PUBLIC NOTICE: 2026 Maryland laws impacting housing providers will take effect October 1PUBLIC NOTICE: 2026 Maryland Laws Impacting Housing Providers Take Effect October 1
October first will see several Maryland housing laws take effect. These laws will affect renters, prospective tenants and housing providers but addressing criminal history screening for prospective tenants, protections for renters who use income-based housing subsidies, positive rental payment reporting and air-conditioning requirements for certain residential rental properties.
Additional information from the Maryland Department of Housing and Community Development:
Maryland Fair Chance Housing Act – SB 937, Chapter 752
The Maryland Fair Chance Housing Act establishes requirements for how certain housing providers may consider a prospective tenant’s criminal history when screening applicants for housing.
Who it applies to
- Housing providers who own or manage five or more residential units in Maryland.
- Does not apply to owner-occupied residential rental units or housing providers who do not conduct criminal background checks on applicants.
What the law does
- Describes when housing providers may request information about an applicant’s criminal history, when applicants must disclose certain convictions, which criminal convictions may or may not be considered, and when criminal history may be used as a basis for denying a housing application.
- Requires applicants to disclose certain specified criminal convictions during the application process if asked. Otherwise, a housing provider generally must make a conditional offer of housing before checking an applicant’s criminal history.
- If a housing provider withdraws a conditional offer based on an applicant’s criminal history, requires the housing provider to provide the reason for the withdrawal, and allows the applicant to request a reassessment. The applicant may provide additional documentation about the conviction, and the housing provider must consider specific factors during the reassessment.
- Provides that a housing provider’s decision not to check an applicant’s criminal history or to rent units to applicants with criminal histories may not be the basis for a civil claim against the housing provider.
- Prohibits housing providers from advertising that they will not consider applicants with criminal histories.
- Prohibits housing providers from requiring prospective tenants to undergo drug or alcohol testing.
- Authorizes penalties of up to $500 per violation.
DHCD is developing voluntary model forms to help housing providers understand and follow the process established by the law. Housing providers are not required to use DHCD’s model documents.
Effective Date: October 1, 2026
Learn more: Maryland General Assembly – SB 937, Maryland Fair Chance Housing Act
Income-Based Housing Subsidies and Positive Rental History Reporting – SB 335/HB 315, Chapters 773/772
This law establishes new requirements related to rental applications for prospective tenants who use income-based housing subsidies and gives tenants the option to have positive rental payment history reported to consumer reporting agencies.
Protections for applicants using housing subsidies
When a prospective tenant will pay rent with assistance from an income-based housing subsidy, a housing provider generally may not refuse to rent to the applicant based on:
- The applicant’s income;
- The applicant’s credit score or lack of a credit score; or
- Adverse credit history that occurred when the applicant did not have the income-based housing subsidy.
Housing providers may verify that an applicant has sufficient income to pay the portion of the rent that is not covered by the housing subsidy.
Housing providers may also consider other commercially reasonable and nondiscriminatory information, including references from previous or current housing providers or the prospective tenant’s history of lease violations, failing to pay utilities, creating a nuisance, or damaging property.
Positive rental payment reporting
Housing providers must offer tenants the option to have their positive rental payments, which only include complete and timely payments, reported to consumer reporting agencies.
- For new leases, the option must be included beginning October 1, 2026.
- For leases signed before October 1, 2026, housing providers must offer tenants the opportunity by January 1, 2027.
- Housing providers must offer tenants the option at least once each year.
- Housing providers may charge participating tenants a fee. The fee may not exceed the lesser of the housing provider’s actual cost to provide the service or $10 per month.
Learn more: Maryland General Assembly – SB 335/HB 315
Additional renter resource: Rent Reporting Center for Renters
Residential Rental Apartments – Air-Conditioning Requirement – SB 12, Chapter 664
This law establishes air-conditioning requirements for certain residential rental units in apartment buildings with 10 or more individual dwelling units.
The requirements apply to certain units, including:
- Residential rental units constructed after June 1, 2026;
- Units that were provided with air conditioning at any time after January 1, 2025;
- Units where, at any time after January 1, 2025, the lease required the housing provider to provide air conditioning; and
- Residential rental units that undergo a renovation after October 1, 2026, that includes replacement or substantial upgrades to the electrical or heating systems.
Properties listed on the National Register of Historic Places are excluded from these requirements.
Cooling requirements
Housing providers covered by the law must make air conditioning available that is capable of cooling the residential rental unit to 80 degrees Fahrenheit or lower between June 1 and September 30 each year.
If the housing provider controls the air-conditioning system, the housing provider must maintain the unit at 80 degrees Fahrenheit or lower during this period.
Learn more: Maryland General Assembly – SB 12, Residential Rental Apartments – Air-Conditioning Requirement