcement support, documentation of voucher discrimination practices, and fair housing complaint resources.

Equal Rights Center Washington D.C. area / Maryland Phone: 202-234-9096 Website: equalrightscenter.org What it helps with: Fair housing testing, investigation, and complaint assistance for source of income discrimination in the D.C. and Maryland market.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible individuals, including HCV program informal hearing representation, source of income complaint support, and housing denial appeals.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal assistance for income-eligible Marylanders including housing and voucher program disputes.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counseling and voucher program navigation assistance.

People’s Law Library — Section 8 and Public Housing Eligibility Statewide (online) Phone: Not listed Website: peoples-law.org/eligibility-and-applications-section-8-and-public-housing What it helps with: Plain-language explanation of HCV eligibility requirements, application process, and waiting list procedures in Maryland.

Maryland DHCD HCV Program: dhcd.maryland.gov/Residents/Pages/HousingChoice/default.aspx

Maryland HOME Act Source of Income Guidance (MCCR): mccr.maryland.gov/media/108/download?inline

Economic Action Maryland — HOME Act Loophole: econaction.org/legislative/take-action-to-protect-tenants-close-the-home-act-loophole

Maryland Supreme Court — Source of Income Lawsuit (The Daily Record, 2025): thedailyrecord.com/2025/07/31/maryland-housing-voucher-discrimination-lawsuit

People’s Law Library — Section 8 Eligibility: peoples-law.org/eligibility-and-applications-section-8-and-public-housing

People’s Law Library — Laws Against Housing Discrimination: peoples-law.org/laws-against-housing-discrimination

Maryland DHCD Eastern Shore Waiting List Opening (2026): news.maryland.gov/dhcd/2026/03/12/public-notice

Housing Authority of Baltimore City: habc.org

HABC Project-Based Waiting List Opening (January 2026): habc-onthelist.myhousing.com

HOC Montgomery County: hocmc.org

24 C.F.R. Part 982 — HCV Regulations: hud.gov

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

NLIHC — Maryland Source of Income Bill: nlihc.org/resource/maryland-general-assembly-passes-bill-prohibit-source-income-discrimination

This is informational only and not legal advice.

enrollment. Veterans should also explore the Maryland DVMF housing resource page and the VA’s own homeless veteran program network.

This is informational only and not legal advice.

HUD-VASH is a joint federal program combining HUD’s Housing Choice Voucher rental assistance with VA case management and clinical services, designed specifically for homeless veterans. The program was created to address veteran homelessness by pairing the immediate housing tool — the voucher — with the ongoing support services that help veterans sustain that housing over time.

In Maryland, HUD-VASH is administered through the VA Maryland Health Care System (VAMHCS), which serves veterans in the Baltimore metropolitan area and surrounding jurisdictions. Veterans in other parts of the state may be served through the VA Medical Center in Washington D.C. (for the D.C.-adjacent Maryland suburbs) or through community-based outpatient clinics. The public housing authorities that administer the voucher portion of HUD-VASH in Maryland include the Housing Authority of Baltimore City, Rockville Housing Enterprises (for Montgomery County), and other PHAs that receive HUD-VASH voucher allocations.

Eligibility for HUD-VASH requires: veteran status (defined as having served on active duty in the U.S. military and received an honorable or other-than-dishonorable discharge — some programs serve veterans with general under honorable conditions discharges as well); current homelessness or imminent risk of homelessness; enrollment in VA healthcare; and willingness to participate in case management. Veterans with criminal records may face the same PHA criminal history screening standards that apply to other HCV applicants, including the federal mandatory bar for lifetime sex offender registrants. The individualized assessment approach encouraged by HUD is particularly important for the veteran population, which includes many individuals with service-related trauma, substance use history, or mental health conditions connected to their criminal records.

This is informational only and not legal advice.

What HUD-VASH Is and How It Works

HUD-VASH is a joint initiative between the U.S. Department of Housing and Urban Development and the U.S. Department of Veterans Affairs, first funded by Congress in 2008 and continuously reauthorized and expanded since. The program combines a Housing Choice

Voucher administered by a local PHA with case management services provided by the VA, including mental health, substance use, medical, and other clinical services. The goal is to move homeless veterans from the streets or shelters into stable, permanent, private-market housing and then provide the wraparound support they need to remain housed.

In Maryland, the VA Maryland Health Care System (VAMHCS) is the primary VA entity coordinating HUD-VASH services for the Baltimore metropolitan area and surrounding jurisdictions. VAMHCS operates facilities at the Baltimore VA Medical Center (10 North Greene Street, Baltimore, Maryland 21201), the Baltimore VA Clinic (209 W. Fayette Street, Baltimore), the Loch Raven VA Community Living Center, and multiple community-based outpatient clinics throughout the state.

