Understanding tenant screening laws in Maryland is of utmost importance for both landlords and prospective tenants. These regulations, encompassing fair housing and discrimination laws, permitted tenant screenings, invasive and illegal screenings, as well as landlord-tenant communication and tenant rights, are significant markers in ensuring that both parties are aware of their rights, obligations, and the consequences of any potential violations. The knowledge of these guidelines helps in creating a harmonious and legally sound rental relationship, bolstered by constructive communication and respect for each other’s rightful claims.
Fair Housing and Discrimination Laws
Understanding the Fair Housing Act
In the domain of Maryland tenant screening laws, the federal Fair Housing Act plays a cardinal role in ensuring non-prejudiced tenant selection. This Act collectively expressed various forms of discrimination that are deemed illegal by federal law. Some of the primary illegal criteria include race, color, national origin, religion, sex, familial status, and disability. The Fair Housing Act was instituted to prevent discrimination and promote fairness and equality within the real estate industry, particularly in the residential sector.
Discrimination Based on Race, Color, and National Origin
Refusing to rent to a prospective tenant on account of their race, color, or national origin plainly contravenes the provisions of the Fair Housing Act. Landlords cannot use these factors as an excuse to rejecting a rental application or impose higher rents.
Religion and Gender Discrimination
Religion and gender also fall under the protective umbrella of the Fair Housing Act. Landlords cannot refuse tenancy based on an individual’s religion or force them to adhere to specific religious customs or beliefs. Similarly, an individual’s sex isn’t a permissible criterion for refusing a rental application.
Familial Status and Disability
Familial status, which includes the presence of children under 18, and disabled status are also safeguarded under this Act. The laws further necessitate that landlords should make reasonable accommodations for disabled tenants, such as allowing assistance animals.
Additional Discrimination Laws Specific to Maryland
While all states follow the federal Fair Housing Act, Maryland has additional discrimination laws that amplify the scope of anti-discrimination protocols related to tenant screening. In Maryland, the fair housing law also prohibits discrimination based on marital status, age, and sexual orientation.
Marital Status, Age, and Sexual Orientation Discrimination
For instance, landlords in Maryland cannot refuse to rent to an individual based on their marital status, be they single, married, divorced, or widowed. Age is also a factor that landlords in Maryland cannot use to deny someone housing, whether they are young adults just starting or seniors seeking a peaceful community for retirement. Similarly, Maryland law also prohibits discrimination based on sexual orientation, providing protection to all its residents regardless of their identified or perceived sexual orientation.
Comprehending and Implementing Maryland Tenant Screening Laws
For both landlords and prospective tenants, it is crucial to comprehend and appropriately implement Maryland tenant screening laws. Ensuring compliance with these laws, including both federal and state-specific legislations, can not only prevent potential legal issues but also promote an equal and diverse housing environment. Knowledge of these laws is vital in crafting a fair rental practice for all parties involved.
Permitted Tenant Screenings
Navigating Credit Checks in the State of Maryland
Under Maryland’s laws, landlords are allowed to perform credit assessments on potential tenants as a way to evaluate their capacity to punctually pay rent. Just because an applicant has a less than perfect credit score does not necessarily mean they are automatically disqualified, however, it might influence the landlord’s decision-making process.
Applicants displaying a history of delayed payments, unpaid debts, or bankruptcy declarations are usually considered a larger risk. As such, landlords may request a higher security deposit or a co-signer in these instances.
The laws in Maryland mandate landlords to secure written and signed consent from the applicant prior to conducting a credit check. There are several services available to carry out these checks, such as TransUnion, Equifax, or Experian.
Criminal Background Checks
Landlords in Maryland are also allowed to run criminal background checks on potential tenants. These checks can reveal both minor and serious offenses, including but not limited to misdemeanors, felonies, a history of violent crimes, sex offender registration, or drug-related offenses.
