(a) Definitions. As used in this Section:
Applicant means a person who applies to lease or rent housing in the County. Applicant includes any person who resides or will reside with a person who applies to lease or rent housing in the County.
Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
Conditional offer means an offer of housing conditioned solely on:
(1) the results of an inquiry into the applicant’s criminal record; or
(2) another contingency expressly communicated to the applicant at the time of the offer.
Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.
Criminal record report means a record of a person’s arrest and conviction history obtained from any source.
Housing provider means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity offering to sell, rent, or provide housing in the County. Housing provider includes the County government, but does not include the United States, any State, or any other local government. Housing provider does not include a lessor of property under Section 27-14(a) or a lessor of an accessory dwelling unit.
Inquiry or inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Inquiry or inquire does not include a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question.
Pending criminal accusation means an existing written accusation that an individual has committed a crime, in the form of an indictment or information under the Criminal Procedure Article of the Maryland Code.
(b) Transparency of criminal history and credit requirements in rental applications.
(1) A housing provider must disclose in any rental application:
(A) the processes the provider uses to inquire into the criminal history and credit history of an applicant; and
(B) requirements of the provider regarding an applicant’s credit history and criminal record report.
(2) The housing provider must not alter the processes and requirements under paragraph (1) for an applicant whose application is pending.
(c) Criminal records inquiry on application. A housing provider must not require an applicant to disclose on a rental application the existence or details of the applicant’s arrest record or conviction record.
(d) Preliminary inquiry into criminal record. A housing provider must not, at any time before the extension of a conditional offer to the applicant:
(1) require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;
(2) conduct a criminal record check regarding the applicant; or
(3) inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.
(e) Prohibition against inquiry into certain criminal records. A housing provider must not at any time require an applicant to disclose, conduct a criminal record check solely to determine, or otherwise inquire of the applicant or others, whether:
(1) the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or
(2) the applicant has an arrest record or a conviction record for, or otherwise has been accused of:
(A) trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code;
(B) theft as a misdemeanor under § 7-104 of the Criminal Law Article of the Maryland Code;
(C) a refusal or failure to leave public buildings or grounds under § 6-409 of the Criminal Article of the Maryland Code;
(D) indecent exposure under § 11-107 of the Criminal Article of the Maryland Code;
(E) public urination under § 32-17-A of this Code;
(F) an open container violation under § 10-125 of the Criminal Law Article of the Maryland Code;
(G) possession of marijuana as a misdemeanor or civil violation under Title 5 of the Criminal Article of the Maryland Code;
(H) a first conviction of disturbance of the peace or disorderly conduct under § 10-201 of the Criminal Law Article of the Maryland Code;
(I) a vehicle law violation under the Transportation Article of the Maryland Code;
(J) except as provided in subsection (g), a conviction of a misdemeanor if at least 2 years have passed since:
(i) the date of the conviction; and
(ii) the date that any period of incarceration for the misdemeanor ended; or
(K) a matter for which records:
(i) are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or
(ii) have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.
(f) Consideration of Certain Records Prohibited. Except as provided in subsection (g), a housing provider must not base a rental decision upon any item in an arrest record or a conviction record described under subsection (e).
(g) Consideration of Sex Crimes Permitted. A landlord may:
(1) inquire into a pending criminal accusation or a conviction record for:
(A) a crime of a sexual nature under Title 3 of the Criminal Law Article of the Maryland Code; or
(B) a violation of Sections 11-102, 11-103, 11-104, 11-305, or of Title 11, Subtitle 3, of the Criminal Law Article of the Maryland Code;
(2) inquire into an applicant’s presence on a sex offender registry; and
(3) base a rental decision upon a pending criminal accusation or a conviction record under paragraph (1) of this subsection, or upon an applicant’s presence on a sex offender registry.
(h) Rescission of a conditional offer based on criminal record.
(1) If a housing provider intends to rescind a conditional offer based on an item or items in the applicant’s criminal record report, before rescinding the conditional offer the provider must:
(A) provide the applicant with a copy of any criminal record report;
(B) notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and
(C) delay rescinding the conditional offer for 7 days to permit the applicant to give the housing provider notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.
(2) If a housing provider decides to rescind a conditional offer based upon the criminal record report of an applicant, the provider must notify the applicant of the rescission of the conditional offer in writing.
(i) Retaliation. A housing provider must not:
(1) retaliate against any person for:
(A) lawfully opposing any violation of this Section; or
(B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Section; or
(2) obstruct or prevent enforcement or compliance with this Section.
(j) A person aggrieved by an alleged violation of this Section may file a complaint with the Director of the Officer of Human Rights under Section 27-7.
(k) The County Executive:
(1) may adopt Method (2) regulations to implement the provisions of this Section; and
(2) must endeavor to inform prospective applicants and housing providers of their rights and responsibilities under this Section.
(l) Exemption. The prohibitions and requirements of this Section do not apply if the inquiries prohibited by this Article are expressly required by an applicable federal or State law or regulation. (2021 L.M.C., ch. 9, §1.)
Editor’s note—2021 L.M.C., ch. 9, § 2, states: Sec. 2. Short Title. This Act may be referred to as the Housing Justice Act.