The pathway into HUD-VASH begins with the VA, not the PHA. Veterans who believe they may be eligible should: contact the VA Maryland Health Care System and ask about the HUD-VASH program; contact the National Homeless Veteran Call Center at 1-877-424-3838, which connects homeless veterans with VA services including HUD-VASH; contact a VA community-based outpatient clinic in their county; or contact the Maryland Department of Veterans and Military Families (DVMF), which maintains a housing resource page and can provide referrals to VA services.

The VA screens veterans for HUD-VASH eligibility, determines who will receive a voucher allocation, and pairs the veteran with a case manager who will support them through the housing search and into stable tenancy. Once a veteran is referred to a PHA for a HUD-VASH voucher, the PHA applies its administrative criteria — including criminal history screening — before issuing the voucher.

Veterans with criminal records who are applying for HUD-VASH face the same federal mandatory denial criteria as other HCV applicants: mandatory denial for lifetime sex offender registrants and for individuals convicted of methamphetamine production on federally assisted housing premises under 24 C.F.R. § 982.553. Beyond these mandatory bars, each PHA applies its own permissive criminal history screening criteria in its Administrative Plan. HUD guidance and the VA’s own program philosophy strongly encourage PHAs to conduct individualized assessments of veterans with criminal records, recognizing the connection between military service, trauma, and post-service criminal history. Veterans in this situation should work closely with their VA case manager, who can advocate on their behalf during the PHA screening process.

Under the Maryland Fair Chance Housing Act (SB 937, effective October 1, 2026), private landlords accepting HUD-VASH vouchers who own five or more units are covered by the Act’s

criminal history screening restrictions. This provides an additional layer of protection for veterans with criminal records who are using HUD-VASH vouchers in the private rental market.

Maryland Department of Veterans and Military Families (DVMF)

The Maryland DVMF (veterans.maryland.gov) is the state agency responsible for coordinating veteran services and benefits. DVMF maintains a housing resources page that includes referrals to VA homeless programs, contact information for VA medical facilities in Maryland, and information about state-level veteran support programs. DVMF does not itself administer rental assistance but serves as an important navigator and connector for veterans who may be unaware of available federal and state programs.

Other VA Homeless Programs

Beyond HUD-VASH, the VA operates several additional programs relevant to Maryland veterans facing housing instability. The Health Care for Homeless Veterans (HCHV) program provides healthcare, outreach, and case management to homeless veterans. The Grant and Per Diem (GPD) program funds community-based organizations to provide transitional housing for homeless veterans. The Supportive Services for Veteran Families (SSVF) program provides rapid rehousing and homelessness prevention services to very low-income veteran families who are homeless or at risk of becoming homeless. SSVF is administered by community-based nonprofit organizations and can provide emergency rental assistance, security deposits, utility payments, and other direct financial support.

A note critical to veteran housing access: VA benefit eligibility, including eligibility for HUD-VASH, depends in part on the character of the veteran’s discharge from military service. An honorable discharge or general discharge under honorable conditions typically confers full VA benefit eligibility. Other-than-honorable (OTH) discharges are subject to a determination by the VA on a case-by-case basis, and some OTH veterans may be eligible for certain VA healthcare and homeless programs even without full benefit eligibility. Veterans with OTH discharges who have been denied VA services should consult with a Veterans Service Organization (VSO) or a legal aid organization with veteran experience for a discharge upgrade or VA benefits eligibility assessment.

This is informational only and not legal advice.

Federal Statutory and Regulatory Framework

HUD-VASH is authorized under 42 U.S.C. § 1437f(o)(19), which directs HUD to allocate Housing Choice Vouchers specifically for homeless veterans in conjunction with VA case management services. HUD-VASH vouchers are awarded to PHAs through an annual competitive allocation process. The PHAs then issue the vouchers to veterans referred to them by the VA, subject to the PHA’s Administrative Plan criteria.

HUD’s program guidance for HUD-VASH is contained in program notices including the annual HUD-VASH Notice of Funding Availability (NOFA) and program administration guidelines available through the HUD Exchange (hudexchange.info/programs/hud-vash). These documents provide operational guidance on veteran eligibility, referral processes, inspection standards, and case management requirements.

Under 24 C.F.R. § 982.553(b)(1)(ii), PHAs must deny HCV assistance — including HUD-VASH — to individuals subject to lifetime sex offender registration requirements. This mandatory bar applies regardless of the veteran’s service history, the nature of the underlying offense, or the length of time since the offense. There is no VA waiver of this federal requirement.

