Several new Maryland housing laws took effect October 1, bringing changes involving criminal background checks, housing subsidies, rental payment reporting and air conditioning requirements.
Among the most significant changes is the Maryland Fair Chance Housing Act, which establishes new rules for how certain landlords and housing providers can consider the criminal histories of prospective tenants.
The law applies to housing providers that own or manage five or more residential units in Maryland. It does not apply to owner-occupied residential rental units or housing providers that do not conduct criminal background checks.
Under the new law, a housing provider generally must make a conditional offer of housing before checking an applicant’s criminal history. There are limited circumstances in which applicants may be asked to disclose certain specified criminal convictions during the application process.
The law also limits which criminal convictions can be considered and how criminal history can be used when deciding whether to rent to an applicant.
If a conditional offer is withdrawn because of an applicant’s criminal history, the housing provider must provide a reason for the decision. The applicant can request a reassessment and submit additional documentation related to the conviction, with the housing provider required to consider specified factors before making a final decision.
Housing providers also cannot advertise that they will not consider applicants with criminal histories or require prospective tenants to undergo drug or alcohol testing.
Violations of the Fair Chance Housing Act can carry penalties of up to $500 per violation. The Maryland Department of Housing and Community Development is developing voluntary model forms to help housing providers comply with the new requirements, though use of those forms will not be mandatory.
Additional housing laws that took effect October 1 strengthen protections for renters who use income-based housing subsidies and require landlords to offer tenants an option to have on-time rental payments reported to credit reporting agencies.
Another new law establishes air-conditioning requirements for certain residential rental properties. According to Montgomery County, certain apartments in buildings containing 10 or more units must have air conditioning capable of maintaining an indoor temperature of 80 degrees or lower during the summer months.
The changes are part of a group of Maryland housing laws that took effect October 1, 2026.
