Ban The Box FAQs - Housing

Ban the Box, officially the Fair Criminal Record Screening Standards Revised Law (Bill 49-20), was enacted by Montgomery County Council April 20, 2021 and signed into law by the County Executive on July 20, 2021. The law prohibits housing providers from inquiring about arrests, accusations of crime, or criminal convictions in the application process until a conditional offer is made.

Ban the Box prohibits potential housing providers from, before a conditional offer is made:

• On the rental application, inquiring about any (1) arrest or accusation of crime or (2) criminal conviction.
• Before a conditional offer, (1) inquiring about any arrest or accusation of crime; (2) inquiring about any criminal conviction or (3) conducting any background check or inquiries regarding any arrest, accusation of crime, or criminal conviction.

A potential housing provider may make inquiry regarding an applicant’s arrest, accusation of crime, or conviction before a conditional offer is made only if first voluntarily disclosed by the applicant. Once such information is voluntarily provided by the applicant the landlord may ask follow up questions to clarify information. In addition, potential housing providers must disclose in any rental application the process used to inquire into the criminal history or credit history of the applicant, and report requirements.

Assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment and enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families. Encourage the hiring of people with criminal records and to ensure that employers screen applicants based on their work qualifications, without sole consideration of their prior criminal history.

July 20, 2021

With certain specified exceptions, the law applies to the County and all private employers doing business in the County that employ 1 or more full-time employees in the County.

The law does not apply if the inquiries prohibited by the Article are expressly required by an applicable federal or State law or regulation.

A violation of the Ordinance may require any housing provider except the County to pay a civil penalty to the County of up to $1,000 for each violation. Complainant will not receive any compensation or other damages for a violation of Ban the Box. violation of the Ordinance may require any employer except the County to pay a civil penalty to the County of up to $1,000 for each violation. Complainant will not receive any compensation or other damages for a violation of Ban the Box.

The Montgomery County Office of Human Rights enforces the ordinance.

If you feel that your potential or current housing provider has violated Ban the Box, you can file a complaint with the Montgomery County Office of Human Rights (MCOHR). You can complete a complaint form in person at our office Monday through Friday from 8:30 am - 4:00 pm. You can also print a copy of the form from our website, complete the form and send it to our office. Telephone calls and inquiries are also welcome at any time during business hours.

Your case will be assigned to an investigator for a formal investigation. Every effort will be made to determine the existence of a violation of this ordinance. If a violation is found; every attempt will be made to resolve the complaint. If evidence of no violation is determined, then the case will be dismissed.

For more information on how to file a complaint call the Office of Human Rights at 240-777-8450 or visit the website at www.montgomerycountymd.gov/humanrights .