The Montgomery County Council unanimously passed legislation last week to amend the county’s current “Ban the Box” law and clarify renters’ rights when a landlord performs background and credit checks.
Bill 8-24, Human Rights and Civil Liberties – Fair Criminal History and Credit Screenings – Amendments (PDF), introduced by Councilmember Laurie-Anne Sayles and co-sponsored by Councilmembers Evan Glass and Sidney Katz, aims to ensure that tenants are aware of their rights when seeking to rent a home.
The legislation passed 10-0, with Councilmember Dawn Luedtke absent, according to MCM.
“I appreciate Councilmember Glass and Councilmember Katz for their efforts in passing the Housing Justice Act in 2021, which prohibits a housing provider from conducting a criminal background check or credit history during the rental application process before making an offer for rent to a prospective tenant,” Sayles said last week. “Despite the bill’s implementation in 2021, there were concerns regarding its enforcement and accountability. Bill 8-24 addresses these concerns by adding two new full-time employees to the Office of Human Rights to support enforcement and accountability measures.”
“Ban the Box” laws, also known as the Housing Justice Act of 2021, aim to end discrimination against formerly incarcerated people by prohibiting landlords from conducting criminal background or credit checks before making an offer to a prospective tenant.
Under the new law, landlords and apartment complexes will be required to prominently display information about the county Housing Justice Act on their websites and in rental offices. Additionally, the bill mandates landlords to post notices about the use of criminal history in rental housing decisions, report specific disaggregated data on rental applications annually, retain rental application supplements for a certain period, and certify receipt of a completed criminal and credit screening addendum as part of the annual rental housing survey.
According to MCM, the new law prohibits landlords from requesting information about an arrest record that did not lead to a conviction. They also cannot inquire about an arrest record or conviction related to specific offenses such as trespassing, misdemeanor theft, failure to leave public buildings or grounds, indecent exposure, public urination, violating the open container law, marijuana possession, a first conviction for disturbance of the peace or disorderly conduct, or a motor vehicle violation.
Additionally, the new legislation will result in the creation of two new full-time positions at the county’s Office of Human Rights.
When introducing the bill in March, Sayles told MoCo360 last week that she decided to draft the bill after a resident contacted her office to complain about a rental application denial.
“When my staff asked who was responsible for receiving these complaints, there was a bit of confusion about where that responsibility lies,” Sayles said, noting that the county’s Office of Human Rights is responsible for processing such complaints.
Sayles said that she collaborated with its staff to create the new regulation.
“Today, the Council took another step toward correcting decades of unjust housing policies,” Councilmember Glass said last week. “This bill strengthens the protections outlined in the Housing Justice Act, which I spearheaded in 2021 as the Lead for Homelessness and Vulnerable Communities. To create a more equitable Montgomery County, we must ensure that residents who have experienced homelessness or minor offenses are not discriminated against when finding a place to live.”
In addition to the new rental background check regulations, the Council passed two other key laws affecting renters in July, including rent stabilization and new tenant safety regulations prompted by a deadly fire at the Arrive Silver Spring apartment complex last year.
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