Fair Housing Act Complaint - Maryland

FAIR HOUSING ACT COMPLAINT — MARYLAND

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Maryland Fair Housing Law (State Gov't § 20-705)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Maryland Practice Notes
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unlawful Housing Discrimination in Violation of Maryland's Fair Housing Law (Md. Code, State Gov't § 20-705);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (Md. Code, State Gov't § 20-708; 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], Maryland, and is a member of one or more classes protected by Maryland's fair housing law and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times was, [in the business of selling or renting dwellings within the meaning of Md. Code, State Gov't § 20-701(g) / an owner / landlord / property management company / real estate broker] controlling the dwelling at [PROPERTY ADDRESS], subject to Md. Code, State Gov't § 20-705 and 42 U.S.C. § 3604.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is sued individually and as a [manager / leasing agent / agent / employee] of Defendant [SHORT NAME], acting within the course and scope of that agency.

2.4. The Subject Dwelling. The dwelling is [ADDRESS], a "dwelling" within the meaning of Md. Code, State Gov't § 20-701(d) and 42 U.S.C. § 3602(b), and is not within the exemptions of Md. Code, State Gov't § 20-703 / § 20-704 or 42 U.S.C. § 3603(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Md. Code, Cts. & Jud. Proc. § 1-501 and a private right of action under Md. Code, State Gov't § 20-1035 / § 20-1013.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes suit in any "appropriate" state or federal court.

3.3. Venue is proper in [________________________________] County because the unlawful housing practices occurred there and the subject dwelling is located there. Md. Code, Cts. & Jud. Proc. § 6-201.

3.4. Administrative posture.

☐ Plaintiff filed a complaint with the Maryland Commission on Civil Rights ("MCCR") on [__/__/____] (Charge No. [____]), within one (1) year of the discriminatory act, and now proceeds in this Court under Md. Code, State Gov't § 20-1035 / § 20-1013 after [the elapse of the statutory period / dismissal / right-to-sue].

☐ Plaintiff brings the federal Fair Housing Act count (Count II) without administrative exhaustion as permitted by 42 U.S.C. § 3613(a).

3.5. As to the federal Fair Housing Act count, this action is filed within two (2) years of the occurrence or termination of the discriminatory housing practice as required by 42 U.S.C. § 3613(a)(1)(A).

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought to renew a lease for] the dwelling at [PROPERTY ADDRESS].

4.2. Plaintiff is a member of the following protected class(es): [e.g., race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, military status].

4.3. At all relevant times, Plaintiff was qualified and able to meet the lawful, non-discriminatory terms of the transaction (including the financial terms, considering all lawful sources of income).

4.4. Discriminatory practice(s). Defendant engaged in one or more of the following unlawful housing practices because of Plaintiff's protected class:

☐ Refused to sell or rent after a bona fide offer, refused to negotiate, or otherwise made unavailable or denied the dwelling (Md. Code, State Gov't § 20-705(1));

☐ Imposed discriminatory terms, conditions, or privileges, or discriminatory services or facilities (§ 20-705(2));

☐ Made, printed, or published a discriminatory notice, statement, or advertisement (§ 20-705(3));

☐ Falsely represented that a dwelling was unavailable for inspection, sale, or rental when it was available (§ 20-705(4));

☐ For profit, induced or attempted to induce the sale or rental by representations about entry of a protected class into the neighborhood (blockbusting) (§ 20-705(5));

☐ Discriminated in residential real-estate or lending transactions (§ 20-706);

☐ Steered Plaintiff toward or away from particular dwellings or neighborhoods;

☐ Refused to consider both applicants' incomes, or refused to count a lawful source of income (e.g., a housing voucher), in evaluating ability to rent or buy;

☐ Refused a reasonable accommodation in rules, policies, practices, or services, or refused to permit a reasonable modification (§ 20-708; 42 U.S.C. § 3604(f)(3));

☐ Subjected Plaintiff to harassment or a hostile housing environment because of a protected class;

☐ Coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff's exercise of fair housing rights (§ 20-708; 42 U.S.C. § 3617);

☐ Other state-protected basis: [DESCRIBE — e.g., a Montgomery County, Prince George's County, Baltimore City, or Howard County local ordinance adding further classes such as age].

