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Statutes Text

Article - Real Property




§8–2A–06.

    (a)    After the extension of a conditional offer to a prospective tenant, a landlord may conduct a criminal history records check and consider the following convictions as potential grounds for withdrawal of the offer:

        (1)    Any felony conviction under the Criminal Law Article if the conviction occurred within 5 years immediately preceding the rental application;

        (2)    Any convictions listed in § 8–2A–05 of this subtitle that the prospective tenant has not previously disclosed; or

        (3)    Any conviction in another state court or a federal court of a crime with the same elements as a felony in the State, if the conviction occurred within 5 years immediately preceding the rental application.

    (b)    A landlord may withdraw a conditional offer based on a prospective tenant’s criminal history records check only if the landlord determines that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.

    (c)    If a landlord withdraws a conditional offer, the landlord shall provide the prospective tenant with written notice of the withdrawal that includes:

        (1)    A specific reason for the withdrawal of the conditional offer; and

        (2)    A statement that the prospective tenant may request a reassessment of the withdrawal by providing written evidence, signed under the penalty of perjury, to the landlord demonstrating:

            (i)    Inaccuracies in the prospective tenant’s criminal history records;

            (ii)    Evidence of rehabilitation; or

            (iii)    Any other mitigating factors.

    (d)    A reassessment of the application by the landlord following a request for reassessment by the prospective tenant shall consider the following factors:

        (1)    The nature and severity of the criminal offense;

        (2)    The age of the prospective tenant at the time of the occurrence of the criminal offense;

        (3)    The amount of time that has elapsed since the occurrence of the criminal offense;

        (4)    Any information produced by the prospective tenant, or produced on the prospective tenant’s behalf, regarding rehabilitation and good conduct since the criminal offense;

        (5)    The degree to which the criminal offense, if it reoccurred, would negatively impact the safety of other tenants or the property; and

        (6)    Whether the criminal offense occurred on the property that was rented or leased by the prospective tenant.

    (e)    (1)    Within 30 days after the landlord’s notice of withdrawal of the conditional offer, the prospective tenant may request that the landlord provide a copy of all information that the landlord relied on in considering the prospective tenant, including criminal history records.

        (2)    Within 10 days after receipt of a timely request, the landlord shall provide the information requested under paragraph (1) of this subsection.



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