(a) This division does not apply to:
(1) The rental or leasing of a part of a dwelling in which the owner is residing; provided, that the dwelling must continue to be used by the owner thereof as a bona fide residence for himself or herself and any member of his or her family; provided further, that the dwelling does not contain more than two (2) rental or leasing units.
(2) The rental or leasing of a dwelling by any religious corporation, association, or society to a person of a particular religion whose rental or leasing therein is connected with the carrying on by such corporation, association, or society of its purely religious activities.
(b) The prohibitions in this division against discriminating on account of age, the presence of children, or family responsibilities do not apply to any:
(1) Housing for the elderly that is required by federal, state, county, or municipal law to restrict occupancy to individuals of a minimum age and other members of their household over 18 years old;
(2) Housing whose declaration, bylaws, charter, or other incorporating documents restrict that housing to occupancy by individuals 62 years old or older and other members of their household over 18 years old;
(3) Retirement community located in a planned retirement community zone as defined in section 59-C-7.4;
(4) Housing that the Commission finds limited occupancy to adults on or before February 5, 1984; and
(5) Housing, subsidized in whole or in part by the county, that provides:
(A) Housing for adults and children who are undergoing a transition in their lives because of a change in their family relationships;
(c) The provisions of this division do not require a person to:
(1) Violate or contribute to the violation of laws restricting the occupancy of a dwelling unit to a maximum number of people; or
(2) Enter into a contract with a person under the age of eighteen (18) years.
(d) The prohibitions in this division against discriminating because of source of income do not prohibit:
(1) (A) a commercially reasonable verification of a source and amount of income, or
(B) a commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income; or
(2) (A) the eviction of or refusal to rent to any person because of that person or a family member's drug-related criminal activity or violent criminal activity, or
(B) the refusal to consider income derived from any criminal activity. (1968 L.M.C., Ex. Sess., ch. 19, § 1; 1972 L.M.C., ch. 23, § 2; 1977 L.M.C., ch. 30, §§ 7, 8; 1984 L.M.C., ch. 26, § 11A; 1988 L.M.C., ch. 4, § 1; CY 1991 L.M.C., ch. 3, § 1; 2001 L.M.C., ch. 9, § 1; , § 5.)
Editor’s note—Section 27-14(a) is cited in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007). See County Attorney Opinion dated regarding housing discrimination based on marital status and the laws restricting the occupancy of a dwelling unit to a maximum number of people.
Section
27-14, formerly § 27-15, was renumbered and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-14, relating to penalties and monetary awards, derived from 1972 L.M.C., ch. 23, § 1; 1974 L.M.C., ch. 19, § 3; 1977 L.M.C., ch. 30, § 6; 1988 L.M.C., ch. 4, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