4.5. Specific facts. [Set out a chronological, particularized account: who said or did what, on what date(s), in what words, before what witnesses, and how similarly situated persons outside Plaintiff's protected class were treated more favorably.]

4.6. [If applicable — comparator/tester evidence: Similarly situated persons outside Plaintiff's protected class were treated more favorably under materially identical circumstances.]

4.7. Any non-discriminatory reason offered by Defendant is pretextual; the true motivating reason was Plaintiff's protected class.

4.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

5. COUNT I — MARYLAND FAIR HOUSING LAW (State Gov't § 20-705)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. Maryland declares it the policy of the State to provide for fair housing to all regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, source of income, or military status (Md. Code, State Gov't § 20-702), and prohibits the discriminatory housing practices enumerated in § 20-705 through § 20-708.

5.3. Defendant committed one or more of the unlawful housing practices identified in Paragraph 4.4 because of Plaintiff's protected class, in violation of Md. Code, State Gov't § 20-705 (and § 20-706 / § 20-708 as applicable).

5.4. Defendant's conduct was intentional, willful, and/or in reckless disregard of Plaintiff's rights under Maryland law.

5.5. Plaintiff is entitled to compensatory damages, punitive damages (against a non-governmental respondent acting with actual malice), injunctive and affirmative relief, attorney fees, and costs as provided by Md. Code, State Gov't § 20-1035 / § 20-1013 and § 20-1009(b).

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of, or otherwise making unavailable or denying, a dwelling because of race, color, religion, sex, familial status, national origin, or disability, and prohibits discriminatory terms, conditions, privileges, statements, and representations.

6.3. Defendant's conduct described in Paragraph 4.4 violated 42 U.S.C. § 3604 (and § 3604(f) as to disability).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff (or anyone aiding Plaintiff) in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Discriminatory intent may be shown directly or through disparate treatment; a discriminatory effect (disparate impact) is also actionable. See Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a disability within the meaning of Md. Code, State Gov't § 20-701(b) and 42 U.S.C. § 3602(h), specifically [DESCRIBE IMPAIRMENT AND MAJOR LIFE ACTIVITY AFFECTED].

7.3. On or about [__/__/____], Plaintiff requested the following:

☐ Reasonable accommodation (a change in rules, policies, practices, or services): [DESCRIBE — e.g., assistance animal as exception to a no-pets policy; designated accessible parking];

☐ Reasonable modification (a physical alteration to the premises, at the renter's expense where applicable): [DESCRIBE — e.g., grab bars, ramp, widened doorway].

7.4. The requested accommodation/modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling and was reasonable.

7.5. Defendant [denied the request / failed to respond / imposed unreasonable conditions / failed to engage in the interactive process], in violation of Md. Code, State Gov't § 20-708 and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.6. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving and storage costs, lost housing opportunity, and other consequential pecuniary losses, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, loss of dignity, and mental anguish.

8.3. Punitive damages: against a non-governmental Defendant that acted with actual malice, as permitted by Md. Code, State Gov't § 20-1013(e) and 42 U.S.C. § 3613(c)(1).

8.4. Injunctive and affirmative relief: an order enjoining further discrimination, directing that the dwelling be made available, and requiring non-discriminatory policies and fair housing training, as provided by Md. Code, State Gov't § 20-1009(b) / § 20-1035.

8.5. Civil penalties: Plaintiff reserves the right to pursue civil penalties available in MCCR or government-enforcement proceedings, and under 42 U.S.C. § 3612(g)(3) / § 3614(d)(1)(C).

8.6. Attorney fees and costs: as provided by Md. Code, State Gov't § 20-1009(b) / § 20-1035 and 42 U.S.C. § 3613(c)(2).

8.7. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment that Defendant violated Maryland's fair housing law (Md. Code, State Gov't § 20-705) and the federal Fair Housing Act (42 U.S.C. § 3604, § 3617);
• B. Award compensatory damages, including emotional distress damages, according to proof;
• C. Award punitive damages under Md. Code, State Gov't § 20-1013(e) and 42 U.S.C. § 3613(c);
• D. Grant injunctive and affirmative relief, including an order to make the dwelling available, non-discriminatory policies, and fair housing training;
• E. Award reasonable attorney fees and costs;
• F. Award pre- and post-judgment interest; and
• G. Grant such other and further relief as is just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable. Md. Rule 2-325; Md. Code, State Gov't § 20-1013(f); 42 U.S.C. § 3613(c).

