Earlier this year, the Maryland Attorney General asked the Maryland Supreme Court to protect housing voucher recipients from income-based discrimination, via an amicus brief filed in March. In July of this year, the Maryland Supreme Court issued a judgement in favor of the tenant.

The case began when a tenant named Katrina Hare tried to obtain housing in a Baltimore County apartment complex owned by David S. Brown Enterprises. The  company implemented an income requirement, and did not use the accepted income calculations that take into account the client’s voucher amount. As a result, Ms. Hare was denied housing because she didn’t meet the current income requirements. When the case was heard in the Baltimore County Circuit Court, the Court found in favor of the landlord.

On appeal, the Supreme Court concluded that a housing provider’s minimum income requirement of two and a half times the rental amount resulted in a discriminatory impact against holders of housing vouchers. The policy of the housing provider had the impact of excluding nearly 80% of people who use a voucher, despite that the voucher portion of the rent is paid directly to the landlord by the government.

While rental costs in Maryland continue to increase, financial assistance and affordable housing have decreased. The percentage of cost-burdened renters increased dramatically between 2014 and 2024, particularly in the Baltimore–Columbia–Towson area. Most tenants in Maryland struggle to find housing they can afford, and more than 200,000 Maryland residents use Housing Choice Vouchers to pay for a portion or all of their housing costs.

Data Source: Joint Center for Housing Studies at Harvard University

As a result of the lawsuit against David S. Brown Enterprises, landlords and management companies will be required to take a tenant’s voucher into consideration and use it in the calculation to determine affordability.

The Maryland Commission on Civil Rights has also released a publication titled “Source of Income Guidelines” that should offer clarification to landlords and tenants in Maryland about income calculations and other issues around source of income, and Maryland’s HOME Act.

If you feel you’ve experienced housing discrimination in Maryland, please fill out our Fair Housing Intake Form for assistance.