VA Healthcare Enrollment — Gateway to HUD-VASH

Enrollment in VA healthcare is a prerequisite for HUD-VASH eligibility. Veterans who are not yet enrolled in VA healthcare should contact the VA Maryland Health Care System enrollment office (410-605-7000) or access enrollment assistance through a Veterans Service Organization. VA healthcare enrollment is available to veterans with honorable or general under honorable conditions discharges who meet service requirements. Veterans with OTH discharges may be eligible for limited VA services depending on the circumstances; a VSO or legal advocate can assist with the eligibility determination.

SSVF — Rapid Rehousing for At-Risk Veteran Families

The Supportive Services for Veteran Families (SSVF) program (38 U.S.C. § 2011 et seq.) is administered by the VA through grants to nonprofit community organizations. SSVF grantees provide rapid rehousing and homelessness prevention services to very low-income veteran families. SSVF can provide emergency rental assistance, security deposit and utility payment assistance, transportation costs, and case management. Unlike HUD-VASH, SSVF is time-limited — it is designed as a bridge to housing stability, not a long-term rental subsidy. SSVF grantees operating in Maryland include multiple nonprofit organizations throughout the state; the current SSVF grantee list is available at the VA’s website.

Veterans with other-than-honorable discharges who were denied VA benefits or HUD-VASH eligibility on the basis of their discharge character should be advised of the discharge upgrade process. The appropriate military service board for each branch (Army Discharge Review Board, Navy Discharge Review Board, etc.) reviews applications for discharge upgrades. In addition,

the Board for Correction of Military Records of the relevant service branch can address records corrections. Veterans Legal Services organizations — including the National Veterans Legal Services Program and University of Maryland law school veteran clinics — provide assistance with discharge upgrade applications.

Maryland DVMF and State-Level Veteran Programs

The Maryland Department of Veterans and Military Families operates under the Annotated Code of Maryland and coordinates a range of veteran services. DVMF’s housing resources page (veterans.maryland.gov/benefits-services/housing) lists VA medical facilities in Maryland, state veteran benefit programs, and community resources. DVMF staff can provide referrals and navigation support for veterans who are uncertain which program to access first.

Fair Chance Housing Act — Veteran-Specific Application

Veterans who are HUD-VASH voucher holders and who also have criminal records now benefit from the Maryland Fair Chance Housing Act (SB 937, effective October 1, 2026) when renting from covered private landlords. The Act’s pre-offer ban on criminal history inquiry and its limitation of post-offer denial to specific recent felony convictions applies to covered landlords accepting HUD-VASH vouchers. VA case managers should understand this layer of protection and help veteran clients assert their rights under the Act when applicable.

Practitioner and Navigator Notes

Practitioners and housing navigators working with homeless veterans in Maryland should begin with VA healthcare enrollment as the gateway to HUD-VASH; assess all additional VA homeless programs (HCHV, SSVF, GPD) for immediate bridge support; verify the character of discharge and pursue upgrade proceedings if necessary; advocate for individualized criminal history assessment within PHA Administrative Plan frameworks; use the Maryland DVMF as a coordinating resource for state-level benefits; and leverage the Fair Chance Housing Act protections for veteran clients with criminal records applying to covered private landlords.

This is informational only and not legal advice.

42 U.S.C. § 1437f(o)(19) — HUD-VASH statutory authorization: hud.gov

38 U.S.C. § 2011 et seq. — SSVF authorization: va.gov

24 C.F.R. Part 982 — HCV and HUD-VASH program regulations: hud.gov

24 C.F.R. § 982.553 — Mandatory denial criteria (including lifetime sex offender bar): hud.gov

HUD Exchange — HUD-VASH Program Resources: hudexchange.info/programs/hud-vash

VA Homeless Programs — HUD-VASH: department.va.gov/homeless/hud-vash

VA Maryland Health Care System (VAMHCS): va.gov/maryland-health-care

Maryland Department of Veterans and Military Families (DVMF) — Housing: veterans.maryland.gov/benefits-services/housing

Maryland Fair Chance Housing Act (SB 937, Chapter 752, effective October 1, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Maryland HOME Act — Source of Income Protection: mccr.maryland.gov/media/108/download?inline

Maryland Fair Housing Law (State Government Article §§ 20-701 through 20-742), as strengthened by HB 573 (Chapter 751, 2026): mccr.maryland.gov

HUD-VASH vouchers are administered by PHAs alongside standard HCV administrative criteria. Veterans with criminal records face the same PHA screening requirements as other HCV applicants, including mandatory denial for lifetime sex offender registrants and PHA permissive denial criteria for other criminal history. VA case managers may advocate within PHA review processes on behalf of veterans. The Maryland Fair Chance Housing Act (effective October 1, 2026) applies to private landlords accepting HUD-VASH vouchers who own five or more units, providing pre-offer criminal history inquiry protection and limiting post-offer denial grounds. Source of income protection under the HOME Act prohibits landlords from refusing to accept HUD-VASH vouchers. Discharge characterization affects VA eligibility and may require discharge upgrade proceedings for some veterans.

