FOR IMMEDIATE RELEASE
February 25, 2025

Contact:

Vera Institute of Justice, media@vera.org

Legal Defense Fund, tbarnes@naacpldf.org

Health Care for the Homeless, hmast@hchmd.org

ANNAPOLIS, Maryland — Today, advocates and community members from across the state attended a legislative hearing on the Maryland Fair Chance Housing Act (SB 514/HB 1077), a pivotal piece of legislation aimed at improving housing access for formerly incarcerated individuals. If passed, Maryland will become the second state in the nation to implement such a housing policy, joining New Jersey and several local jurisdictions, including Washington, DC and Cook County, Illinois.

The Fair Chance Housing Act would create a more equitable rental housing landscape by prohibiting housing providers (landlords) from inquiring about an applicant’s conviction history during the initial screening process. Background checks would be postponed until a conditional offer of housing is made, and would be limited to specific types of convictions within established timeframes. Additionally, the legislation allows applicants to undergo an individualized review of their conviction histories and present evidence of rehabilitation before any denial by the housing provider.

At a news conference before the hearing, advocates noted that this legislation is crucial for fostering safer communities and reducing recidivism. Access to stable housing significantly increases the likelihood that formerly incarcerated individuals can secure employment, avoid further convictions, and reintegrate successfully into society.

Previous involvement in the criminal legal system does not determine whether someone will be a problematic tenant or neighbor. More relevant factors include employment, references, and rent payment ability. Additionally, a conviction history does not predict future criminal behavior, as most formerly incarcerated individuals have only one conviction, making it an unreliable indicator of safety risk to other tenants.

In fact, research supports the importance of stable housing in reducing crime. A 2021 review of 18 studies on the relationship between housing and crime found that stable housing was associated with a positive outcome in every study, and the majority found reduced rates of future system contact. More than one million people in Maryland—22 percent of the adult population—had an arrest or conviction history in 2019, so the need for fair housing practices is more pressing than ever. As of the spring of 2024, Maryland held more than 24,000 individuals in jail or prison, the majority of whom will eventually be released and require housing.

The Fair Chance Housing Act addresses the disproportionate impact of the criminal justice system on Black communities in Maryland. While Black individuals make up 32 percent of the state’s population, they represent nearly 71 percent of those incarcerated. This legislation aims to dismantle barriers that prevent equitable access to housing for all Marylanders.

Here is what advocates are saying about the Fair Chance Housing Act and its potential to transform the housing landscape in Maryland:

“Every Marylander deserves a welcoming place to call home. National studies have simply confirmed that one’s ability to secure quality housing is vital to their health, education and financial security. . . By prohibiting arbitrary acts of discrimination against those who have already paid their debt to society, while recognizing that certain convictions merit closer review than others, this bill establishes an appropriate balance between the right of prospective tenants to a second chance and the right of all residents to feel safe.”

—Adrian Boafo, delegate for the Maryland House of Delegates

“Housing is crucial in breaking the chains of recidivism. Over the past two years, BUILD and Turnaround Tuesday have listened to more than 700 returning citizens and others directly affected by the criminal justice system. We heard story after story from returning citizens like me about landlords refusing to rent because of someone’s criminal record, about people wasting money on 5 or 6 rental applications just to be denied, and about people staying in unsafe locations because they could not find stable housing. Obstacles to housing like these are unjust, discriminatory, and they encourage crime instead of preventing it. With this bill we can eliminate many of these obstacles once and for all.”

—Minister Thomas Anderson, a leader with BUILD and the Zion Baptist Church in Baltimore City

“Maryland’s Fair Chance in Housing (HB 1077/SB 514) ensures that our returning citizens are given an equal opportunity at safe and habitable housing. Understanding that each one of us is more than the worst thing we’ve ever done, this bill prohibits landlords from asking about an applicant’s criminal background until after they pass all of the other qualifications for being an acceptable tenant (proof of income, references, credit check, etcetera).”

—Public Justice Center

“Every individual, regardless of their past mistakes, deserves a fair chance to rebuild their lives and contribute positively to society.”

—Qiana Johnson, executive director, Life After Release

“Due to discriminatory policies and practices at every stage of the criminal legal system, Black people are disproportionately subject to arrest, prosecution, and incarceration. Criminal history restrictions in housing disproportionately exclude Black people from housing, despite having a limited, if any, relationship with whether someone is a good tenant. This is particularly true when there has only been an arrest and no conviction. Every person in Maryland should have access to safe and affordable housing. This includes people who have prior involvement with the criminal legal system and have served their time. House Bill 1077 has the potential to help hundreds of thousands of Marylanders have access to increased housing opportunities.”

—David Wheaton, assistant policy counsel, Legal Defense Fund

“The Maryland Fair Chance Housing Act builds upon nationwide momentum for commonsense policies that expand housing access for people with conviction histories. From Washington, DC to New York City, more and more jurisdictions recognize that people with a conviction history should not face a lifetime of discrimination when it comes to something as basic as a place to live. If passed, Maryland would lead the nation with the strongest statewide protections in the country. We urge Maryland legislators to support this policy that will ensure that people can rebuild their lives and contribute to their communities after incarceration.”

—John Bae, director of the Opening Doors to Housing Initiative at the Vera Institute of Justice

“We know that the success of any intervention we provide is magnified when rooted in housing. This bill represents a critical step in addressing homelessness with dignity, efficiency, and fairness.”

—Lawanda Williams, chief behavioral health officer at Health Care for the Homeless

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