Bill > HB392

This bill amends Maryland law to specifically permit fair housing testers to legally intercept oral communications under certain controlled circumstances. The bill allows individuals working as fair housing testers for government entities (federal, state, or local) or nonprofit civil rights organizations to record conversations if they are a direct party to the communication and the recording is intended to gather evidence of potential fair housing law violations. A "fair housing tester" is essentially an investigator who seeks to uncover discriminatory housing practices by deliberately placing themselves in situations to test whether housing providers are treating people equally. The bill strictly limits the use of these intercepted communications, specifying that they may only be used for the purpose of enforcing fair housing laws and cannot be used as evidence in other types of legal proceedings. The bill defines a "nonprofit civil rights organization" as either a qualified fair housing enforcement organization or a tax-exempt organization with at least two years of experience in complaint intake, investigation, and testing for fair housing violations. The legislation will take effect on October 1, 2025, providing a clear legal framework for fair housing testing while protecting the intended use of such intercepted communications.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0392?ys=2025RS