Maryland Section 8, Records & Right to Counsel
Maryland rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. Md. Code, State Gov't §§ 20-705, 20-701(j)
The rules in Maryland
| Statewide ban on refusing Section 8 / source of income | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. |
|---|---|
| Eviction record sealing | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. The automatic shielding reportedly took effect Oct. 1, 2024 (secondary source; not confirmed in session-law text). § 8-503 cross-references the redemption right as '§ 8-401(g)', but redemption now appears at § 8-401(h), probably a renumbering. |
| Right to a lawyer in eviction | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Implementation is reportedly phased in and depends on funding. |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Maryland vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Maryland | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Md. Code, State Gov't §§ 20-705, 20-701(j) | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024) | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| Delaware | Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116 | By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. 25 Del. C. § 5720 (85 Del. Laws c. 106) | Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. 25 Del. C. §§ 5601-5607 |
| Pennsylvania | No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. 43 P.S. 955(h) (PHRA s. 5(h)) | No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. 2025-2026 HB 1095 (pending) | No statewide right to counsel in eviction cases. 68 P.S. 250.501-250.513 |
| Virginia | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. Va. Code § 36-96.3(A) | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Va. Code § 8.01-130.01 | Not verified yet |
| West Virginia | Not verified yet | Not verified yet | Not verified yet |
| District of Columbia | Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. D.C. Code § 2-1402.21(a), (e) | Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. D.C. Code §§ 42-3505.09, 42-3505.10(d) | Not verified yet |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Maryland Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Maryland?
Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. (Md. Code, State Gov't §§ 20-705, 20-701(j))
Can an eviction record be sealed or removed in Maryland?
Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. (Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024))
Do tenants have a right to a free lawyer in eviction cases in Maryland?
Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. (Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.