The results of a criminal background check can be used to determine if the applicant poses a potential threat to the property, to other tenants, or to the neighborhood.
Maryland law doesn’t explicitly state how far back a landlord can check a tenant’s criminal history, but generally, landlords look at the past seven years. Again, the consent of the applicant is needed before carrying out a criminal background check.
Investigating Prior Rental History
In Maryland, an integral part of tenant screening involves the investigation of a potential tenant’s past rental history, typically requiring contact with prior landlords or property managers.
This enables the landlord to ascertain if the prospective tenant has any record of late or missed payments, prior evictions, or if any damage was caused to previous rental units. Such findings could influence a landlord’s decision about renting to the applicant.
Yet, it’s essential to note that Maryland’s tenant laws also ensure tenants’ rights protection. Landlords are not allowed to discriminate based on race, color, religious beliefs, national origin, gender, disability, or familial status. Therefore, despite landlords’ capacity to carry out credit and criminal background checks, and rental history inspection, these methods must be applied uniformly to all tenants.
Invasive and Illegal Screenings
Prohibited Conduct in Tenant Screening
Landlords should be aware that Maryland Law regulates tenant screening activities stringently. Practicing caution against certain illegal and intrusive behaviors is a must. Landlords are strictly prohibited from carrying out activities such as breaching privacy laws, unauthorized access to property, and deploying unlawful discriminatory criteria within the screening process.
Violation of Privacy Laws
One of the paramount areas regulated by Maryland tenant screening laws is the tenant’s privacy. This includes unlawful surveillance or ‘bugging’. It’s illegal for a landlord to use any surreptitious listening devices, CCTV cameras, or any other form of surveillance in a tenant’s private living area without their explicit consent. Similarly, landlords have no right to install secret video surveillance or spyware that infringes on a tenant’s privacy.
Unlawful Property Access
Maryland law also protects citizens from unauthorized property access. Unless there’s an emergency, landlords must give tenants at least 24 hours’ notice before entering their rented premises. Tenants have the right to enjoy and control the rented property during the lease term without undue interference from landlords. Landlords who fail to respect this right by illegally accessing the property can face legal repercussions.
Maryland’s Fair Housing and Discrimination Laws
The State of Maryland employs strict regulations against unlawfully discriminatory practices during the tenant screening process. In accordance with the Fair Housing Act, landlords are not allowed to discriminate against prospective tenants based on their race, color, nationality, religion, gender, family status, or disability. Consequently, any questions concerning these protected classes cannot be raised during the screening process, nor can the responses influence the decision to accept or reject a rental application.
It goes without saying that landlords in Maryland are also not permitted to instigate different rental terms, conditions, or privileges for individuals belonging to these protected categories. Examples of this may include discriminatory advertising of rental property targeting specific demographics.
To conclude, it’s important to note that any violations of these rights by a landlord during the tenant screening process can result in considerable legal consequences, including being liable for actual and punitive damages incurred by the tenant, as well as attorney fees. Thereby, Maryland has taken serious measures to deter discriminatory and illegal screening practices.
Landlord-Tenant Communication
The Scope of Maryland’s Tenant Screening Laws
In Maryland, the tenant screening laws are both comprehensive and consistent. These laws have been developed to regulate the interaction between landlords and potential tenants effectively. A fundamental component of these regulations includes landlords seeking vital information about prospective tenants in order to ascertain their financial reliability and overall suitability. Throughout this process, landlords are obligated to adhere to precise legal parameters.
Denial Reasons Disclosure
The law in Maryland obligates landlords to communicate the reason for their rejection of a potential tenant’s application. If a landlord rejects a prospective tenant based on the contents of a tenant screening report, they must provide the tenant with a written notice of the reason for denial. This notice must also include the contact information of the company that provided the tenant report.
