STATE LEGISLATIVE SESSION PASSES IMPORTANT FAIR HOUSING AND TENANT PROTECTION BILLS - BUT NOT EVICTION PREVENTION
Fair Housing and tenant protections were among a number of bills passed by the state legislature during 2021. The most relevant for Fair Housing issues are:
1. Maryland DHCD Added Fair Housing Work - HB90/SB687, legislation, sponsored by Del. Brooke Lierman and Sen. Will Smith, requires the Department of Housing and Community Development to demonstrate actions to increase fair housing in their counties and support nonprofit and other organizations devoted to fair housing. Specifically, this bill: (a) requires the Department of Housing and Community Development (DHCD) to administer its programs and activities to “affirmatively further fair housing;” (b) establishes that local jurisdictions have a duty to affirmatively further fair housing; (c) requires DHCD to submit a report to the Governor and the General Assembly on, among other things, efforts by specified units of State and local government to promote fair housing, as specified; and (d) establishes provisions relating to the inclusion of assessments of fair housing in local comprehensive plans. The Maryland Department of Planning (MDP) and DHCD must provide specified technical assistance upon request. Read the General Assembly legislation summary.
2. Tenant Screening Report Instead of Credit Check - HB861/SB691 sponsored by Del. Julie Palakovich-Carr and Sen. Shelly Hettleman assists low-income tenants by establishing a reusable tenant screening report which a prospective tenant pays for and provide to landlords that are willing to accept these reports in lieu of requiring prospective renters to pay multiple times for a credit check by a landlord. The reusable tenant screening report will save struggling tenants hundreds of dollars. Read the legislative summary.
3. Right to Attorney in Eviction Cases - HB18/SB154 will help prevent disruptive displacement of residents from their homes by ensuring that low-income tenants have the right to an attorney in eviction cases. Legal representation matters; when renters have counsel it results in less evictions because people with legitimate defenses are more successful in asserting them. This legislation, sponsored by Del. Wanika Fisher and Sen. Shelly Hettleman, will save many families from losing their homes. Read the legislative summary.
4. Health Equity Resource Communities - HB463 which decreases health inequities through the creation and funding of Health Equity Resource Communities. This requires the Community Health Resources Commission to designate certain areas as Health Equity Resource Communities to target State resources toward reducing health disparities, improving health outcomes and access to primary care, and reducing health care costs.
5. Elimination of Imprisonment for License Revocation - SB20 eliminates imprisonment as a possible penalty for a person convicted of displaying a canceled, revoked, or suspended license and reduces the points assessed for these violations.
6. The Transit Safety and Investment Act - (HB114/SB199) increases economic mobility by ensuring access to safe and reliable public transportation. This bill: (a) alters and extends (by seven years) provisions of the Maryland Metro/Transit Funding Act (Chapters 351 and 352 of 2018) that require increased operating and capital spending for the Maryland Transit Administration (MTA); (b) establishes minimum required funding levels for MTA’s operating and capital spending, as specified; (c) the Maryland Department of Transportation (MDOT) must conduct a Western Maryland Area Regional Commuter (MARC) rail extension study, as specified; (d) establishes a Purple Line Construction Zone Grant Program in the Department of Commerce.
Unfortunately, some bills that were important to Fair Housing did not pass, such as HB26 which would expand protections for student borrowers with private loans and HB848 which would end debtors prisons for consumer debts in Maryland. Critically, the legislature did not pass important anti-eviction measures such as HB52/SB454 which would advance effective methods of diverting evictions, HB31 which would prevent serial eviction filings, and HB1312/SB910 would end pandemic related evictions.
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Source: Maryland Coalition for Consumer Rights, 2021 Legislative Wrap-Up, April 12, 2021.