11. VERIFICATION

I, [PLAINTIFF NAME], solemnly affirm under the penalties of perjury that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Maryland.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], AIS/CPF No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a copy of the foregoing was served on the following by [method — MDEC electronic service / certified mail / private process per Md. Rule 2-121 and Md. Rule 1-321]:

[NAME AND ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]

[ATTORNEY NAME]

14. MARYLAND PRACTICE NOTES

• Enforcing agency. The Maryland Commission on Civil Rights (MCCR) enforces the State fair housing law (with a HUD work-share). Complaints may also be filed with HUD or with substantially-equivalent local agencies (e.g., Montgomery, Prince George's, Howard, Baltimore City/County).
• Protected classes (state). Maryland protects, in housing, race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, source of income, and military status (Md. Code, State Gov't § 20-702; § 20-705). Source of income was added by the HOME Act (2020) and includes any lawful source of money paid to or on behalf of a renter or buyer, including housing vouchers and other government/private assistance (§ 20-701(j)) — so refusing Section 8 / Housing Choice Vouchers is unlawful source-of-income discrimination. Some counties add further classes (e.g., age).
• Administrative charge vs. court suit (state). A complaint may be filed with MCCR within one (1) year of the discriminatory act. A complainant may also pursue a civil action; Maryland's discrimination statutes provide a civil-action track (the housing civil-action provision and the general § 20-1013 framework permit court suit, generally after a timely administrative filing and the elapse of the statutory period, with a two-year outer limit and a three-year limit for harassment claims, tolled while the administrative charge is pending). Verify the exact housing civil-action section (§ 20-1035) and limitations period against the current Code, as the housing and employment subtitles differ.
• State remedies. Maryland courts may award compensatory damages, punitive damages (against a non-governmental respondent that acted with actual malice, subject to statutory caps in some subtitles), injunctive and affirmative relief, and attorney fees and costs (§ 20-1009(b); § 20-1013). A jury trial is available where compensatory or punitive damages are sought (§ 20-1013(f)).
• Recent developments. Maryland's 2025 fair-housing legislation (e.g., the Fair Chance Housing Act limiting use of criminal-record screening, and HB 573 codifying disparate-impact / discriminatory-effect liability) strengthens state protections. Consider pleading a disparate-impact theory where a facially neutral policy disproportionately affects a protected class.
• Federal route and limitations. Under the federal FHA, a HUD administrative complaint may be filed within one (1) year (42 U.S.C. § 3610(a)) and/or a private civil action within two (2) years (42 U.S.C. § 3613(a)). Federal remedies include actual and punitive damages and attorney fees (§ 3613(c)); HUD/DOJ enforcement can yield civil penalties (§ 3612(g)(3); § 3614(d)(1)(C)).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441.
• Unsettled / verify. Confirm the current civil-action section for housing discrimination (Subtitle 7 / § 20-1035) versus the employment civil-action provision (§ 20-1013) — the limitations and damages-cap mechanics are not identical. Verify any punitive-damages cap (§ 20-1009(b)(3)) applicable to housing claims and the disparate-impact codification (2025 amendments).

15. SOURCES AND REFERENCES

• Md. Code, State Gov't § 20-701 (definitions) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg&section=20-701
• Md. Code, State Gov't § 20-705 (discrimination in sale or rental) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg&section=20-705
• Md. Code, State Gov't § 20-1013 (civil action; punitive damages; jury) — https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=20-1013
• Maryland Commission on Civil Rights — Housing — https://mccr.maryland.gov/know-your-rights/housing
• Maryland People's Law Library — Laws Against Housing Discrimination — https://www.peoples-law.org/laws-against-housing-discrimination
• 42 U.S.C. § 3604; § 3613; § 3617 — https://www.law.cornell.edu/uscode/text/42/chapter-45
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Maryland must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.