United States · property

How to Appeal a Rental Denial Based on Criminal Background in Maryland

Under Maryland's Fair Chance Housing Act, landlords with five or more units cannot blanket-deny applicants with criminal records. If a landlord withdraws a conditional offer of housing, they must provide a specific written reason and allow you to submit evidence of rehabilitation for a reassessment.

The Law: Your Rights Under the Maryland Fair Chance Housing Act

In Maryland, your past does not automatically disqualify you from finding a safe place to live. Under the Maryland Fair Chance Housing Act, codified at Md. Code, Real Property §§ 8-2A-01 through 8-2A-12, landlords who manage or own five or more residential rental units are strictly regulated in how they screen applicants. They cannot ask about your criminal history on an initial application or run a background check until after they have extended a "conditional offer" of housing.

Furthermore, a landlord cannot use a blanket policy to automatically reject everyone with a record. Under Real Property § 8-2A-06, if a landlord seeks to withdraw their conditional offer based on your background check, they are generally limited to looking at felony convictions from the past 5 years. They must provide you with a written notice of withdrawal stating the specific reason for their decision and inform you of your right to request a formal reassessment.

The Reassessment Process and Your Right to Records

If a landlord pulls back their offer, you are legally entitled to see exactly what they saw. Under Md. Code, Real Property § 8-2A-06(e), you have 30 days from the date of the withdrawal notice to request a copy of all information the landlord relied on, including the criminal background check. By law, the landlord must provide this file to you within 10 days of your request.

Once you have the records, you have the right to request a reassessment. You can submit written evidence—signed under the penalty of perjury—proving that the records are inaccurate, showing evidence of your rehabilitation, or explaining mitigating factors. Under § 8-2A-06(d), the landlord is then legally obligated to conduct an individualized assessment weighing factors such as the nature of the offense, how much time has passed, your age at the time, and your efforts to rebuild your life.

Taking Action Against Unlawful Screening

Many landlords fail to follow these rules, either by asking about criminal history upfront or refusing to conduct the required individualized reassessment. Doing so is a violation of Maryland state law, subjecting the landlord to civil penalties of up to $500 per violation under Md. Code, Real Property § 8-2A-10.

You do not have to accept an unfair rejection lying down. Facing housing discrimination is exhausting, but the law provides a clear path to appeal and fight back. If you are dealing with a rental denial, you can use Caunsel to research the exact statutory provisions of the Fair Chance Housing Act, securely save your application and rejection documents in a case file, or connect with an independent Maryland attorney who can review your denial and help you submit a powerful reassessment request.

Steps

• Request your reliance file: Within 30 days of receiving your denial, submit a written demand to the landlord for all information they relied on, as guaranteed under Md. Code, Real Property § 8-2A-06(e).
• Gather your evidence of rehabilitation: Collect character references, certificates of program completions, proof of stable employment, or clean credit history to show you are a reliable tenant.
• Draft a sworn statement: Write a formal response detailing any record inaccuracies or mitigating factors, ensuring you sign it under penalty of perjury as required by § 8-2A-06(c)(2).
• Submit your formal reassessment request: Send your packet to the landlord via Certified Mail to establish a clear paper trail, demanding they perform the mandatory individualized assessment.

Common mistakes

• Failing to demand your screening records in writing within 30 days of the rejection, which forfeits your automatic statutory right to the landlord's evidence.
• Submitting a reassessment statement without signing it under penalty of perjury, giving the landlord a technical excuse to ignore your appeal.
• Accepting an oral denial instead of insisting on a written notice of withdrawal containing the specific reasons required by law.

Questions people ask

Does the Maryland Fair Chance Housing Act apply to all landlords in the state?

No. The law applies specifically to housing providers who own or manage five (5) or more residential units in Maryland. It generally exempts owner-occupied rental units and very small landlords.

What specific offenses can a landlord ask about before extending a conditional offer?

Under Md. Code, Real Property § 8-2A-05, landlords can only inquire early about specific serious offenses, including: first- or second-degree murder, human trafficking, sexual offenses, child pornography, lifetime sex offender registration requirements, or methamphetamine manufacturing in federally assisted housing.

What happens if a landlord refuses to review my evidence of rehabilitation?

If a landlord fails to conduct an individualized assessment after you request a reassessment, they are in violation of Maryland law and may be subject to a civil penalty of up to $500 per violation under § 8-2A-10.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United States.