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Statutes Text

Article - State Government




§20–705.1.

    (a)    (1)    In this section, “income–based housing subsidy” means recurring monetary assistance to a landlord from a governmental entity or nonprofit organization that is intended to defray, in whole or in part, a tenant’s rent obligation.

        (2)    “Income–based housing subsidy” includes low–income housing assistance certificates and vouchers issued under the United States Housing Act of 1937.

    (b)    Except as authorized under federal law, a landlord of residential rental property that uses financial information, including credit history, as part of a prospective tenant’s rental application may not refuse to rent to a prospective tenant who pays rent with the assistance of an income–based housing subsidy on the basis of:

        (1)    the prospective tenant’s income;

        (2)    the prospective tenant’s credit score or lack of credit score; or

        (3)    any adverse credit history that arose during a period when the prospective tenant did not have an income–based housing subsidy, if the period during which the tenant did not have the subsidy is confirmed by:

            (i)    the applicant;

            (ii)    voucher paperwork;

            (iii)    documents provided by a public housing authority; or

            (iv)    a public housing authority in response to a request by the landlord.

    (c)    Notwithstanding subsection (b) of this section, a landlord may not require that a public housing authority verify applicable dates for the subsidy for purposes of assessing the tenant’s credit history.

    (d)    Notwithstanding subsection (b) of this section, a landlord that receives funding from a governmental entity, a quasi–governmental entity, or a nonprofit organization that requires income qualification for tenants in income–restricted rental units may collect financial information from a prospective tenant if the collection of financial information is a condition of the funding.

    (e)    Notwithstanding subsection (b) of this section, a landlord of residential rental property may require verification that a tenant has sufficient income to pay the portion of rent not covered by the income–based housing subsidy using an income to tenant’s portion of rent ratio that is substantially equivalent to the ratio used by the landlord for nonsubsidized tenants.

    (f)    A landlord of residential rental property may refuse to rent to a prospective tenant who pays rent with the assistance of an income–based housing subsidy on the basis of any commercially reasonable and nondiscriminatory use of:

        (1)    a reference from a previous or current landlord of the tenant; or

        (2)    the tenant’s history of violating a lease, failing to pay utilities, creating a nuisance, or damaging property.



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