Md. Code Regs. 14.03.04.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.03.04.04 - Unlawful Practices Generally

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

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

(2) Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation;

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

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

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

(6) Deny a person access to, or membership or participation in, a multi-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, participation in such an organization or service, or facility because of race, color, religion, sex, disability, familial status, marital status, national origin, or sexual orientation; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Md. Code Regs. 14.03.04.04