In Maryland, landlords generally do have to accept Section 8 Housing Choice Vouchers. Since October 1, 2020, the Housing Opportunities Made Equal (HOME) Act has made “source of income” a protected class under state fair housing law, so refusing to rent to someone because they use a voucher is illegal discrimination in almost every situation. A narrow exemption exists for certain owner-occupied properties, but the vast majority of Maryland rental housing is covered.
What Landlords Can No Longer Do
The HOME Act added source of income to the characteristics Maryland landlords cannot use to reject a tenant, alongside race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, and disability. The statute defines source of income broadly to include any lawful source of money paid directly or indirectly to or on behalf of a renter, and it specifically names low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937, which is the federal statute behind Section 8.1Maryland General Assembly. Maryland Code State Government 20-701 – Definitions
In practice, a landlord cannot advertise a unit as “no Section 8,” refuse to show a property to a voucher holder, or turn down an otherwise qualified applicant because they receive housing assistance. Steering voucher holders toward some units while keeping others voucher-free is also prohibited, as is imposing extra conditions that only apply to assisted tenants. The state treats all of these as discriminatory housing practices.
The protection reaches beyond Section 8. VA Supportive Housing vouchers, Temporary Assistance for Needy Families payments, Social Security disability income, and other forms of government aid all qualify as source of income. A landlord who accepts trust fund income or alimony but rejects voucher holders is drawing exactly the kind of distinction the statute forbids.
The Owner-Occupied Exemption
Only two kinds of properties can lawfully refuse voucher holders, and both require the owner to live on-site as their principal residence:2Maryland General Assembly. Maryland Code State Government 20-704 – Scope of Subtitle
- An owner-occupied home where the owner rents out individual rooms.
- An owner-occupied building with no more than five rental units.
Both carve-outs apply specifically to the source of income protection related to housing vouchers.3Maryland General Assembly. Housing Opportunities Made Equal Act HB 231 – Fiscal and Policy Note An absentee landlord who owns a single-family rental across town does not qualify. Neither does an owner of a six-unit building who lives in one of the units. Owner-occupancy of the specific property is the threshold.
Landlords sometimes point to the broader federal Fair Housing Act exemptions, which cover owner-occupied buildings with up to four units and some single-family rentals. Those federal carve-outs do not override Maryland’s source of income protections. The state statute controls.
Screening Is Still Allowed
Accepting vouchers does not mean accepting every voucher holder who applies. Landlords keep the right to screen tenants using the same neutral criteria they apply to everyone else. Credit checks, criminal background reviews, rental history verification, and reference checks are all valid, as long as the standards are identical for assisted and unassisted applicants.2Maryland General Assembly. Maryland Code State Government 20-704 – Scope of Subtitle A 650 credit score requirement is fine if every applicant faces the same bar.
The statute permits a landlord to verify “the source and amount of income or creditworthiness of the potential buyer or renter” using methods that are “commercially reasonable and nondiscriminatory.”2Maryland General Assembly. Maryland Code State Government 20-704 – Scope of Subtitle Landlords can also refuse to consider income derived from criminal activity.
The Voucher Counts as Income
The most common disguised refusal in Maryland involves income multipliers. If a landlord requires monthly income of three times the rent, the housing assistance payment counts toward that threshold. Requiring a voucher holder to personally earn three times the full rent, when the voucher covers much of it, would screen out virtually every assisted tenant and constitute source of income discrimination. The voucher is income, and it has to be treated that way.
If a Landlord Refuses Your Voucher
A voucher holder who believes a landlord rejected them because of their source of income can file a complaint with the Maryland Commission on Civil Rights. The process starts with an online inquiry through the MCCR’s intake unit. Submitting the form is not the formal complaint; an intake staff member follows up to gather more information and decide whether the situation meets the threshold for a discrimination claim.4Maryland Commission on Civil Rights. Complaint and Investigative Process
Timing is strict. Housing discrimination complaints must be filed within one year of the date the discrimination occurred. Weekends and holidays count toward that deadline, though if the final day falls on a weekend or holiday, it rolls to the next business day.4Maryland Commission on Civil Rights. Complaint and Investigative Process Missing the window can forfeit the administrative remedy, so moving quickly matters.
Once a formal complaint is accepted, the MCCR assigns an investigator who interviews both parties and reviews evidence. If the investigation finds discrimination, an administrative law judge can order actual damages, injunctive relief, and civil penalties against the landlord.3Maryland General Assembly. Housing Opportunities Made Equal Act HB 231 – Fiscal and Policy Note
What a Landlord Risks
Source of income cases can be pursued through both the state administrative process and the federal system. Under the federal Fair Housing Act enforcement framework, an administrative law judge can assess civil penalties per discriminatory practice at the following current adjusted amounts:5eCFR. 24 CFR 180.671 – Assessing Civil Penalties for Fair Housing Act Cases
- Up to $26,262 for a first offense.
- Up to $65,653 for a second offense within five years.
- Up to $131,308 where there are two or more prior offenses within seven years.
On top of civil penalties, a judge can order the landlord to pay the tenant’s actual damages, including the cost of finding alternative housing and emotional distress, and can issue an injunction requiring the landlord to change their practices.
In the most serious cases involving force or threats related to housing, Maryland law adds criminal penalties: up to one year in prison and a $1,000 fine, escalating to 10 years and $10,000 if the violation causes bodily injury.3Maryland General Assembly. Housing Opportunities Made Equal Act HB 231 – Fiscal and Policy Note Those penalties address extreme conduct, but even an ordinary refusal to rent to a voucher holder can produce a five-figure penalty and a damages award.