Md. Code Regs. 14.03.04.05

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

Section 14.03.04.05 - Unlawful Practices Specifically

A. Discriminatory Advertisements, Statements, and Notices.

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Blockbusting.

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

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

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

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

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

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

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

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

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

Md. Code Regs. 14.03.04.05