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Screening

Fair Chance Housing Act

The Fair Chance Housing Act is a Maryland law, effective October 1, 2026, that limits when and how a landlord may ask about and use an applicant's criminal history.

The Maryland Fair Chance Housing Act (SB 937) took effect on October 1, 2026, according to the state Department of Housing and Community Development. It covers how housing providers may consider a prospective tenant's criminal history. It does not apply to owner-occupied rental units or to providers who do not run criminal background checks.

In general, a housing provider must make a conditional offer of housing before checking an applicant's criminal history. Applicants must disclose certain specified convictions if asked. If a provider withdraws a conditional offer because of criminal history, it must give the reason and let the applicant ask for a reassessment, where the applicant may add documents.

The law also bars ads that say people with criminal histories will not be considered, and bars requiring drug or alcohol testing. Penalties can reach $500 per violation. Screening must still follow the Fair Housing Act and each step should be consistent for every applicant. See our tenant screening guide.

This page is general information, not legal advice. Laws change; check the linked official source or talk to a Maryland attorney.

Read nextTenant Screening in Maryland: What the Law Allows and How We Screen

Related terms

Sources

  1. Maryland DHCD: 2026 Maryland laws impacting housing providers will take effect Oct 1, 2026
  2. Maryland DHCD: 2026 Maryland laws impacting housing providers will take effect Oct 1, 2026
  3. Maryland DHCD: 2026 Maryland laws impacting housing providers will take effect Oct 1, 2026

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