Many people assume that any discrimination by a landlord is illegal. That’s not always true. To “discriminate” simply means to make distinctions among available choices. Some distinctions are lawful; others are not.
Lawful Reasons for Refusal to Rent
A landlord may legally decide not to rent to someone based on legitimate, non-discriminatory factors, such as:
- A poor rental, credit, or employment history
- Insufficient income to pay rent
- A history of property damage or other irresponsible behavior as a tenant
These are all lawful reasons for distinguishing among rental applicants and selecting tenants likely to be reliable.
Unlawful Discrimination
Unlawful housing discrimination occurs when a landlord refuses to rent (or treats an applicant differently) because of that person’s membership in a protected class—not because of legitimate rental criteria.
Federal Law
Under the federal Fair Housing Act, it is illegal to discriminate in housing based on the following “protected classes”:
- Race
- Color
- Religion
- Sex
- National origin
- Disability (physical or mental)
- Familial status (including households with minor children or pregnancy)
What Counts as Discrimination
Federal law defines “discrimination” to include:
- Refusing to rent or sell housing
- Setting different terms, conditions, or privileges for sale or rental
- Falsely stating that housing is unavailable
- Publishing advertisements that indicate a discriminatory preference
If a landlord or rental agent refuses to rent to you—or lies about availability—because of your race, religion, national origin, or another protected characteristic, this may constitute illegal housing discrimination.
Examples of Illegal Practices
Unlawful discrimination often occurs in subtle ways, such as:
- Racial steering: Being told that no units are available in one building and being “steered” to another, based on race or ethnicity.
- Discrimination against families with children: For example, if a complex requires all families with children to live only on the first floor or in a separate building. Or, the complex enforces a rule like “no more than one child per bedroom,” those policies may violate federal law.
Protections for People with Disabilities
The Fair Housing Act includes additional protections for people with disabilities:
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Reasonable Accommodations
Landlords must make reasonable accommodations—changes to rules, policies, or services—when needed to allow a person with a disability to use and enjoy their home.
Examples include:
- Allowing a service animal despite a “no pets” policy
- Reserving a designated parking space for a tenant with mobility limitations
These accommodations are made at the landlord’s expense, unless they would cause undue financial or administrative hardship. The kinds of reasonable accommodations which may be requested depend on individual need and are limited only by the “reasonableness” of the request. Whether an accommodation would involve the expenditure of a large amount of money or cause undue inconvenience for other tenants are the kinds of things that would determine the “reasonableness” of a particular request.
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Reasonable Modifications
Tenants with disabilities may also make reasonable modifications to the premises (at their own expense), such as:
- Widening doorways for wheelchair access
- Lowering kitchen cabinets
- Installing grab bars in bathrooms
- Building ramps for access
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Accessibility Requirements for New Housing
Apartment and condominium buildings constructed for first occupancy after March 13, 1991, must be designed to be accessible to people with disabilities.
- If there is no elevator, all ground-floor units must be accessible.
- If there is an elevator, all units must be accessible.
- Common areas, entrances, doorways, controls, kitchens, and bathrooms must also be accessible and usable.
Read the Law: The Fair Housing Act of 1968
Enforcement
The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. HUD can investigate complaints, mediate disputes, issue charges of discrimination, and refer cases to the Department of Justice for enforcement.
To learn more or file a complaint, visit HUD’s Fair Housing and Equal Opportunity Office.
Maryland Fair Housing Law
Maryland Fair Housing Law is considered “substantially equivalent” to federal law. However, Maryland law expands protections to include additional protected classes. Under Maryland law it is illegal to discriminate in housing based on the following “protected classes”:
- Race
- Color
- Religion
- Sex
- Familial status
- National origin
- Marital status
- Sexual orientation
- Gender identity
- Disability
- Source of income
Read the Law: MD Code State Govt. § 20-702
Maryland’s Expanded Protections
Maryland offers greater protection than federal law in the following ways:
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Additional Protected Classes
Maryland law prohibits discrimination based on marital status, sexual orientation, and gender identity.
- Marital status means being single, married, separated, divorced, or widowed.
- Gender identity refers to a person’s gender-related identity, appearance, expression, or behavior, regardless of sex assigned at birth.
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Local Fair Housing Laws
Counties and municipalities may adopt local fair housing laws that offer equal or greater protections than state law. The laws of various local jurisdictions may provide protection for other groups, such as sexual orientation, age, source of income and occupation. For example, Baltimore City prohibits discrimination based on age (18 years old or older).
NOTE: Maryland law includes a narrow exemption for small, owner-occupied dwellings. Owners who live in one unit of a multi-unit dwelling may refuse to rent based on sex, sexual orientation, gender identity, or marital status, but not based on race, color, religion, familial status, national origin, or disability.
Read the Law: MD Code State Govt. §§ 20-101, 20-704, 20–705
Enforcement in Maryland
The Maryland Commission on Civil Rights (MCCR) enforces Maryland’s fair housing laws. The Commission:
- Investigates complaints
- Conducts hearings and mediations
- Issues orders and awards damages or penalties
- May seek court enforcement of its decisions
For information about filing a complaint, visit the Maryland Commission on Civil Rights website.