Request for Credit Report Result
In case a landlord denies placement due to the credit report’s result, the tenant has the right to request a copy of the said credit report. According to the Fair Credit Reporting Act (FCRA), landlords must provide denied tenants with an adverse action letter that includes specific information about the credit reporting agency, a statement about the FCRA rights, and a notice highlighting the tenant’s right to a free credit report from the particular reporting agency that provided it within 60 days.
Credit Check and Fees
In Maryland, landlords often use credit checks as a significant part of the screening process. Most landlords require potential tenants to pay a fee to cover the credit check’s cost. However, it’s essential to know that there’s a legal limit on tenant screening fees. Per Maryland law, the landlord can’t charge more than $25 unless the unit is in Montgomery County, where the maximum allowable tenant screening fee is $15. Landlords must also notify applicants that any tenant screening report fee paid over $25 will be returned or credited toward the first rent payment.
Designed to safeguard the rights of potential tenants and establish transparency in the tenant screening process, these guidelines are instrumental. It’s advised for both landlords and prospective renters to gain a working knowledge of these regulations for a clear and smooth rental process.
Tenant Rights and Remedies Against Unlawful Screenings
Maryland’s Tenant Rights
Protected under the Maryland Fair Housing Law, potential renters should experience equal housing opportunities regardless of aspects such as their race, religion, color, sex, national origin, marital status, familial status, sexual orientation, gender identity, or disability. In case a prospective tenant believes they’ve been treated discriminatively by a landlord during the screening phase, Maryland’s law allows them to seek legal recourse.
Recognizing Unlawful Screening Practices
Unlawful discriminatory practices by landlords in Maryland can range from refusing to rent or negotiate a rental, to setting different terms or conditions in the renting process based on a person’s status in one of the aforementioned protected classes. Instances of such discrimination might include; unjustified rejection of rental application, unfair rental terms or quoting different rental prices to different classes of people.
Filing a Complaint
In the event that a potential tenant believes they’ve been unlawfully screened or discriminated against by a Maryland landlord, they may file a complaint with the Maryland Commission on Civil Rights (MCCR). The complaint can be filed online, mailed, or delivered in person at the MCCR office. The complaint must include the name and address of the individual making the complaint (the complainant), the name and address of the person alleged to have committed the discriminatory practice (the respondent), a brief but precise description of the discriminatory act(s), and the signature of the complainant.
The Complaint Investigation Process
After the complaint is filed, it is officially recorded, and then a notice is sent to the respondent. The MCCR then performs an investigation to collect data related to the complaint. This investigation usually includes interviews with the parties involved and review of relevant documents.
Possible Legal Remedies
Legal remedies for discriminatory practices may include compensating the complainant for actual damages, injunctive relief (such as requiring the landlord to rent to the complainant), civil penalties, and, in some cases, punitive damages. These are determined on a case-by-case basis.
It is also illegal for a landlord to retaliate against a tenant for claiming their rights under the Maryland Fair Housing Law. If a landlord attempts to evict, harass or increase rent after a tenant has filed a complaint, the tenant can again report this instance to the MCCR.
Legal Assistance
In cases where tenants may need legal representation, they can reach out to non-profit organizations that provide free or low-cost legal aid, or hire a private attorney familiar with landlord-tenant law in Maryland. It is recommended to consult with a lawyer when dealing with complex issues of housing discrimination.
Important Note
Know that the Fair Housing Act not only applies to landlords, but also home sellers, real estate agents, and lending institutions. Therefore, you have far-reaching protection against housing discrimination in Maryland. The right to equality in housing is a universal one, and it’s imperative for everyone to understand these rights and how to safeguard them.
Being knowledgeable about Maryland’s tenant screening laws plays a pivotal role in enhancing the relationship between landlords and tenants. Failure to comply with such laws not only tarnishes the reputation of landlords or management companies but also exposes them to legal liabilities. On the other hand, tenants armed with this pertinent information can guard against any illegal screenings and discrimination, and can take appropriate action if their rights are infringed. Together, these insights create an informed rental community in Maryland, committed to best practices and above all, respect for the law.