Maryland HB 172: Home Act of 2017

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *hb0172*   
  
HOUSE BILL 172 
D5, N1   7lr1614 
HB 759/16 – ENV   CF 7lr2331 
By: Delegates Lafferty and McIntosh 
Introduced and read first time: January 19, 2017 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Home Act of 2017 2 
 
FOR the purpose of expanding the housing policy of the State to include providing for fair 3 
housing  to  all  citizens  regardless  of  source  of  income;  prohibiting  a  person  from 4 
refusing  to  sell  or  rent  a  dwelling  to  any  person  because  of  source  of  income; 5 
establishing certain qualifications and limitations on the general prohibition against 6 
discrimination  in  housing  based  on  source  of  income;  prohibiting  a  person  from 7 
discriminating against any person in the terms, conditions, or privileges of the sale 8 
or rental of a dwelling because of source of income; prohibiting a person from making, 9 
printing, or publishing certain types of materials with respect to the sale or rental of 10 
a  dwelling  that  indicate  a  preference,  limitation,  or  discrimination  on  the  basis  of 11 
source of income; prohibiting a person from falsely representing that a dwelling is 12 
not available for inspection, sale, or rental based on source of income; prohibiting a 13 
person  from inducing or attempting to induce, for  profit, a person to sell or rent a 14 
dwelling by making certain representations relating to the entry or prospective entry 15 
into the neighborhood of a person having a particular source of income; prohibiting 16 
a  person  whose  business  includes  engaging  in  residential  real  estate  transactions 17 
from discriminating against any person in making available a transaction, or in the 18 
terms or conditions of a transaction, because of source of income; prohibiting a person 19 
from  denying  a  person,  based  on  source  of  income,  access  to  or  membership  or 20 
participation in  a  service,  an  organization,  or  a  facility  relating  to  the  business  of 21 
selling or renting dwellings or from discriminating against a person in the terms or 22 
conditions  of  membership  or  participation;  prohibiting  a  person  from,  by  force  or 23 
threat  of  force, willfully  injuring,  intimidating,  or  interfering  with  any  person 24 
because  of  source  of  income  and  because  the  person  is  negotiating  for  the  sale  or 25 
rental  of  any  dwelling  or  participating  in  any  service  relating  to  the  business  of 26 
selling or renting dwellings; defining a certain term; providing that this Act does not 27 
limit  the  rights  or  remedies  that  are  otherwise  available  to  a  landlord  or  tenant 28 
under any other law; and generally relating to prohibitions against discrimination 29 
in housing based on source of income. 30 
 

2 HOUSE BILL 172  
 
 
BY repealing and reenacting, with amendments, 1 
 Article – State Government 2 
Section 20–701, 20–702, 20–704, 20–705, 20–707, and 20–1103 3 
 Annotated Code of Maryland 4 
 (2014 Replacement Volume and 2016 Supplement) 5 
 
Preamble 6 
 
 WHEREAS,   The   General Assembly   recognizes   that   equality,   fairness,   and 7 
opportunity  for  Maryland  residents  often  require  government  action  and  that  security, 8 
mobility, and economic opportunity are enhanced by the location of a person’s home; and 9 
 
 WHEREAS,  Discrimination  in  housing  based  on  a  person’s  source  of  income 10 
primarily affects persons that the General Assembly has already determined to need legal 11 
protection from discrimination such as families with children, people of color, and people 12 
with disabilities; and 13 
 
 WHEREAS, Twelve states, including California, Connecticut, Maine, 14 
Massachusetts, Minnesota, New Jersey, North Dakota, Oklahoma, Oregon, Utah, Vermont, 15 
and  Wisconsin,  the  District  of  Columbia,  and  more  than 50 localities  across  the  country 16 
have laws prohibiting discrimination based on a person’s source of income; and 17 
 
 WHEREAS, This Act will not prevent private landlords from considering relevant, 18 
nondiscriminatory factors in screening rental applicants, including an applicant’s ability to 19 
comply with lease terms and prior tenancy history; and 20 
 
 WHEREAS,  This  Act  seeks  to  deconcentrate  poverty  by  providing  additional 21 
opportunities for tenants utilizing public subsidies to live in neighborhoods other than the 22 
neighborhoods  in  which  those  individuals  are  currently  and  disproportionately  residing; 23 
now, therefore,  24 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 
That the Laws of Maryland read as follows: 26 
 
Article – State Government 27 
 
20–701. 28 
 
 (a) In this subtitle the following words have the meanings indicated. 29 
 
 (b) (1) “Disability” means: 30