A Maryland landlord owns a four-unit apartment building and lives in one of the units. The landlord refuses to rent one of the remaining three units to a prospective tenant because of the tenant's gender identity. The tenant files a complaint with the Maryland Commission on Civil Rights. The landlord argues that as an owner-occupant of a small residential building, he is exempt from Maryland fair housing requirements. Which of the following best evaluates the landlord's exemption argument?
Correct Answer
C) The exemption may apply under federal law for buildings with four or fewer units, but Maryland's Fair Housing Act provides broader protections that may eliminate or narrow this exemption under state law.
Under the federal Fair Housing Act, the 'Mrs. Murphy' exemption applies to owner-occupied buildings with four or fewer units, exempting them from most federal fair housing requirements (though not from discriminatory advertising). However, the Maryland Fair Housing Act, Md. Code Ann., State Gov't §§ 20-701 et seq., provides broader protections than federal law and may not recognize the same small-building exemption in the same way, particularly given Maryland's additional protected classes such as gender identity. The MCCR would analyze whether Maryland's state law applies the exemption as narrowly or more broadly than federal law. Candidates must recognize that Maryland law can and does provide greater protections than federal minimums.
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