Cal. Civ. Code § 20-704
Md. Code Ann., State Gov't Art. Title 20 — Fair Housing and Anti-Discrimination
Operative Text
(a) This subtitle does not apply to: (1) the sale or rental of a single–family dwelling, if the dwelling is sold or rented without: (i) the use of the sales or rental facilities or services of any: 1. real estate broker, agent, or salesperson; 2. agent of any real estate broker, agent, or salesperson; 3. person in the business of selling or renting dwellings; or 4. agent of a person in the business of selling or renting dwellings; or (ii) the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this subtitle; and (2) with respect to discrimination on the basis of sex, sexual orientation, gender identity, marital status, military status, or source of income if the source of income is low–income housing assistance certificates or vouchers issued under the United States Housing Act of 1937: (i) the rental of rooms in any dwelling, if the owner maintains the dwelling as the owner’s principal residence; or (ii) the rental of any apartment in a dwelling that contains not more than five rental units, if the owner maintains the dwelling as the owner’s principal residence. (b) The use of attorneys, escrow agents, abstractors, title companies, and other similar professional assistance as necessary to perfect or transfer the title to a single–family dwelling does not subject a person to this subtitle if the person otherwise would be exempted under subsection (a) of this section. (c) (1) (i) In this subsection, “housing for older persons” means housing: 1. provided under any State or federal program that is specifically designed and operated to assist elderly persons, as defined in the State or federal program; 2. intended for, and solely occupied by, persons who are at least 62 years old; 3. intended and operated for occupancy by at least one person who is at least 55 years old in each unit; or 4. that meets the requirements set forth in regulations adopted by the Secretary of Housing and Urban Development under 42 U.S.C. § 3607(b)(2)(C). (ii) “Housing for older persons” includes: 1. unoccupied units, if the units are reserved for occupancy by persons who meet the age requirements of subparagraph (i) of this paragraph; or 2. units occupied as of September 13, 1988 by persons who do not meet the age requirements of subparagraph (i) of this paragraph, if the new occupant of the unit meets the age requirement. (2) The provisions in this subtitle concerning familial status do not apply to housing for older persons. (d) The prohibitions in this subtitle against discrimination based on source of income do not: (1) prohibit a person from determining the ability of a potential buyer or renter to pay a purchase price or pay rent by verifying in a commercially reasonable and nondiscriminatory manner the source and amount of income or creditworthiness of the potential buyer or renter; (2) prevent a person from refusing to consider income derived from any criminal activity; or (3) prohibit a person from determining, in accordance with applicable federal and State laws, the ability of a potential buyer to repay a mortgage loan.
Section 20-704 of Maryland's State Government Code carves out specific exemptions from the state's fair housing requirements. A private owner selling or renting a single-family home without using a real estate professional or publishing discriminatory advertisements is not covered by the subtitle's general prohibitions. Additionally, owner-occupants of smaller residential properties (up to five rental units) are exempt from the sex, sexual orientation, gender identity, marital status, military status, and certain source-of-income discrimination rules, and housing communities that qualify as 'housing for older persons' are exempt from familial-status protections. The provision also clarifies that verifying a prospective buyer's or renter's ability to pay—done in a commercially reasonable and nondiscriminatory way—does not constitute prohibited source-of-income discrimination.
Plain English — not legal advice.
Under § 20-704, property owners who sell or rent a single-family home entirely on their own—without engaging any real estate broker, agent, or professional marketer—and who avoid publishing discriminatory notices may fall outside the subtitle's coverage. Owner-occupants of dwellings with five or fewer rental units should be aware that while certain sex- and status-based discrimination exemptions may apply to them, those exemptions are narrowly defined and do not extend to all protected classes. Operators of age-restricted communities should document that their properties meet one of the 'housing for older persons' definitions listed in § 20-704(c) in order to rely on the familial-status exemption, and any income-verification process should be applied consistently and in a commercially reasonable manner to avoid running afoul of the source-of-income provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-704 defines the boundaries of Maryland's fair housing protections, so tenants should understand that not every housing provider is covered equally under this subtitle. If a landlord claims an exemption—such as the owner-occupant exemption for small buildings—tenants who believe the exemption is being applied incorrectly or that discrimination is still occurring may have recourse through Maryland's fair housing enforcement framework. Tenants can explore options such as filing a complaint with a relevant state or federal fair housing agency, raising a violation as a defense in a housing proceeding, or consulting a tenant-rights organization familiar with § 20-704's scope and limitations.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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