Cal. Civ. Code § 20-703
Md. Code Ann., State Gov't Art. Title 20 — Fair Housing and Anti-Discrimination
Operative Text
This subtitle does not: (1) invalidate or limit any local law that requires dwellings to be designed and constructed in a manner that affords an individual with a disability greater access than is required by § 20–706(b) of this subtitle; (2) limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants allowed to occupy a dwelling; (3) prohibit the State or a local government from enacting standards that govern the location of group homes, as defined in § 4–601 of the Housing and Community Development Article; (4) affect the powers of any local government to enact an ordinance on any subject covered by this subtitle, provided that the ordinance does not authorize any act that would be a discriminatory housing practice under this subtitle; (5) require that a dwelling be made available to an individual whose tenancy would: (i) constitute a direct threat to the health or safety of other individuals; or (ii) result in substantial physical damage to the property of others; (6) prohibit conduct against a person because the person has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: (i) a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article; or (ii) a controlled substance, as defined in 21 U.S.C. § 802; (7) unless membership in the religion is restricted on the basis of race, color, or national origin, prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from giving preference or limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or (8) prohibit a private club that is not open to the public and that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwellings to its members or from giving preference to its members.
Maryland's fair housing subtitle, at Md. Code Ann., State Gov't §§ 20-701 to 20-1204 § 20-703, sets out a list of things the subtitle does not do — in other words, it carves out specific situations where the subtitle's anti-discrimination rules do not apply or do not override other laws. These carve-outs include preserving stricter local accessibility standards, allowing occupancy-limit rules, permitting group-home location standards, and recognizing certain exemptions for religious organizations and private clubs. The subtitle also does not require housing to be made available to someone whose presence would pose a direct threat to others' health or safety, or who has been convicted of illegally manufacturing or distributing controlled substances.
Plain English — not legal advice.
Property owners and managers operating under Maryland's fair housing framework should be aware that Md. Code Ann., State Gov't §§ 20-701 to 20-1204 § 20-703 preserves the authority of local governments to impose stricter accessibility requirements or occupancy limits beyond what the subtitle itself mandates. Compliant operators generally document any denial of tenancy based on a direct-threat or drug-conviction basis carefully, ensuring the basis falls squarely within the specific exemptions the statute recognizes. Religious organizations and private clubs that qualify for the enumerated exemptions typically maintain records demonstrating that their membership or preference policies meet the statutory conditions, including the prohibition on restricting membership by race, color, or national origin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and housing applicants should understand that Md. Code Ann., State Gov't §§ 20-701 to 20-1204 § 20-703 defines the boundaries of Maryland's fair housing subtitle by listing what it does not cover — meaning certain denials or restrictions that fall within these carve-outs may not constitute a violation of the subtitle. If a housing provider claims an exemption under this section, a tenant may want to examine whether the claimed exemption genuinely fits the statutory language, for example whether a religious organization's preference policy improperly restricts membership by race, color, or national origin. General enforcement paths available to tenants who believe a housing provider has misapplied these exemptions include filing a complaint with a relevant state or local civil rights agency or consulting a tenant-rights organization familiar with Maryland fair housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 12, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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