Veterans Housing Resources

VA Maryland Health Care System — HUD-VASH Program Baltimore and statewide VA facilities Phone: 410-605-7000 (enrollment); 1-877-424-3838 (National Homeless Veteran Call Center) Website: va.gov/maryland-health-care What it helps with: HUD-VASH enrollment, VA healthcare enrollment, case management, homeless veteran outreach, and referral to VA housing programs.

Maryland Department of Veterans and Military Families (DVMF) Statewide Phone: 410-260-3838 Website: veterans.maryland.gov/benefits-services/housing What it helps with: State-level veteran benefits coordination, housing resource referrals, and veteran service navigation.

VA Homeless Programs — HUD-VASH National Resource Federal / Statewide Phone: 1-877-424-3838 (National Homeless Veteran Call Center) Website: department.va.gov/homeless/hud-vash What it helps with: HUD-VASH program information, eligibility guidance, and connection to local VA homeless program coordinators.

HUD Exchange — HUD-VASH Program Information Federal / Statewide Phone: Not listed Website: hudexchange.info/programs/hud-vash What it helps with: HUD-VASH program administration resources, PHA guidance, and program updates.

Housing Authority of Baltimore City (HABC) Baltimore City Phone: 410-396-3232 Website: habc.org What it helps with: HCV and HUD-VASH voucher administration for Baltimore City veterans.

Rockville Housing Enterprises Montgomery County Phone: 301-424-6265 Website: rockvillehe.org/voucher-programs/voucher-clients/veterans-affairs-supportive-housing-vouchers- vash What it helps with: HUD-VASH voucher administration for Montgomery County veterans.

Maryland Legal Aid Statewide Phone: 410-539-5340 Website: mdlab.org What it helps with: Free civil legal services for income-eligible veterans, including HCV and HUD-VASH informal hearing representation, housing discrimination defense, and discharge-related legal issues.

Maryland Volunteer Lawyers Service (MVLS) Statewide Phone: 410-539-6800 Website: mvlslaw.org What it helps with: Free civil legal help including housing and veteran legal matters for income-eligible Marylanders.

Maryland Commission on Civil Rights (MCCR) Statewide Phone: 410-767-8600 Website: mccr.maryland.gov What it helps with: Fair housing complaints including source of income discrimination against HUD-VASH voucher holders and Fair Chance Housing Act violations.

Maryland DHCD Housing Counseling Program Statewide Phone: 410-514-7007 Website: dhcd.maryland.gov/Residents/Pages/HOPE/CounselorsList.aspx What it helps with: HUD-approved housing counselors for veteran rental navigation and housing stability support.

VA Homeless Programs — HUD-VASH: department.va.gov/homeless/hud-vash

HUD — HUD-VASH Program: hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

HUD Exchange — HUD-VASH: hudexchange.info/programs/hud-vash

VA Maryland Health Care System: va.gov/maryland-health-care

Maryland DVMF — Housing: veterans.maryland.gov/benefits-services/housing

Maryland DVMF — Baltimore VA Clinic Reference: veterans.maryland.gov/benefits-services/housing

Rockville Housing Enterprises — VASH Vouchers: rockvillehe.org/voucher-programs/voucher-clients/veterans-affairs-supportive-housing-vouchers- vash

Baltimore Times — HUD-VASH Resource for Homeless Veterans (January 2025): baltimoretimes-online.com/latest-news/2025/01/03/hud-vash-a-resource-for-homeless-veterans- their-families

FindHelp.org — Health Care for Homeless Veterans, Baltimore VA: findhelp.org

24 C.F.R. Part 982 — HCV Regulations including § 982.553: hud.gov

Maryland Fair Chance Housing Act (Chapter 752, SB 937, 2026): mgaleg.maryland.gov/2026RS/chapters_noln/Ch_752_sb0937E.pdf

Maryland HOME Act — Source of Income Protection: mccr.maryland.gov/media/108/download?inline

Maryland Legal Aid: mdlab.org

Maryland DHCD Housing Counseling PDF (June 2025): dhcd.maryland.gov/Residents/Documents/HousingCounselors.pdf

Representative Kweisi Mfume Baltimore Reentry and Veteran Resources: mfume.house.gov/services/resources-for-residents/re-entry-services

Maryland Housing Node Intelligence Atlas — 13 Rental Barrier Intelligence Stacks — Complete.

This is informational only and not legal advice.