What Is Source of Income Protection in Maryland?

Maryland is one of a growing number of states that prohibit landlords and real estate agents from refusing to rent to someone solely because of how they pay — including with a government-issued housing voucher. This is called source of income protection, and it is codified in Md. Code Ann., State Gov't § 20-705.

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed Maryland attorney for guidance on specific situations.

What counts as a “source of income”?

Under Maryland law, source of income includes any lawful source — wages, salary, self-employment, retirement benefits, disability payments, and government assistance programs. In housing, the most commonly implicated source is the Housing Choice Voucher Program (commonly called Section 8), administered by local housing authorities under HUD.

A landlord or agent cannot refuse to rent, refuse to negotiate, or set different terms for a tenant based solely on the fact that they hold a housing voucher.

What does this mean for listing descriptions?

The most direct violation is including language like:

"No Section 8"
"No housing vouchers"
"Vouchers not accepted"
"Private pay only"
"Must have verifiable employment income"

Any of these phrases in a Maryland rental listing is a direct violation of § 20-705 and can be reported to the Maryland Commission on Civil Rights (MCCR).

Can landlords still screen applicants?

Yes. Source of income protection does not mean landlords must accept every applicant — it means they cannot automatically reject someone because of how they pay. Landlords may still:

✓Require income verification (wages, benefits statements, etc.)
✓Apply the same income-to-rent ratio to all applicants consistently
✓Reject applicants for criminal history, prior evictions, or rental history — if applied equally
✓Require that the voucher covers the listed rent (subject to HCV program payment standards)

The key constraint: the screening criteria must be applied consistentlyto all applicants. A landlord who rejects a voucher holder for “insufficient income” while accepting a W-2 employee with the same effective income is likely still violating the law.

Is this only a Maryland rule?

The federal Fair Housing Act does not currently protect source of income as a class. However, many states and localities have enacted their own protections. In addition to Maryland statewide coverage, several Maryland counties and municipalities have additional local ordinances — check with your local housing authority or broker.

For agents operating across state lines, the rules differ. A Virginia listing has no source of income requirement under state law (though some Virginia localities do). Maryland agents must apply Maryland law to all Maryland properties regardless of the listing platform used.

What are the penalties?

Up to $50,000

MCCR administrative fine

Per violation

Uncapped

Civil lawsuit damages

Plus attorney fees

Suspension / revocation

License action (MREC)

Independent of civil case

What should a compliant rental listing say?

Simply omit any reference to vouchers, payment source, or income type in the listing description entirely. If you want to specify income requirements, state them in your application process — consistently and numerically (e.g., “gross income must be 2.5× monthly rent”) — not in the public listing.

Example compliant language: “Applicants subject to credit and background check. Income verification required.” — This does not exclude any source of income and applies equally to all applicants.

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Official sources

Links to primary legal sources and regulatory agencies.