Sec. 14.03.04.07. Prohibition Against Discrimination Because of Disability

A. This regulation provides the Commission's interpretation of the conduct that is unlawful housing discrimination against an individual who has a disability under State Government Article, §20-706, Annotated Code of Maryland.

B. General Prohibitions Against Discrimination Because of Disability.

(1) It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to a buyer or renter, because of a disability of:

(a) The buyer or renter; or

(b) An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available.

(2) It shall be unlawful to discriminate against an individual in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:

(a) The buyer or renter; or

(b) An individual residing in or intending to reside in that dwelling after it is sold, rented, or made available.

(3) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling or an individual intending to reside in that dwelling after it is sold, rented, or made available has a disability or to make inquiry as to the nature or severity of a disability of that individual.

(4) This subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, with or without disabilities:

(a) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

(b) Inquiry to determine whether an applicant is qualified for a dwelling available to individuals with disabilities or to an individual with a particular type of disability;

(c) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to individuals with disabilities or to individuals with a particular type of disability;

(d) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled dangerous substance; or

(e) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled dangerous substance.

C. Reasonable Accommodations.

(1) It shall be unlawful for a person to refuse to make a reasonable accommodation in rules, policies, practices, or services when the accommodation may be necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling, including public and common use areas.

(2) A person is not required to provide a reasonable accommodation if providing the accommodation would impose an undue hardship.

(3) A person may not refuse to sell or rent a dwelling or otherwise make unavailable or deny a dwelling to an individual based upon the individual's need for a reasonable accommodation.

D. Reasonable Modifications.

(1) It shall be unlawful for a person to refuse to permit, at the expense of a disabled individual, reasonable modifications of existing premises, occupied or to be occupied by a disabled individual, if the proposed modifications may be necessary to afford the disabled individual full enjoyment of the premises of a dwelling.

(2) In the case of a rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear expected.

(3) The landlord may reserve the right to approve the design, quality, and construction of the alterations or additions in order to minimize the damage to the building and enforce standards of quality and architectural responsibility.

(4) The landlord may not increase for disabled individuals any customarily required security deposit.

(5) Notwithstanding §D(4) of this regulation, when it is necessary in order to ensure with reasonable certainty that funds will be available to pay for restorations at the end of the tenancy, the landlord may:

(a) Negotiate as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of restorations; or

(b) Negotiate for the establishment of an escrow account, but the interest in the account shall accrue to the benefit of the tenant.

E. Examples of Appropriate Modifications. The following are examples of modifications used to make real property accessible by individuals with disabilities:

(1) Ramps for wheelchairs or walkers;

(2) Lights to indicate to a deaf person that the doorbell or telephone is ringing;

(3) Grab bars in bathrooms;

(4) Roll-out shelves in kitchens;

(5) Height-sensitive electrical outlets and switches; and

(6) Simplified locking systems for use by mentally disabled individuals.

F. Design and Construction Requirements.

(1) Covered multifamily dwellings for first occupancy after July 1, 1991, shall be designed and shall be constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site.

(2) For purposes of this section, a covered multifamily dwelling shall be considered to be designed and to be constructed for first occupancy on or before July 1, 1991, or if they are occupied by that date.

(3) The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed and constructed the housing facility.

(4) All covered units of multifamily dwellings shall comply with the appropriate requirements of the American National Standard of Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as ANSI A117.1) or the federal law, regulations, and guidelines on disabled accessibility adopted under the Fair Housing Act Amendments of 1988 and incorporated by reference in COMAR 05.02.02.

(5) This section does not invalidate or limit any law of a state or political subdivision of a state that requires dwellings to be designed and constructed in a manner that affords disabled individuals greater access than is required by this section.