What Maryland Renters Need to Know About Criminal History Screening

If you have a criminal record, renting a home in Maryland can feel overwhelming. Many renters wonder how much landlords are allowed to ask about criminal history—and what’s legal under Maryland law. This guide breaks down your rights, what landlords can and cannot ask, and where to get help if you believe you’ve faced unfair rental discrimination.

When Landlords May Ask About Criminal History in Maryland

In Maryland, landlords generally are allowed to ask potential tenants about their criminal history as part of tenant screening. However, fair housing laws protect renters against certain types of discrimination, and there are strict guidelines about how criminal background checks can be used. Maryland follows the federal Fair Housing Act, which prohibits discrimination based on race, national origin, color, religion, sex, familial status, and disability. Criminal history, by itself, is not a protected characteristic—but how landlords use this information can result in unlawful discrimination if it has a disparate impact on protected groups.^[1][2]

What Landlords Can and Cannot Ask

• Landlords can ask about convictions, but using arrest records alone to deny a rental is generally not allowed under HUD guidelines.
• Blanket policies that automatically deny applicants with any criminal record are discouraged and can be considered discriminatory under federal guidelines.
• Landlords must apply any criminal background checks equally to all applicants.
• Some local Maryland jurisdictions (like Baltimore City and Montgomery County) have extra “fair chance” protections for renters, so always check local law as well.

If you believe a landlord has unfairly denied your application based on your criminal history, you may have grounds for a discrimination complaint.

How to Protect Your Rights as a Renter

Understanding your rights is key. Maryland landlords must comply with both state and federal fair housing laws. The Maryland Consumer Protection Division oversees landlord-tenant matters, while local agencies may handle specific fair housing complaints.

Common Scenarios

• If denied housing, always ask the landlord for a written explanation.
• If a policy seems to target criminal history broadly (e.g., "no felonies ever"), this may violate fair housing standards set by HUD.

Relevant Official Forms and How to Use Them

• Maryland Commission on Civil Rights (MCCR) Housing Discrimination Complaint Form
  View and submit the Intake Questionnaire.
  When to use: File this form if you believe a landlord denied your rental application due to discrimination related to criminal history that disproportionately impacts a protected group. For example, if you were rejected after a background check and suspect the policy is unfairly broad, use this form to start the complaint process.
• HUD Housing Discrimination Complaint Form (Form 903)
  File a complaint with HUD online.
  When to use: If your concern applies to federal law or crosses states, you can file with HUD. For example, if a landlord denies you based only on arrests without convictions, this may warrant a HUD complaint.

What Is the Official Maryland Tribunal for Rental Disputes?

Maryland does not have a single housing tribunal. Rental disputes—including discriminatory practices—are usually handled by the Maryland Commission on Civil Rights (MCCR) for fair housing issues or local district courts for landlord-tenant disputes. Local jurisdictions, such as Montgomery County's Department of Housing and Community Affairs, may offer mediation or have their own boards for landlord-tenant issues.

Which Laws Protect Renters?

Maryland renters’ rights are protected under the Maryland Code, Real Property Title 8 and the Federal Fair Housing Act.^[1][2]

1. Can a landlord deny my application only because of my criminal record?
   While landlords may consider convictions, they cannot have a blanket "no criminal history" policy. Each case should be reviewed individually, and denial must be based on legitimate, non-discriminatory reasons.
2. Are landlords allowed to use arrest records in Maryland rental decisions?
   No. Just because you were arrested does not mean you were convicted. Landlords should not use arrest records alone to reject applicants. HUD guidance discourages this practice because it can lead to discrimination.
3. What can I do if I believe I was denied housing unfairly due to my criminal history?
   You can file a complaint with the Maryland Commission on Civil Rights or HUD using their official forms. Gather documentation and write down the reasons provided for your denial.
4. Does Maryland law offer more renter protections than federal law?
   Some Maryland counties and cities, such as Montgomery County and Baltimore City, have "fair chance" ordinances that limit when and how landlords can ask about criminal backgrounds. These may provide stronger protections than state or federal law.
5. Who reviews rental discrimination complaints in Maryland?
   The Maryland Commission on Civil Rights (MCCR) handles housing discrimination cases at the state level, while HUD handles complaints under federal law.

Key Takeaways for Maryland Renters

• Landlords in Maryland can ask about criminal history, but must follow fair housing rules.
• Blanket bans based on any criminal record are discouraged and may be illegal.
• If you believe you were discriminated against, you can file a complaint with MCCR or HUD.
• Check your local city or county laws; you may have additional rights where you live.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights – Fair Housing Resources and Complaint Portal
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing and Equal Opportunity
• Maryland Attorney General – Landlord Tenant Information
• Peoples Law Library of Maryland – Landlord and Tenant Rights

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1. HUD Guidance on Criminal Background Checks and Fair Housing
2. Maryland Code, Real Property Title 8

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