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Practice Of Real EstateFair HousingHARD

A Maryland landlord owns a three-unit building in Baltimore City and lives in one unit. He has never used a real estate agent and does not publish any advertisements. He verbally tells a prospective tenant that he will not rent to her because she receives child support payments as part of her income. The tenant files a complaint with the Maryland Commission on Civil Rights. Which of the following most accurately describes the landlord's legal exposure?

Correct Answer

B) The landlord is in violation because child support income qualifies as a lawful source of income, and Maryland's source of income protection applies even to landlords who would otherwise qualify for the owner-occupant exemption.

This is an expert-level question testing the intersection of two Maryland-specific rules. First, 'source of income' under the Maryland Fair Housing Act, Md. Code Ann., State Gov't § 20-701 et seq., is broadly defined to include any lawful source of income — including child support, alimony, Social Security, housing vouchers, and other lawful payments. It is not limited to government subsidies. Second, and critically, Maryland's owner-occupant exemption does NOT permit discrimination based on the state's additional protected classes, including source of income. Even a landlord who meets every structural criterion for the owner-occupant exemption (owner-occupied, four or fewer units, no broker, no discriminatory advertising) cannot use that exemption to refuse a tenant based on source of income. The exemption has explicit limits under Maryland law.

Answer Options
A
The landlord is fully exempt because he meets all conditions for the owner-occupant exemption: owner-occupied building with four or fewer units, no broker, and no discriminatory advertising.
B
The landlord is in violation because child support income qualifies as a lawful source of income, and Maryland's source of income protection applies even to landlords who would otherwise qualify for the owner-occupant exemption.
C
The landlord is exempt because the Maryland Fair Housing Act's source of income protection applies only to government-issued housing subsidies, not private income sources like child support.
D
The landlord is in violation only if the tenant can demonstrate that the landlord's stated reason was a pretext for discrimination based on another protected class such as sex or familial status.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssource_of_incomechild_supportowner_occupantmaryland_specificexpert_trap

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