Maryland has implemented new legislation regarding real property and landlord-tenant law as of October 1, 2026. Explore the new and modified Maryland landlord-tenant laws to learn more about how they may affect your rental properties and your tenants.
Maryland has enacted multiple new real estate and rental laws that took effect on October 1, 2026. Landlords and property managers who live and/or operate in Maryland must understand these new laws. Both the Maryland State Bar Association and the Maryland Department of Housing and Community Development (DHCD) have published summaries of the changes. While each state’s laws and regulations are different, everyone in the industry can learn from the new legislation, especially as other states adopt similar landlord-tenant laws
Here are the new laws and regulations regarding landlord-tenant relationships and how they may impact your business. As always, be sure to consult with legal counsel if you are unsure of anything regarding your local landlord-tenant laws.
Maryland Fair Chance Housing Act: New Criminal Background Check Rules
The Maryland Fair Chance Housing Act, Senate Bill 937, applies to landlords with five or more units. The bill changes at what stage landlords and property managers can look at an applicant’s criminal history report and now prohibits landlords from requiring certain information from a criminal background check, as well as prohibiting them from using this information in the consideration of whether or not to rent to the tenant.
When applicants apply, landlords may only require information or reject a prospective tenant’s application on the grounds of certain convictions. Specifically, a landlord may only request and consider information on prior convictions regarding the following:
- Manufacturing, distributing, dispensing, or producing methamphetamine on the premises of federally assisted housing
- Sexual offenses under Title 3, Subtitle 3 of the Criminal Law Article
- Child pornography under § 11–207 of the Criminal Law Article
- First-degree murder under § 2–201 of the Criminal Law Article
- Second-degree murder under § 2–204 of the Criminal Law Article
- Human trafficking under § 3–1102 of the Criminal Law Article
Additionally, the law prohibits advertising that you won’t consider applicants with a criminal record, and prohibits requiring prospective tenants to take a drug or alcohol test. After the conditional offer, the landlord can check the applicant’s criminal history. According to DHCD, “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”
Fair Housing and Housing Discrimination Updates in Maryland
Maryland House Bill 573 authorizes Maryland’s Department of Housing and Community Development to adopt new regulations regarding furthering fair housing regulations. This bill prohibits discriminatory practices, including discriminatory acts, regardless of the intent of the actor, to protect the welfare of all involved. This update adds acting in a manner that has a discriminatory effect to the list of prohibited acts.
The update also adds language specifying that a landlord won’t be considered in violation of the anti-housing discrimination laws if their actions were not intentionally discriminatory, were necessary for a goal that is not discriminatory, and the goal couldn’t be achieved in a manner that was any less discriminatory.
Protections for Income-Based Housing Subsidies and Positive Rent Reporting in Maryland
Maryland Senate Bill 335 increases protections for tenants relying on an income-based housing subsidy. It also prohibits landlords from denying tenants based on whether or not they receive a subsidy. Specifically, unless otherwise allowed by federal law, a landlord cannot decline an applicant who is receiving an income-based housing subsidy based on that applicant’s income, their credit score, or any negative credit history that occurred during a time the applicant wasn’t receiving that subsidy. However, a landlord is allowed to verify whether or not the applicant can pay any amount of rent not covered by the housing subsidy, and can deny an applicant for any other non-discriminatory reason.
Additionally, under certain circumstances, landlords are required to offer tenants the option to have their positive rent payments reported to a credit reporting agency. A landlord who owns six or more rentals in Maryland is now required by law to include an option to report positive rental history to major credit reporting bureaus in their leases.
Any leases for the covered properties that were signed on or after October 1, 2026 must include this option. Any leases for applicable properties signed before that date must offer the option no later than January 1, 2027, and all landlords who own six or more rentals in Maryland must offer this service again at least once annually. Landlords and property managers may charge a fee for this service, but it cannot be more than the cost of providing it or $10 per month.
Rentec Direct Automatically Reports Rent Payments to Credit Bureaus
For Rentec Direct clients, it’s easy for any landlord or property manager to report rent payments to credit bureaus. With Rentec Direct’s integration with RentReporters, landlords can automatically report positive rent payments to all three major credit bureaus. Rentec Direct’s integration with RentReporters is available automatically, with no additional cost, to ensure compliance.
Here’s How it Works:
- Rentec Direct is integrated with RentReporters, allowing you to offer rent reporting through your property management software. Tenants can enroll in rent reporting in the tenant portal. Once enrolled, their rent payments will be reported to the credit bureaus, and they can opt out at any time. RentReporters handles everything from here, reporting rent payments recorded in Rentec Direct to the three major credit bureaus.
Learn more: Feature Spotlight | Rent Payment Credit Reporting with RentReporters & Rentec Direct
Reduction of Lead Risk in Rental Housing in Maryland
In an effort to reduce the risk of lead-related illness in homes, Maryland Senate Bill 872 modifies the definition of “rental dwelling unit” to alter how it applies to laws regarding the mitigation of lead risk in homes. In the bill, it changes the definition of a “rental dwelling unit” to include any habitable units with access to living spaces, sleeping spaces, and spaces for cooking and cleaning.
It is important to note that this definition does not include hotel or motel rooms, unfinished basements, or areas that are inaccessible to occupants or not offered for rent.
Air Conditioning Requirement in Residential Apartment Rentals in Maryland
Maryland Senate Bill 12 now requires landlords to provide air conditioning in their residential apartment rentals. This applies to any new builds after June 1, 2026, and to any apartments being renovated after October 1, 2026, if the renovation includes replacements or upgrades to the property’s electrical system.
This law only applies to apartments with 10 or more rental units, and does not apply to historic properties. These must be functional, with the exception of reasonable maintenance and repair times, from June 1 to September 30 each year. If the unit is not under the tenants’ control, the landlord must keep it set below 80 degrees for the duration of this period. If the unit is under the tenants’ control, it must be kept working well enough to keep the unit below 80 degrees for this entire period.
Expansion on Access to Legal Counsel in Evictions in Maryland
Maryland Senate Bill 729 is being modified to alter the Access to Counsel in Evictions Program, with the intention of expanding access to legal counsel for renters who live in mobile home parks and are facing eviction. This program will require the Maryland Legal Services Corporation to provide legal services to covered individuals living in a mobile home.
Covered individuals include those living in mobile homes owned, operated, or managed by a public housing authority, and who make below the median household income for the United States. This bill removes many of the restrictions on this aid that had previously been law, expanding the access to individuals who fit the aforementioned requirements.
Additional Real Estate Laws Implemented in Maryland October 2026
- House Bill 548: Development Rights – Housing development projects must be approved by the local authority, but grants certain rights to those with approved projects
- Senate Bill 691: Contingency Clauses – Changes the definition of “contingency clauses” in an individual’s ability to terminate residential home purchase contracts
- House Bill 951: Revision to Land Records – Repeals a law requiring printed deeds to have specific margins
- House Bill 738: Deed Transfer on Death – Establishes the ability to create, revoke, or record a transfer-on-death deed
- House Bill 753: Homeowner Protections – Adds multiple protections to homeowners, including protections for homeowners undergoing medical hardships
Final Thoughts
Maryland has introduced a number of new laws, and all of them are essential to understand as a landlord, property manager, property investor, or otherwise anyone who works in real estate. As such, it is important to keep up with these changes.