Fair Housing Protected Classes in Maryland 2026
Federal Fair Housing Act baseline plus Maryland-specific additions under Md. Code, State Gov't § 20-705.
Source of Income, Section 8 / HCV Status in Maryland
Maryland is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.
All 12 Protected Classes in Maryland
Federal classes apply uniformly. The classes shaded green below are Maryland-specific additions under Md. Code, State Gov't § 20-705.
Recent Maryland Statutory Activity
HB 231 / HOME Act (2020) added SOI statewide effective Oct 1, 2020.
If you own rental property in Maryland, start with the rule that trips up the most owners: a landlord cannot refuse an applicant simply because they would pay rent with a Section 8 Housing Choice Voucher. Source of income is a protected class statewide, so "no vouchers" or "no Section 8" screening and ads are unlawful here. This is one of the sharpest state-to-state differences in fair housing, many states give voucher holders no protection at all, while Maryland protects them everywhere.
Fair housing in Maryland is governed by Md. Code, State Gov't § 20-705 and enforced by the Maryland Commission on Civil Rights. The state law layers several protected classes on top of the seven federal categories, and it reaches small landlords who may assume they only answer to federal rules. Knowing the full list before you write an ad or screen a tenant is the cheapest insurance you can buy.
The Maryland statute and who enforces it
Maryland's fair-housing protections live in Md. Code, State Gov't § 20-705, the state analog to the federal Fair Housing Act. It makes it unlawful to refuse to rent, set different terms, or steer applicants based on a protected characteristic. Enforcement runs through the Maryland Commission on Civil Rights, the state agency that takes complaints, investigates, and pursues remedies for tenants who believe they were turned away or treated differently because of who they are or how they pay.
For owners, the practical takeaway is that state law does more than the federal floor. A complaint can land with the state Commission even when no federal claim exists, and the added Maryland classes, not the federal seven, are where most local disputes start.
What Maryland adds beyond the federal seven
Federal law protects race, color, national origin, religion, sex, disability, and familial status. Maryland builds on that floor with five more protected classes that owners here must respect:
- Sexual orientation
- Gender identity
- Marital status
- Source of income (including Housing Choice Vouchers / Section 8, under the HOME Act)
- Military status
Note too that since 2021, HUD reads the federal ban on sex discrimination to include sexual orientation and gender identity after the Supreme Court's Bostock decision, so in Maryland those characteristics are covered by both the federal reading and explicit state law. Marital and military status give applicants further state-law footing that has no direct federal equivalent.
The recent change: the HOME Act and source of income
The biggest recent shift came with HB 231, the HOME Act of 2020, which added source of income as a protected class statewide effective October 1, 2020. Before that, voucher protection in Maryland was a patchwork of county and city ordinances. Now it is uniform across the state.
In plain terms: you may not advertise "no Section 8," decline to process a voucher applicant, or impose extra hurdles because rent will arrive partly from a Housing Choice Voucher, HOME funds, or another lawful income source. You can still apply legitimate, evenly enforced standards, income-to-rent ratios, references, and credit history, as long as you count the voucher as income and apply the same yardstick to every applicant.
Screening and advertising traps for small landlords
Most Maryland violations are not hostility, they are habits. The classic trap is a listing that says "no vouchers" or quotes an income minimum that ignores the voucher and effectively screens out Section 8 households; both can draw a complaint. Another is applying a flat income multiple of the full rent to a voucher tenant who is only responsible for a small tenant portion.
Treat every protected class as off-limits in both your ad copy and your conversations with applicants, including casual remarks about marital status, a same-sex couple, or a service member's deployment. With average rent in Maryland around $1,615, a single rejected applicant who files with the Commission can cost far more in time and exposure than the unit ever earned. Write neutral ads, document objective screening criteria, and apply them identically to everyone.
The Cost of a Fair-Housing Violation
City-Level Eviction Risk in Maryland
Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
- Maryland fair-housing statute: Md. Code, State Gov't § 20-705.
- Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for Maryland.
- Recent statutory activity: HB 231 / HOME Act (2020) added SOI statewide effective Oct 1, 2020.
Related Guides for Maryland Landlords
This guide summarizes Maryland fair-housing rules under Md. Code, State Gov't § 20-705, enforced by the Maryland Commission on Civil Rights, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is informational and not legal advice; consult a Maryland attorney or the Commission for guidance on a specific situation. Last reviewed June 2026.
Frequently Asked Questions
Can a landlord refuse Section 8 in Maryland?
No. Source of income is a protected class statewide under the HOME Act (HB 231), effective October 1, 2020. A landlord cannot refuse an applicant, advertise "no Section 8," or impose extra requirements just because rent would be paid with a Housing Choice Voucher. You may still apply consistent, lawful screening standards as long as you count the voucher as income and treat every applicant the same.
How many protected classes does Maryland have?
Maryland recognizes the seven federal classes, race, color, national origin, religion, sex, disability, and familial status, plus five added by state law: sexual orientation, gender identity, marital status, source of income (including Housing Choice Vouchers under the HOME Act), and military status. That is twelve categories in total under Md. Code, State Gov't § 20-705.
Are sexual orientation and gender identity protected in Maryland housing?
Yes. Both sexual orientation and gender identity are explicitly protected under Maryland's fair-housing law. They are also covered federally, because since 2021 HUD has read the Fair Housing Act's ban on sex discrimination to include sexual orientation and gender identity following the Supreme Court's Bostock decision. In Maryland an applicant has grounds under both state and federal law.
How is fair housing enforced in Maryland, and what are the penalties?
Complaints are handled by the Maryland Commission on Civil Rights, which investigates alleged violations of Md. Code, State Gov't § 20-705 and pursues remedies. A matter can also proceed under the federal Fair Housing Act, which carries federal civil penalties in addition to damages and other relief. The cleanest protection is prevention: neutral advertising and uniformly applied screening criteria.
Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: Md. Code, State Gov't § 20-705. Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Maryland attorney before making a screening, denial, or eviction decision.