A guide to the Maryland Fair Housing Act

What is the Maryland Fair Housing Act?

The Maryland Fair Housing Act is a state law that prohibits housing discrimination based on protected classes such as race, color, religion, sex, national origin, disability, and familial status. It mirrors the federal Fair Housing Act, but Maryland applies the rules through its own enforcement agency, the Maryland Commission on Civil Rights (MCCR). The law applies to property owners, landlords, real estate agents, and homeowners associations (HOAs), meaning community rules and decisions cannot exclude or disadvantage individuals based on those protected characteristics.

The scope of the Maryland Fair Housing Act is broad, reaching nearly every stage of the housing process. From advertising and application screening to enforcement of community policies, the law touches multiple points of interaction between housing providers and residents. This is why boards and managers are advised to consider the Act in any decision that affects residents’ access to, or use of, their homes.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Understanding its purpose

The purpose of the Maryland Fair Housing Act is to provide equal access to housing and community living opportunities. At its core, the law prevents unfair treatment in the sale, rental, or occupancy of housing and requires associations and landlords to apply rules in a consistent, nondiscriminatory way. Unenforceable community rules that unfairly target certain groups can expose the association to liability. The statute also helps communities maintain compliance with federal requirements, reducing the risk of complaints, penalties, or litigation.
 

Compliance for property managers

Property managers comply with the Maryland Fair Housing Act by applying rules equally, offering reasonable accommodations when required, and reviewing governing documents for potential conflicts with state law. Because property managers in Maryland are often the first point of contact for residents, they play a critical role in identifying practices that could be seen as discriminatory.

Compliance may include:

• Treating all applicants and residents consistently in sales and leasing
   
• Allowing reasonable accommodations or modifications for those with disabilities when required by law
   
• Applying community rules fairly across all residents
   
• Documenting communications and decisions to demonstrate that all actions are consistent with fair housing standards
   
• Providing regular fair housing training for staff and volunteers so they can apply the law consistently across situations

Many management companies provide training for board members and staff so they understand their obligations under the Maryland Fair Housing Act. This proactive approach reduces the risk of HOA complaints and helps maintain community trust. In practice, compliance often comes down to day-to-day interactions. For instance, responding promptly and consistently to maintenance requests and communicating rule changes in writing to all residents are straightforward steps that may help reinforce compliance. These seemingly small actions, when performed consistently, can strengthen a community’s defense against claims of selective treatment or discrimination.
 

Enforcement and complaint process

The Maryland Fair Housing Act is generally enforced by the MCCR, which investigates complaints and, when necessary, takes enforcement action. The process generally involves:

• Filing a written complaint describing the alleged discrimination
   
• An investigation by the MCCR, which may include interviews, document reviews, or onsite visits
   
• Attempts at resolution through mediation or settlement
   
• Potential referral to administrative hearings or court proceedings if the issue can’t be resolved informally

Because the complaint process can involve legal findings and potential financial penalties, both boards and property managers benefit from seeking professional legal advice when questions arise about fair housing compliance.
 

How the Maryland Fair Housing Act interacts with federal fair housing rules

The Maryland Fair Housing Act builds on the federal Fair Housing Act, and together they set the standards for housing providers, including community associations. The federal law, overseen by the U.S. Department of Housing and Urban Development (HUD), applies nationwide, while Maryland’s version is enforced by the MCCR. Boards must comply with both, but Maryland’s statute adds several state-level specifics that are important to understand.

One distinction is that Maryland explicitly extends protection to additional categories beyond the federal baseline. While the federal law prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status, the Maryland Fair Housing Act also covers marital status, sexual orientation, gender identity, source of income, and military status. Another practical difference is enforcement access. HUD investigates violations under federal law, but the MCCR serves as Maryland’s first line of review. For boards, that means complaints are often handled at the state level.

The practical takeaway is that compliance is not optional at either level. HUD focuses on broad federal standards and guidance, while the MCCR has jurisdiction to investigate and enforce within Maryland. If a board policy conflicts with these protections, it may be reviewed under both laws. Because both statutes apply at the same time, boards are best served by reviewing their rules and practices with the understanding that they must stand up to scrutiny under Maryland’s law and HUD’s federal standards. This dual coverage highlights the value of consistent, documented decision-making and regular legal or management guidance to reduce risk.
 

How FirstService Residential can help

Navigating the requirements of the Maryland Fair Housing Act can feel complex, especially for volunteer boards balancing day-to-day operations with long-term planning. That’s where FirstService Residential comes in. Our experienced team partners with associations across Maryland to provide the guidance, resources, and operational support boards need to stay compliant and confident in their decisions.

From coordinating board training and streamlining documentation to connecting boards with trusted local attorneys, we can help associations reduce risk while keeping daily operations running smoothly. With our local expertise and access to proven systems, your community benefits from a management partner who understands the practical steps needed to support compliance. If your board is looking for a management company that combines industry knowledge with hands-on support, we’re here to help. Contact FirstService Residential today to learn more about how we can support your community.