2010 Maryland Code
STATE GOVERNMENT
TITLE 20 - HUMAN RELATIONS
Subtitle 7 - Discrimination in Housing
Section 20-701 - Definitions.
§ 20-701. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 49B, § 20(a).
No changes are made.
(b) Disability.-
(1) "Disability" means:
(i) a physical or mental impairment that substantially limits one or more of an individual's major life activities;
(ii) a record of having a physical or mental impairment that substantially limits one or more of an individual's major life activities; or
(iii) being regarded as having a physical or mental impairment that substantially limits one or more of an individual's major life activities.
(2) "Disability" does not include the current illegal use of or addiction to:
(i) a controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article; or
(ii) a controlled substance, as defined in 21 U.S.C. § 802.
Special Revisor's Note.
As enacted by Ch. 120, Acts of 2009, this subsection was new language derived without substantive change from former Art. 49B, § 20(k). However, Ch. 366, Acts of 2009, amended paragraph (1) of this subsection.
In the introductory language of paragraph (1) of this subsection, the former phrase "for an individual" was deleted by Ch. 120 as surplusage.
In paragraph (2)(ii) of this subsection, the former reference to "§ 102 of the Federal Controlled Substances Act" was deleted by Ch. 120 as unnecessary in light of the reference to "21 U.S.C. § 802".
The Human Relations Commission Law Article Review Committee noted, for consideration by the General Assembly, that Ch. 60, Acts of 1999, incorrectly substituted the word "disability" for references to a "physical or mental impairment" in former Art. 49B, § 20(k)(1) and suggested that the General Assembly might wish to restore references to a "physical or mental impairment" in paragraph (1)(i), (ii), and (iii) of this subsection for consistency with the federal fair housing law. See 42 U.S.C. § 3602(h). Chapter 366 addressed this concern by making the suggested changes.
(c) Discriminatory housing practice.- "Discriminatory housing practice" means an act that is prohibited under § 20-705, § 20-706, § 20-707, or § 20-708 of this subtitle.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 49B, § 20(g).
(d) Dwelling.- "Dwelling" means:
(1) any building, structure, or portion of a building or structure that is occupied, or designed or intended for occupancy, as a residence by one or more families; and
(2) any vacant land that is offered for sale or lease for the construction or location on the land of any building, structure, or portion of a building or structure described in item (1) of this subsection.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 49B, § 20(h).
Defined Terms.
(e) Familial status.-
(1) "Familial status" means the status of one or more minors who are domiciled with:
(i) a parent or other person having legal custody of the minor; or
(ii) the designee of a parent or other person having legal custody of the minor with the written permission of the parent or other person.
(2) "Familial status" includes the status of being:
(i) a pregnant woman; or
(ii) an individual who is in the process of securing legal custody of a minor.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 49B, § 20(i).
In paragraph (2)(ii) and the introductory language of paragraph (1) of this subsection, the references to "a minor" and "minors" are substituted for the former phrases "an individual under age 18" and "individuals who are under age 18", respectively, for brevity. See Art. 1, § 24. Correspondingly, in paragraph (1)(i) and (ii) of this subsection, the word "minor" is substituted for the former word "individual".
Defined Terms.
"Includes" § 1-101
"Person" § 1-101
(f) Family.- "Family" includes a single individual.
Revisor's Note.
This subsection formerly was Art. 49B, § 20(j).
No changes are made.
Defined Terms.
(g) In the business of selling or renting dwellings.- "In the business of selling or renting dwellings" means:
(1) within the preceding 12 months, participating as a principal in three or more transactions involving the sale or rental of any dwelling or any interest in a dwelling;
(2) within the preceding 12 months, participating as an agent, other than in the sale of the individual's own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest in a dwelling; or
(3) being the owner of any dwelling occupied, or designed or intended for occupancy, by five or more families.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 49B, § 20(m).
In the introductory language of this subsection, the reference to "dwellings" is substituted for the former reference to "a dwelling" for consistency with the use of the defined term in this subtitle.
Defined Terms.
"Family" § 20-701
"Rent" § 20-701
(h) Marital status.- "Marital status" means the state of being single, married, separated, divorced, or widowed.
Revisor's Note.
This subsection formerly was Art. 49B, § 20(n).
No changes are made.
(i) Rent.- "Rent" includes to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
Revisor's Note.
This subsection formerly was Art. 49B, § 20(q).
The only changes are in style.
Defined Terms.
[An. Code 1957, art. 49B, §§ 20(a), (g)-(k), (m), (n), (q); 2009, ch. 120, § 2; ch. 366, § 1.]
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