New Maryland Laws to Reshape Housing Landscape for Renters and Providers

Beginning October 1, 2026, a series of new laws enacted in Maryland will introduce significant changes for both housing providers and individuals seeking rental accommodations. These legislative updates, detailed in a public notice from the Maryland Department of Housing and Community Development (DHCD), aim to enhance fairness in tenant screening, bolster protections for those utilizing housing subsidies, and establish new standards for residential comfort. The legislation addresses criminal history evaluations for prospective tenants, provisions for renters receiving income-based housing assistance, the optional reporting of positive rental payment histories, and mandated air conditioning in certain rental units.

The Maryland Fair Chance Housing Act, specifically SB 937, will govern how housing providers, defined as those managing five or more residential units, can consider an applicant’s criminal background. This law outlines a specific process for requesting and evaluating criminal history information. Generally, housing providers must extend a conditional offer of housing before inquiring about an applicant’s criminal record. If a provider decides to withdraw a conditional offer based on criminal history, they are required to provide the reason for the denial and offer the applicant an opportunity to request a reassessment. During this reassessment, specific factors must be taken into account, and applicants may submit additional documentation. The law also clarifies that a housing provider’s decision not to check criminal history or to rent to individuals with past convictions cannot be the basis for a civil lawsuit against them. Furthermore, it prohibits advertising practices that exclude applicants based on criminal history and forbids requiring prospective tenants to undergo drug or alcohol testing. Violations of this act can result in penalties of up to $500 per offense. The DHCD is developing voluntary model forms to assist housing providers in adhering to these new requirements.

Another significant piece of legislation, SB 335/HB 315, addresses two key areas: protections for individuals who rely on income-based housing subsidies and the implementation of positive rental history reporting. For applicants using housing subsidies, landlords are generally prohibited from denying a rental based on the applicant’s income, credit score, or adverse credit history that occurred while they were not receiving subsidy assistance. However, housing providers can verify that an applicant has sufficient funds to cover the portion of rent not covered by the subsidy, and can still consider other standard rental qualifications such as references, lease violations, utility payment history, or property damage. In parallel, this law introduces an option for tenants to have their consistent and timely rent payments reported to consumer reporting agencies. For new leases starting October 1, 2026, this option must be included. For leases signed prior to this date, housing providers must offer the option by January 1, 2027, and at least annually thereafter. A fee of up to $10 per month, or the provider’s actual cost, may be charged for this service.

Finally, the Residential Rental Apartments – Air-Conditioning Requirement, SB 12, mandates that certain residential rental units in apartment buildings with at least 10 dwelling units must provide air conditioning. This requirement applies to units constructed after June 1, 2026, units that have had air conditioning installed since January 1, 2025, units where the lease stipulated air conditioning after January 1, 2025, and units undergoing renovations after October 1, 2026, that involve significant electrical or heating system upgrades. Properties listed on the National Register of Historic Places are exempt from this mandate. The law requires that by June 1 each year, air conditioning must be available to cool these units to 80 degrees Fahrenheit or lower, and if the housing provider controls the system, they must maintain this temperature between June 1 and September 30 annually.

Article by Mel Anara, based upon information from DHCD

Video Spotlight