In 2023, there were 198 fair housing complaints in the Baltimore Metro region. Economic Action MD received many fair housing complaints based on access to reasonable accommodations to assist residents with a disability. Testing is legal in Maryland to help determine if discrimination exists.
To determine whether housing providers are discriminating against Marylanders because of race, gender, ethnicity, how someone pays for their rent, or other legally-protected reasons, fair housing organizations conduct tests to see if discrimination exists. In 39 states including Virginia and the District of Columbia, fair housing testers use an audio recording to accurately capture the conversation with the housing provider, which can later be used as evidence if the provider violates civil rights law. However, in Maryland, taping a conversation to root out discrimination is illegal.
SB107/HB392 sponsored by Sen. Charles Sydnor and Del. Sandy Bartlett gives fair housing organizations and programs in Maryland the tools needed to more accurately document discrimination by allowing audio recordings. These recordings, when used as evidence in a housing discrimination are irrefutable, especially compared to the option of using only the handwritten notes taken by testers, which ultimately comes down to a "he said/she said" debate.
Using recorded evidence of fair housing testing often leads to early resolution and settlement, rather than protracted litigation. It also helps protect testers and housing providers since there are clear audio recordings which act as quality control. Finally, using audio recordings provides the best evidence in court and is recommended by the Department of Housing and Urban Development (HUD). Read more about SB107/HB392 here.
