A recent ruling by the Supreme Court of Maryland is expected to improve housing access for thousands of low-income residents across the state. According to a press release from the Maryland Office of the Attorney General, the Court found that a common income-based policy used by landlords violated state fair housing laws by disproportionately excluding tenants who rely on government-issued housing vouchers.
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The case, Hare v. David S. Brown Enterprises, Ltd., centered on a landlord policy requiring tenants to earn at least two and a half times the monthly rent, even when a large portion of that rent would be paid directly to the landlord through a voucher program. The Court determined that this requirement had a discriminatory effect, effectively barring nearly 80% of voucher holders from qualifying—despite their ability to pay. Under Maryland’s HOME Act, discrimination based on source of income is illegal, and the Court affirmed that such policies undermine the intent of the law.
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The ruling follows the involvement of Maryland Attorney General Anthony G. Brown’s Civil Rights Division, which submitted an amicus brief supporting the rights of voucher recipients. The Court’s decision aligns with the brief’s position, confirming that landlords cannot apply financial criteria in a way that excludes voucher users, many of whom are seniors, people with disabilities, and families with children. More than 200,000 Marylanders rely on voucher programs, and the ruling is expected to remove widespread barriers that have long restricted where they can live.
The decision underscores the importance of the HOME Act, passed by the General Assembly to eliminate discriminatory housing practices. Residents who believe they’ve been subjected to similar income requirements or other discriminatory actions may now have stronger grounds to pursue claims through the Attorney General’s Civil Rights Division or the Maryland Commission on Civil Rights.
Article by multiple contributors, based upon information from the Maryland Office of the Attorney General press release
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