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(a) Whenever it appears that the holder of a license or franchise issued by any agency or authority of the state or county is a person found to be after proper hearing in violation of this division, the commission may take such action it deems advisable or desirable, notwithstanding any other action it may take or may have taken under the authority of this division, and may refer to the proper licensing agency or authority the facts and identities of all persons involved in that finding for such action as the agency or authority in its judgment considers appropriate based upon the facts thus disclosed to it.
(b) Nothing in this division shall be deemed to relieve any agency or authority of the state or county of its obligation to take immediate and independent action regarding a matter filed with it that also may be the subject of a complaint filed with the commission.
(c) If a complaint is filed against a person licensed by the state real estate commission and the Director finds that reasonable grounds exist to believe the law has been violated, the Director must promptly transmit a copy of the Director’s findings and the complaint to the real estate commission for such action as the commission considers appropriate. The Director must promptly forward to the real estate commission the final disposition of any complaint previously forwarded to the commission. (1968 L.M.C., Ex. Sess., ch. 19, § 1; 1977 L.M.C., ch. 30, §§ 7, 8; 1984 L.M.C., ch. 26, § 12; 2001 L.M.C., ch. 9, § 1; 2007 L.M.C, ch. 5, § 1.)
Editor’s note—2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Section 27-15, formerly § 27-16, was renumbered pursuant to 2001 L.M.C., ch. 9, § 1.
(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.
(3) A housing provider must retain for one year from the date of the rental application a copy of each applicant’s completed statement or addendum as required under Section 29-28(h)(2) that details the process under paragraph (1). Upon request, the addendum may be subject to inspection and review by the Director of the Office of Human Rights.
(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.
(m) Posting of disclosure notice - required.
(1) A housing provider must post a disclosure statement regarding an application for rental housing:
(A) on a website operated and controlled by the housing provider; and
(B) in an obvious and conspicuous place of a leasing office available for tenants.
(2) The disclosure statement under this subsection must read: “In accordance with Section 27-15A of the Montgomery County Code, a housing provider may not ask questions related to criminal arrest or a conviction before a conditional offer for rent is made to an applicant unless otherwise permitted by law.”
(n) Inspection of rental application. Each quarter during a calendar year, the Director must randomly conduct an inspection of completed rental applications submitted by an applicant to a landlord for any licensed rental building that has 10 or more units to ensure compliance with this Chapter. Failure of an owner to provide the dated and signed rental application with its contents for review may be considered a violation of this Chapter.
(o) Annual reporting. By October 1 of each year, the Director of Office of Human Rights, must coordinate with the Director of Department of Housing and Community Affairs, to provide an annual report to the County Council that includes disaggregated data on the following:
(1) the number of complaints received by the Office of Human Rights regarding the denial of a rental applications by a housing provider;
(2) the specific reason an application under paragraph (1) was denied;
(3) the number of complaints filed with the Office of Human Rights for failure to comply with this Section;
(4) the number of complaints filed under this Section compared to other types of discriminatory complaints received by the Office of Human Rights;
(5) summary findings of the inspections performed under subsection (n); and
(6) any other related data pertinent to this Act. (2021 L.M.C., ch. 9
, §1; 2024 L.M.C., ch. 12, § 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.
Subdivision B. Discrimination in Commercial Real Estate.
(a) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:
(1) refuse or refuse to negotiate to sell, lease, sublease, rent, assign, or otherwise transfer commercial real estate;
(2) represent that commercial real estate is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;
(3) deny or withhold commercial real estate from any person;
(4) include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of commercial real estate any clause, condition, or restriction discriminating against any person in the use or occupancy of the real estate; or
(5) discriminate in furnishing any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy.
(b) A lending institution must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:
(1) discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain commercial real estate; or
(2) discriminate in fixing the rates, terms, conditions, or provisions of financial assistance, or in extending service in connection with financial assistance.
(c) 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) publish or circulate, or cause to be published or circulated, any commercial real estate notice, statement, listing, or advertisement;
(2) announce a policy, or use any form of application for the purchase, lease, rental, or financing of commercial real estate; or
(3) make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any commercial real estate.
This subsection does not prohibit the use of a logo or other means of advertising that any commercial real estate is suitable or adapted to use by persons with a disability.
(d) A person must not:
(1) assist in, compel, or coerce any discriminatory practice prohibited by this subdivision,
(2) obstruct or prevent enforcement or compliance with this subdivision, or
(3) attempt directly or indirectly to commit any discriminatory practice.
(e) A person must not:
(1) induce or attempt to induce, by direct or indirect methods, any person to transfer commercial real estate by representations regarding the existing or potential proximity of real estate owned, used, or occupied by any person of any particular race, color, religious creed, ancestry, national origin, sex, marital status, disability, sexual orientation, gender identity, age, the presence of children, or family responsibilities;
(2) represent to any prospective purchaser or lessee that any commercial real estate in a particular area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious creed, ancestry, nationality, marital status, disability, presence of children, family responsibilities, sex, sexual orientation, gender identity, ethnic composition, or age of occupants of the area; or
(3) 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 commercial real estate that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age.
(f) A person must not retaliate against any 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.
