MarylandSB 09372026 Regular SessionSenate

Landlord and Tenant - Residential Leases - Prospective Tenant Criminal History Records Check (Maryland Fair Chance Housing Act)

Sponsored By: Shaneka Henson (Democratic)

Signed by Governor

Real PropertyCommercial Law - Consumer ProtectionAbductionAdvertisingAge -see also- Age of Maj; Children; Elderly; Inf&Tod.; etcAppeals -see also- Judicial ReviewApplicants and ApplicationsArsonAssaultAttorney GeneralBurglaryChildren (4-12)Civil OffensesCommittees and CommissionsComplaintsControlled Dangerous Substances -see also- Drugs; OpioidsCounties -see also- Chartered Counties; Code Counties; etc.Crimes and Punishments -see also- Penalties and Sentnc; etc.Criminal Background InvestigationsData -see also- Census; DemographicsDemographics -see also- Census; DataDisclosureDiscriminationElectronic GovernmentEvidenceEx-OffendersFederal GovernmentFees -see also- Attys' Fees; Devt Fees & TaxesFines -see also- Penalties and SentencesFormsFraud -see also- ForgeryGender -see also- WomenHousing and Community Development, Department ofHousing -see also- Apartments; Condos; Mobile & Manuf HomesHuman TraffickingInternet -see also- Internet AccessInterstate AffairsLandlords and TenantsLaws and Ordinances -see also- Pub Local Laws; Uniform LawsLeases and RentMurder -see also- Homicide; ManslalughterNoticesOpen GovernmentPenalties and Sentences -see also- Death PenaltyPerjuryPornography -see also- Nudity and Sexual Displays; ObscenityPrivacyRacial Matters -see also- Ethnic Affairs; MinoritiesRecords -see also- Land Records; Vital RecordsRegistration -see also- Motor Vehicle RegistrationResidential Property -see also- Apartments; CondominiumsRules and RegulationsSafety -see also- Occupational SafetySexual OffensesStandards and Best PracticesStudies -see also- Commitees & Commissions; ReportsTimeTransfer of Goods -see also- Goods&Svc; Leas&Rnt; RetailSaleUnfair Trade Practices

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3 provisions identified: 2 benefits, 0 costs, 1 mixed.

New fair chance screening for renters

Beginning October 1, 2026, covered landlords cannot ask about your criminal history before a conditional offer. They may screen early only for very serious crimes listed in the law, like murder, certain sex offenses, child pornography, human trafficking, meth making on federally assisted property, or lifetime sex‑offender registration, including out‑of‑state equivalents. If they run a criminal check, they must run it for every applicant. They cannot require drug or alcohol tests or ask you to release substance‑use treatment records. Before taking an application fee, they must give you a written notice explaining how criminal history may be used and your right to submit evidence. Ads cannot say “no arrests or convictions,” and your records cannot be shared for unrelated uses. Criminal‑history checks in tenant screening reports are limited to the past 3 years.

Your rights after a rental offer

Beginning October 1, 2026, after a conditional offer, covered landlords may consider only certain convictions within 5 years or other listed crimes to withdraw the offer. They may withdraw only to meet a substantial, legitimate, nondiscriminatory interest and must give you written reasons. You can ask for copies of all records they used within 30 days; they must send them within 10 days. You can request a reassessment and submit sworn evidence of errors, rehabilitation, or other mitigating facts. The landlord must weigh factors like the offense’s nature, your age at the time, time since, and safety impact. The state provides a model notice landlords can use to explain these rights.

Which landlords are covered and penalties

Beginning October 1, 2026, these rules apply to landlords that own or manage five or more rental units, including through entities. Owner‑occupied rentals are excluded. The housing department must adopt regulations to carry out the law. Violations can bring civil penalties up to $500 per violation. Landlords are immune from suits based only on renting to someone with a criminal record or not running a criminal check. This state law preempts comparable local laws, creating one statewide standard.

Sponsors & Cosponsors

Sponsor

Shaneka Henson
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 194 • No: 160

House vote • 4/13/2026

Floor Amendment {223521/1 (Delegate Schmidt) Rejected

Yes: 34 • No: 101 • Other: 5

House vote • 4/13/2026

Third Reading Passed with Amendments

Yes: 97 • No: 36 • Other: 7

Senate vote • 4/13/2026

Third Reading Passed

Yes: 31 • No: 13 • Other: 3

Senate vote • 3/23/2026