Maryland Fair Housing Law: What Real Estate Agents Need to Know

Maryland fair housing law — codified primarily at Md. Code Ann., State Gov't § 20-701 through § 20-723 — builds on the federal Fair Housing Act (42 U.S.C. §§ 3601–3619) and extends protection to five additional classes that federal law does not cover. For Maryland real estate agents, both bodies of law apply simultaneously to every listing.

Disclaimer: This article is for educational purposes only and is not legal advice. Maryland fair housing law is enforced by the Maryland Commission on Civil Rights (MCCR). Consult a licensed Maryland attorney for guidance on specific situations.

Protected classes in Maryland

Maryland protects all seven federal FHA classes plus five state-level classes. Any listing language that indicates a preference, limitation, or refusal based on any of these characteristics is potentially unlawful.

Federal FHA — 42 U.S.C. § 3604

Race
Color
National Origin
Religion
Sex
Familial StatusHouseholds with children under 18
Disability / HandicapPhysical and mental disabilities

Maryland Only — § 20-705

Marital StatusSingle, married, divorced, widowed
Sexual Orientation
Gender Identity
Source of IncomeIncludes housing vouchers (Section 8)
Military StatusActive duty, veteran, or reserve

What does the law actually prohibit?

Section 20-705 prohibits any person from making, printing, or publishing any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on a protected class.

This applies to listing descriptions posted on the MLS, Zillow, Redfin, Realtor.com, or any other public-facing platform. It covers both intentional discrimination (stating a preference) and disparate impact (neutral-sounding language that has a discriminatory effect on a protected class).

Example of disparate impact:Stating “minimum credit score 680+” in a rental listing is not targeting any specific group by name, but credit score distributions in the U.S. are not uniform across racial and ethnic groups. This is why credit score minimums in listing text — rather than in an application — can constitute a disparate impact violation.

Does this apply to rentals, sales, or both?

Both. Maryland § 20-705 applies to the sale, lease, or rental of real property. The law makes no distinction between for-sale and for-rent listings. Every listing description an agent or landlord publishes is subject to the same standards.

Some protected classes are more commonly implicated in rental contexts (source of income, for example) while others appear more often in for-sale listings (familial status language like "family-friendly"). But all protected classes apply to all transaction types.

Who enforces Maryland fair housing law?

Complaints can be filed with multiple agencies simultaneously:

Maryland Commission on Civil Rights (MCCR)
State enforcement agency. Can investigate, mediate, and pursue administrative hearings. mccr.maryland.gov
U.S. Department of Housing and Urban Development (HUD)
Federal enforcement. Can impose civil money penalties of $20,000–$50,000+ depending on prior violations.
Maryland Real Estate Commission (MREC)
Can investigate license holders independently. Violations can result in suspension, revocation, or fine.
Private civil litigation
Aggrieved parties can sue in federal or state court. No cap on compensatory or punitive damages. Attorney fees may be awarded.

Key ways Maryland law differs from federal law

Topic	Federal FHA	Maryland
Source of income	Not protected	Protected — vouchers must be accepted
Marital status	Not protected	Protected
Sexual orientation	Protected via sex (post-2021 HUD guidance)	Explicitly protected by statute
Gender identity	Protected via sex (post-2021 HUD guidance)	Explicitly protected by statute
Military status	Not protected	Protected
Disparate impact standard	Recognized (Inclusive Communities, 2015)	Recognized

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Official sources

Links to primary legal sources and regulatory agencies.