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Screening tenants in Maryland without breaking fair housing law

8 min readNov 4, 2026Keel Residential

Good screening is the most important thing a landlord does. It's also where well-meaning owners create the most legal risk. The goal is simple: consistent, written, lawful criteria, applied the same way to every applicant.

Who's protected

Federal law prohibits housing discrimination based on race, color, religion, national origin, sex, familial status and disability. Maryland adds protections including marital status, sexual orientation, gender identity and source of income. Since 2020, Maryland has prohibited refusing an applicant because they pay with a Housing Choice Voucher or other lawful income. Some counties add more.

Write your criteria down first

Before the listing goes live, set and write down:

  • Income standard (for example, gross household income of a stated multiple of the rent, with voucher income counted properly)
  • Rental history: what's reviewed and how far back
  • Credit: how it's weighed. It should be one factor, not an automatic cutoff
  • Occupancy standards consistent with local codes
  • Pet policy, with assistance animals handled as a reasonable accommodation, not as pets

Every applicant gets the same criteria, in writing, before applying. That's fair, and it's also your best defense if a decision is ever challenged.

Criminal history

Blanket bans on any criminal record create fair housing risk under federal guidance. A better practice is an individualized review that looks at the nature of the offense, how long ago it was, and evidence of rehabilitation, done the same way for everyone.

Application fees

Maryland regulates application fees. When a fee is above a modest threshold, the landlord generally has to return the part that exceeds the actual cost of processing within a set time. Keep fees reasonable and document what they cover.

How we screen

Every applicant gets our written criteria up front. We verify income and rental history directly, run credit and background checks through a compliant screening service, and document the reason for every decision. See the full process on tenant placement.

Before you rely on thisRules change. This guide reflects our reading of Maryland and local rules as of November 2026 and is general information, not legal advice. Confirm current requirements with the agency named, or with a Maryland landlord-tenant attorney.
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