Md. Code Regs. 14.03.04.02

Current through Register Vol. 51, No. 17, August 23, 2024

Section 14.03.04.02 - Exemptions

A. These regulations do not:

(1) Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to these individuals, unless membership in the religion is restricted because of race, color, or national origin;

(2) Prohibit a private club, not in fact open to the public, which as an incident to the club's primary purposes provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the dwellings to its members or from giving preference to its members;

(3) Limit the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling;

(4) Prohibit conduct against an individual because the individual has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in 21 U.S.C. § 802(c), or a controlled dangerous substance as defined in Criminal Law Article, § 5-101(f), Annotated Code of Maryland.

B. Nothing in these regulations regarding discrimination based on familial status applies to housing for older persons as defined in Regulation .03B of this chapter.

C. Nothing in these regulations, other than the prohibitions against discriminatory advertising, applies to the sale or rental of a single family dwelling, if the dwelling is sold or rented without the use of the sales or rental facilities or services of any:

(1) Real estate broker, agent, or salesman;

(2) Agent of any real estate broker, agent, or salesman;

(3) Person in the business of selling or renting dwellings; or

(4) Agent of a person in the business of selling or renting dwellings.

D. Nothing in these regulations with respect to discrimination on the basis of sex, marital status, or sexual orientation applies to the rental of:

(1) Rooms in any dwelling, if the owner maintains the dwelling as the owner's principal residence; or

(2) Any apartment in a dwelling that contains not more than 5 rental units, if the owner maintains the dwelling as the owner's principal residence.

E. Threat to Health, Safety, or Property.

(1) Nothing in these regulations shall require that a dwelling be made available to an individual whose tenancy would:

(a) Constitute a direct threat to the health or safety of another individual; or

(b) Result in substantial physical damages to the property of others.

(2) The determination that an individual poses a threat to health, safety, or property shall be made on a case-by-case basis, and consist of an individualized assessment of:

(a) The nature, duration, and severity of the risks of injury or harm;

(b) The probability that injury or harm will actually occur; and

(c) Whether the threat can be eliminated through the provision of a reasonable accommodation.

Md. Code Regs. 14.03.04.02