(a) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1) refuse, or refuse to negotiate, to sell, broker, appraise, lease, sublease, rent, assign, or otherwise transfer the title, leasehold, or other interest in any housing;
(2) represent that housing is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;
(3) otherwise deny or withhold any housing from any person;
(4) include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of that housing; or
(5) discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person.
*(b) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age, discriminate in:
(1) lending or brokering money;
(2) guaranteeing, servicing, or purchasing loans;
(3) accepting a deed of trust or mortgage;
(4) making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;
(5) fixing the rates, terms, conditions, or provisions of any financial assistance; or
(6) extending any other service in connection with housing finance.
*Editor’s note—Section 27-12(b) was amended by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36- 04 “null and void” by order dated 11/30/06. Prior to 2005 L.M.C., ch. 29, Section 27-12(b) read as follows:
(b) A lending institution must not because of race, color, religious creed, ancestry, national origin, sex marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, or age, discriminate in:
(1) lending money;
(2) guaranteeing loans;
(3) accepting a deed of trust or mortgage;
(4) making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;
(5) fixing the rates, terms, conditions, or provisions of any financial assistance; or
(6) extending any other service in connection with housing finance.
*(c) Without limiting the general application of Subsection (b), a person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1) Engage in steering, which means:
(A) restricting or attempting to restrict a person’s choices because of factors other than a person’s income or credit level in connection with seeking, negotiating, buying, or renting a dwelling, including seeking a mortgage loan for a dwelling;
(B) discouraging a person from a particular mortgage loan with more favorable terms if the person may qualify for that particular mortgage loan;
(C) directing a person away from a housing or mortgage loan product, program, or service with more favorable terms if the person may qualify for that particular product, program, or service; or
(D) offering less favorable mortgage loan terms than would otherwise be offered;
(2) Make available a mortgage loan which:
(A) includes the financing of single premium credit life insurance;
(B) provides for excessive upfront points, excessive fees, or excessive prepayment penalties; or
(C) provides compensation paid directly or indirectly to a person from any source.
*Editor’s note—Section 27-12(c) was added by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). Former paragraph (c) of Sec. 17-12, and all subsequent lettered paragraphs of Sec. 17-12, were relettered alphabetically. However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36- 04 “null and void” by order dated 11/30/06.
(d) (1) A person must not:
(A) publish or circulate, or cause to be published or circulated, any housing notice, statement, listing, or advertisement;
(B) announce a policy, or use any form of application for the purchase, lease, rental, or financing of any housing; or
(C) make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any housing;
indicating that race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age could influence or affect any act described in subsections (a), (b), and (c).*
*Editor’s note—Section 27-12(c) was added by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36- 04 “null and void” by order dated 11/30/06.
(2) This subsection does not prohibit:
(A) use of a logo or other means of advertising that housing is suitable or adapted to use by persons with a disability; or
(B) keeping records or making reports required by federal, State, or County law.
(e) A person must not:
(1) assist in, compel, or coerce any discriminatory practice under this subdivision,
(2) obstruct or prevent enforcement or compliance with this subdivision, or
(3) attempt directly or indirectly to commit any discriminatory practice under this subdivision.
(f) A person must not:
(1) directly or indirectly induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, sex, color, religious creed, ancestry, national origin, disability, source of income, sexual orientation, gender identity, age, the presence of children, or family responsibilities.
(2) promote, induce, influence, or attempt to promote, induce, or influence by the use of postal cards, letters, circulars, telephone, visitation, or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer, or otherwise dispose of any housing having the effect of inciting neighborhood unrest or community tension in any street, block, neighborhood, or any other area by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing.
(3) make or cause another person to make a statement or in any other manner attempt to incite neighborhood unrest or community tension in any street, block, neighborhood, or any other area to obtain a listing of any housing for sale, rental, assignment, transfer, or other disposition by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing where the statement is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement.
(4) make any representation to any prospective purchaser or lessee that any housing in a particular block, neighborhood, or area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious, nationality, presence of children, family responsibilities, source of income, disability, sex, sexual orientation, gender identity, age, or ethnic composition.
(5) place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition.
(6) induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age in the area will or may result in:
(A) lower property values;
(B) increased criminal or antisocial behavior in the area; or
(C) a decline in quality of the schools serving the area.
(7) induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, sexual orientation, gender identity, presence of children, family responsibilities, source of income, or national origin in the area will or may result in a change in the racial, color, religious, age, nationality, or ethnic composition of the block, neighborhood, or area where the property is located.
(g) A person must not retaliate against a person for:
(1) lawfully opposing any discriminatory practice under this subdivision, or
(2) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision.
(h) A person, must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age deny any other person:
(1) access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing in the County, or
(2) discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing.
(i) A person must not discriminate against a person with a disability in the sale or rental of housing such as by:
(1) refusing to allow a person with a disability to make reasonable modifications to existing premises that the person does or would occupy, despite the person’s willingness and ability to pay for the modifications, and reasonably restore any interior modification upon vacating, if the modifications are necessary to provide full enjoyment of the premises; or
(2) refusing to make reasonable accommodations necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. (1968 L.M.C., Ex. Sess., ch. 19, § 1; 1977 L.M.C., ch. 30, § 6; 1978 L.M.C., ch. 6, § 5; 1984 L.M.C., ch. 26, § 10; 1988 L.M.C., ch. 4, § 1; CY 1991 L.M.C., ch. 3, § 1; 2001 L.M.C., ch. 9, § 1; 2004 L.M.C., ch. 3, § 4; 2005 L.M.C., ch. 29, § 2; 2007 L.M.C., ch. 18, § 1.)
Editor’s note—Section 27-12 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). Section 27-12 is quoted, cited, and interpreted in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007). Section 27-12 is cited in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007). The Court declined to interpret Montgomery County Code Section 27-12 in Glenmont Hill Associates v. Montgomery County, Maryland, 291 F. Supp.2d 394 (D. Md. 2003), because adequate avenues for relief existed.
See County Attorney Opinion dated 3/24/10 regarding housing discrimination based on marital status and the laws restricting the occupancy of a dwelling unit to a maximum number of people. See County Attorney Opinion dated 6/16/00 indicating that the Human Relations Commission does not have jurisdiction to investigate complaints of housing or public accommodation discrimination by inmates at the County detention center.