Maryland Tenant Rights: Protection From Familial Status Discrimination

In Maryland, strong laws exist to protect renters from discrimination based on familial status. If you rent and are facing unfair treatment because you have children, are pregnant, or are forming a family, understanding your rights under state and federal law is essential. This guide covers what counts as familial status discrimination, how to recognize it, and exactly what Maryland renters can do to get help and enforce their rights.

What Is Familial Status Discrimination?

"Familial status" refers to whether there are children under 18 living in a household, or if a person is pregnant or in the process of securing legal custody of a child. Discrimination occurs if a landlord or property manager:

• Refuses to rent or deny a lease renewal because you have children or are pregnant
• Imposes different lease terms, higher rent, or restrictions on families with kids (such as unfair rules about noise or play areas)
• Steers families with children to certain units or buildings
• Uses advertising that discourages families from applying

Federal law protects familial status under the Fair Housing Act. Maryland law strengthens these protections, ensuring renters with families are given equal access to housing.^[1]

How Maryland Law Protects Renters

The Maryland Fair Housing Law makes it illegal for landlords to discriminate against tenants or applicants because of familial status. These laws apply to most types of rental housing. Properties with four or fewer units and where the owner lives onsite may be exempt, but most rental buildings must comply.

• Landlords cannot ask about or reject you because you're pregnant or planning to have children.
• They may not impose occupancy rules that unfairly keep families out (but reasonable limits for safety, based on square footage, may be allowed).
• Any policies or advertising that treat families with children differently are unlawful, except for certain senior living communities allowed by law.

Examples of Familial Status Discrimination

• A landlord posts a sign: "No children allowed." This is illegal discrimination.
• Renting to single adults only, or saying "ideal for adults" in advertising.
• Rejecting a rental application after learning the tenant is expecting a baby.
• Charging a "family surcharge" or requiring extra security deposits for families with children.

It can be useful to keep records of written communication and advertisements if you suspect discrimination has occurred.

Where and How to File a Discrimination Complaint in Maryland

If you believe you've experienced familial status discrimination, you can file a complaint with the Maryland Commission on Civil Rights (MCCR) or the federal U.S. Department of Housing and Urban Development (HUD).

Required Form: Housing Discrimination Complaint Form

• Form Name: Maryland Housing Discrimination Intake Questionnaire (PDF)
• When to Use: Complete this form if you have been denied housing, treated unfairly during a rental, or harassed because of familial status.
• How to Use: Fill out detailed information about your situation, including documentation. Submit via email or mail as listed on the form.
• Example for Renters: If your landlord will not accept your rental application because you have a child, you would complete and send in this form to open an official investigation.

You may also file directly with HUD's housing discrimination portal.

Who Handles These Complaints?

• Maryland Commission on Civil Rights (MCCR) – the main state agency for tenant discrimination complaints
• U.S. Department of Housing and Urban Development (HUD) – handles federal complaints

What Happens After You File?

After you file a discrimination complaint, MCCR or HUD will review the information, investigate, and may contact the landlord for a response. In some cases, there will be mediation or a hearing to resolve the case. If discrimination is found, you could receive compensation, the right to rent, or other remedies.

Relevant Maryland Tenancy Legislation

• Maryland Code, State Government § 20-704 – prohibits discrimination in housing on the basis of familial status^[1]
• Fair Housing Act, 42 U.S.C. § 3604 – federal protections^[2]

These laws ensure equal access to housing for families of all kinds. Landlords must comply or risk legal action.

FAQ: Maryland Renters and Familial Status Discrimination

1. Can a landlord in Maryland refuse to rent to me because I have children? No, this would be illegal discrimination against familial status under both Maryland and federal law.
2. What should I do if I think I was turned down for a rental because I’m pregnant? Document what happened, then submit the Maryland Housing Discrimination Intake Questionnaire to the MCCR as soon as possible.
3. Can a landlord charge higher rent or a separate deposit for families? No, it’s unlawful to impose extra charges or stricter rules on families with children.
4. Are there exceptions to these anti-discrimination laws? Certain owner-occupied smaller rental properties and designated senior housing may be exempt, but most rentals are covered.
5. How long do I have to file a familial status discrimination complaint in Maryland? You must file within one year of the last alleged discriminatory act for the best legal protection.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights (MCCR): Main state agency for housing discrimination information and complaints
• HUD - Maryland Fair Housing Resources: Federal support and guidance for renters
• Peoples Law Library of Maryland: Fair Housing Overview
• Maryland Attorney General - Landlord/Tenant Information

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1. Maryland Code, State Government § 20-704
2. Fair Housing Act (42 U.S.C. § 3601 et seq.)

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