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Practice Of Real EstateFair HousingMEDIUM

A property owner in Howard County owns six single-family rental homes and personally manages all of them without using a real estate agent. He refuses to rent to a prospective tenant because of the tenant's sexual orientation. The owner claims he qualifies for the owner-exemption under Maryland fair housing law. Which statement is correct?

Correct Answer

C) The owner is in violation because sexual orientation is a protected class under the Maryland Fair Housing Act, and no exemption permits discrimination on that basis.

The Maryland Fair Housing Act, Md. Code Ann., State Gov't § 20-701 et seq., includes sexual orientation as a statewide protected class, going beyond the seven federal protected classes. Critically, even if an owner might otherwise qualify for a partial exemption (such as the owner-occupant exemption for small buildings), no exemption under Maryland law permits a landlord to discriminate based on sexual orientation. The owner-exemption that might apply to owner-occupied small buildings does not apply here because this owner does not occupy any of the rental units, and in any case, the exemption cannot be used to discriminate on Maryland's additional protected classes.

Answer Options
A
The owner qualifies for the exemption because he manages his own properties without a broker.
B
The owner qualifies for the exemption because sexual orientation is only a protected class in certain Maryland counties, not statewide.
C
The owner is in violation because sexual orientation is a protected class under the Maryland Fair Housing Act, and no exemption permits discrimination on that basis.
D
The owner is in violation only if the tenant can show the refusal was motivated by discriminatory advertising.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssexual_orientationprotected_classmaryland_specific

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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