Housing

SB 180 allows fair housing testers working for specific programs (federal, state, local governments, or qualifying nonprofit civil rights organizations) to legally record oral communications during housing tests to document potential discrimination. The bill creates an exception to Maryland's wiretap law, permitting testers to intercept conversations they are party to if the recording is solely for gathering evidence of fair housing violations under federal, state, or local law. Crucially, recordings made under this exception cannot be used as evidence in court or other proceedings except to enforce fair housing laws. The law takes effect October 1, 2026, and directly affects fair housing testing organizations and their trained testers.

SB 274 updates Maryland's fair housing laws to address discriminatory practices regardless of intent. It defines "discriminatory effect" as actions creating segregated housing patterns based on protected characteristics like race, disability, or sexual orientation, even without malicious intent. The bill requires housing authorities and political subdivisions to actively "affirmatively further fair housing" and prohibits practices with disparate impacts on protected groups. These changes apply to all housing providers, landlords, and government entities involved in housing decisions. The law removes intent as a defense for discriminatory housing practices, aligning enforcement with federal standards.

HB 1259 prohibits local Maryland jurisdictions (counties and Baltimore City) from denying or restricting family child care homes that meet state licensing requirements, including limiting the number of children below state standards. It requires local governments to classify these homes as residential activities and permit them under residential zoning rules. The bill amends Maryland's land use code to ensure consistency with state licensing standards and prevent local zoning barriers for licensed child care providers. The law takes effect on October 1, 2026.

SB 31 requires Maryland county boards of education to annually submit detailed school zone and student capacity reports to state agencies starting in 2026. These reports must include school boundary maps, student residence locations, and school capacity metrics. The bill also restricts counties from delaying housing subdivision approvals based on school capacity but allows delays for final permits only. This directly affects county planning departments, school districts, and housing developers by standardizing school data reporting and clarifying housing development timelines. The law aims to balance school planning needs with housing development efficiency.