(g) 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) deny any other person 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 commercial real estate; 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 commercial real estate. (1988 L.M.C., ch. 4, § 2; 2001 L.M.C., ch. 9, § 1; 2004 L.M.C., ch. 3, § 6; 2007 L.M.C., ch. 18, § 1.)
Editor’s note—Section 27-16 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).
Section 27-16, formerly § 27-16A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
(a) Section 27-16A does not apply to religious institutions or organizations or charitable or educational organizations operated, supervised, or controlled by religious institutions or organizations which give preference to members of the same religion in a real estate transaction, as long as membership in such religion is not restricted by race, color, sex, or national origin.
(b) In the case of age, the following is not an unlawful practice:
(1) Inquiring about a person's age to determine a pertinent element of credit-worthiness;
(2) Using empirically derived credit systems that consider age if such systems are based on statistically sound data;
(3) Offering credit life insurance or credit disability insurance, in conjunction with any mortgage loan, to a limited age group;
(4) Refusing to grant a mortgage loan to a person under the age of eighteen (18) years. (1988 L.M.C., ch. 4, § 2; 2001 L.M.C., ch. 9, § 1.)
Editor's note—Section 27-17, formerly § 27-16B, was renumbered pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-17, relating to declaration of policy under division 3, discrimination in employment, derived from 1974 L.M.C., ch. 9, § 1; 1977 L.M.C., ch. 30, § 9; 1978 L.M.C., ch. 6, § 7; 1984 L.M.C., ch. 26, § 13; 2000 L.M.C., ch. 36, § 3, was repealed by 2001 L.M.C., ch. 9, § 1.
(a) If the Director, with respect to a violation of this subdivision, (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an assurance of discontinuance or settlement agreement, or (3) finds that a complaint is not susceptible of conciliation, in addition to the authority provided in Section 27-7, the Director may (1) transmit the matter to the County Attorney for appropriate legal action, or (2) advise the complainant of the complainant's right to take appropriate legal action.
(b) Nothing in this subdivision prevents any person from exercising any right or seeking any remedy to which that person is otherwise entitled, or from filing any complaint with any other agency or court. If an action involving the same parties is pending before any other agency or court, the commission must advise the complainant to incorporate the allegations of the complaint in the previous action where appropriate. (1988 L.M.C., ch. 4, § 2; 2001 L.M.C., ch. 9, § 1; 2007 L.M.C, ch. 5, § 1.)
Editor’s note—Section 27-18 is cited in Magee v. Dansources Technical Services, Inc., 137 Md. App. 527, 769 A.2d 231 (2001).
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.
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Section 27-18, formerly § 27-16C, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-18, relating to definitions under division 3, discrimination in employment, derived from 1974 L.M.C., ch. 9, § 1; 1975 L.M.C., ch. 18, § 1; 1977 L.M.C., ch. 30, § 9; 1979 L.M.C., ch. 52, § 1; 1984 L.M.C., ch. 26, § 14; 2000 L.M.C., ch. 36, § 3, was repealed by 2001 L.M.C., ch. 9, § 1.
DIVISION 3. DISCRIMINATION IN EMPLOYMENT.
Editor's note—2000 L.M.C., ch. 36, §§ 1, 2, 4 and 5, read as follows:
Sec. 1. Short Title. This Act may be cited as the Genetic Information Employment Rights Act of 2000.
Sec. 2. Findings. The County Council finds that:
(a) Genetic status can be used as a proxy for otherwise illegal grounds for discrimination, such as discrimination based on religion, race, nationality, sex, or age, providing a loophole in employment protections previously guaranteed by County law.
(b) The threat of discrimination in employment based on the actual or perceived genetic status of an employee (including an applicant for employment) discourages genetic testing that could prevent or reduce disease or disabilities, provide peace of mind for individuals at risk for certain genetic conditions, and improve medical knowledge through genetic research.
(c) Montgomery County, as home to the Human Genome Project of the National Institutes of Health, the Food and Drug Administration, Celera Genomics, and other public and private institutions at the cutting edge of genetic research, is an international center for the discovery of genetic knowledge to improve public health and welfare that depends on clinical research volunteers who live and work in the County.
(d) Other than an Executive Order protecting federal employees, federal, state, and local employment laws generally have not kept pace with recent, rapid advances in genetic testing and therapies.
Sec. 4. Regulations. All County regulations in effect when this Act becomes law [March 21, 2001] continue in effect, except that any reference in a regulation to employment discrimination includes discrimination based on genetic status, as provided in this Act. Within 120 days after this Act becomes law [March 21, 2001], the County Executive and the Human Relations Commission must submit to the Council, for approval under method (2), any amendments to their respective regulations necessary to implement this Act.
Sec. 5. Public Education Program. The Human Relations Commission must, within 90 days after this Act becomes law [March 21, 2001], propose to the County Council and County Executive a public education program to inform employers, employees, genetic research and testing organizations, and the general public about County law regarding employment discrimination based on genetic information. In developing the proposed program, the Commission should consider the advice of employee and employer groups, genetics researchers, human rights organizations, and other interested individuals and organizations. This Section does not limit any authority or duty of the Commission under Chapter 27 of the County Code.
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