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Practice Of Real EstateFair HousingMEDIUM

A landlord in Montgomery County owns a four-unit apartment building and lives in one of the units. He refuses to rent to a prospective tenant because the tenant's income comes entirely from a housing voucher (Section 8). The landlord does not use a real estate broker and does not advertise in a discriminatory manner. Which statement best describes the landlord's legal exposure under Maryland law?

Correct Answer

D) The landlord is in violation because source of income is a protected class under the Maryland Fair Housing Act.

The Maryland Fair Housing Act, Md. Code Ann., State Gov't § 20-701 et seq., includes source of income as a protected class. This means a landlord cannot refuse to rent to a tenant solely because the tenant's income derives from a housing voucher or other lawful source. Critically, the owner-occupant exemption does NOT override Maryland's additional protected class protections. Even if the landlord would otherwise qualify for the owner-occupant exemption based on unit count and lack of broker use, that exemption cannot be used to discriminate on the basis of source of income.

Answer Options
A
The landlord is exempt because he is an owner-occupant in a four-unit building and is not using a broker.
B
The landlord is in violation only if the tenant can prove discriminatory intent beyond a reasonable doubt.
C
The landlord is exempt because federal fair housing law does not include source of income as a protected class.
D
The landlord is in violation because source of income is a protected class under the Maryland Fair Housing Act.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssource_of_incomeprotected_classmaryland_specifichousing_voucher

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