§ 3-5. Housing.
(a) In general.
It is an unlawful discriminatory housing practice, because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, source of income, or HIV or AIDS status, for any person having the right to sell, rent, lease, control, construct, or manage any dwelling constructed or to be constructed, or for any employee of such a person:
(1) to refuse to negotiate for the sale or rental or to refuse to sell or rent or otherwise deny to or withhold any dwelling from any person;
(2) to discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in the furnishing of facilities or services in connection therewith;
(3) to refuse to receive or transmit a bona fide offer to purchase, rent, or lease any dwelling from any person;
(4) to 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 any preference, limitation, or discrimination, or any intention to make any such preference, limitation, or discrimination;
(5) to represent to any person that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
(6) to discriminate in allowing or disallowing a person access to or membership or participation in any multiple-listing service, real estate broker’s organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership, or participation;
(7) to include in any transfer, sale, or rental of housing any restrictive covenant that discriminates;
(8) to honor or exercise, or attempt to honor or exercise any discriminatory covenant pertaining to housing;
(9) to refuse to consider 2 or more applicants’ incomes when they seek to buy or rent a dwelling or dwelling unit;
(10) to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt;
(11) to request or consider information about birth control practices in evaluating any prospective buyer or lessee of a dwelling;
(12) to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a mental or physical disability of:
(i) that buyer or renter;
(ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(iii) any person associated with that buyer or renter;
(13) to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a mental or physical disability of:
(i) that person;
(ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(iii) any person associated with that person; or
(14) to willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law.
(a-1) Source of income exception.
(1) Qualifying housing development defined.
In this subsection, “qualifying housing development” means a development consisting of 5 or more contiguous rental dwelling units in which 20% or more of the dwelling units are rented to persons whose source of income is derived in whole or in part from housing assistance certificates or vouchers issued under the United States Housing Act of 1937.
(2) Exception.
The prohibitions in subsection (a) of this section, as they relate to source of income, do not apply to a qualifying housing development in Baltimore City.
(3) Termination of subsection.
The exception in this subsection automatically expires on June 30, 2023, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, finds that the exception remains in the public interest, in which case this subsection may be extended for 4 more years.
(b) Persons with disabilities.
(1) For purposes of subsections (a)(12) and (a)(13), discrimination includes:
(i) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
(ii) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(iii) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that:
(A) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(B) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(C) all premises within such dwellings contain the following features of adaptive design:
1. an accessible route into and through the dwelling;
2. light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. reinforcements in bathroom walls to allow later installation of grab bars; and
4. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(2) As used in this subsection, the term “covered multifamily dwellings” means:
(i) buildings consisting of 4 or more units if such buildings have 1 or more elevators; and
(ii) ground floor units in other buildings consisting of 4 or more units.
(3) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(c) Unlawful insuring practices.
It is an unlawful insuring practice for any person to refuse to enter into or to discriminate in the terms, conditions, or privileges of a contract of insurance against hazards to a dwelling because of the race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, of any person owning, residing in, or residing in the vicinity of the dwelling.
(d) Unlawful financing practices.
It is an unlawful financial practice for any person:
(1) to discriminate against any person because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in connection with an application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling or for financial assistance secured by residential real estate, including but not limited to rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of related services;
(2) to use a form of application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling, or for financial assistance secured by residential real estate, or to make inquiry or keep a record in connection thereto which indicates, directly or indirectly, discrimination;
(3) to discriminate by refusing to give full recognition to the income of each applicant, the total income and expenses of all applicants who become or are prepared to become joint obligors for the purchase of a dwelling;
(4) to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt; or
(5) to discriminate in appraising the value of residential real property.
(e) Unlawful representations.
It is an unlawful practice for a person, for the purpose of inducing or discouraging a real estate transaction:
(1) to represent that a change has occurred or will or may occur with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located; or
(2) to represent that a change with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools.
(f) Restrictive covenants declared void.
(1) Any restrictive covenant, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void, and of no effect, and contrary to public policy, as well as contrary to the Constitution and the laws of the United States.
(2) Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant until the covenant has been deleted from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property.
(g) Exemptions — single-sex housing.
Nothing in this section shall be construed to bar any person from renting or advertising any dwelling for occupancy by a single sex, where the physical limitations or configuration of the housing facility, or considerations of personal privacy or personal safety, make it inappropriate for the facility to be occupied by persons of both sexes.
(h) Exemptions — housing for older persons.
(1) Nothing in this section regarding familial status or age shall apply to housing for older persons.
(2) As used in this section “housing for older persons” means housing:
(i) provided under any city, state, or federal program specifically designed and operated to assist elderly persons (as defined in the city, state, or federal program);
(ii) intended for, and occupied solely by, persons 62 years of age or older; or
(iii) intended and operated for occupancy by at least 1 person 55 years of age or older per unit.
(3) For housing to qualify as housing for older persons, the following conditions are required:
(i) the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
(ii) that at least 80% of the units are occupied by at least 1 person 55 years of age or older per unit; and
(iii) the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(4) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(i) persons residing in such housing as of the date of enactment of this ordinance who do not meet the age requirements of paragraph (2)(ii) or (iii) of this subsection, provided that new occupants of such housing meet the age requirements of paragraph (2)(ii) or (iii) of this subsection; or
(ii) unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of paragraph (2)(ii) or (iii) of this subsection.
(i) Exemptions — owner-occupied dwellings; religious institutions.
Nothing in this section shall apply:
(1) to the rental of a dwelling unit in a building which contains not more than 4 dwelling units, provided the owner resides in 1 of the units;
(2) to the rental of not more than 2 rooming units in a dwelling unit by any person if the person resides in the dwelling unit; or
(3) to a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association or society limits, or gives preference in the sale, lease, rental, assignment, or sublease of residential real property which it owns or operates for other than a commercial purpose, to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained; provided that membership in such religion is not restricted on account of race, color, or national origin.
(j) Exemptions — governmental occupancy limits.
Nothing in this section limits the applicability of local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(k) Exemptions — persons convicted of certain drug offenses.
Nothing in this section prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802) or a controlled dangerous substance as defined in § 277, Article 27 - Crimes and Punishments, Annotated Code of Maryland, 1987 Replacement Volume, as amended.
(Ord. 23-251 Section 1; Ord. 02-453; Ord. 90-423.)
