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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.
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