Maryland Section 8 Rules: Vouchers Protected as Source of Income

Short answer: Maryland Section 8 rules ban refusing to rent because of your source of income, and the state’s definition in State Gov’t § 20-701(j) names housing vouchers issued under the United States Housing Act of 1937. The ban lives in § 20-705, with one notable carve-out in § 20-704: a resident owner renting rooms, or an apartment in a building of five or fewer rental units, may still turn down a voucher.

So most Maryland apartments must consider you on the same terms as any other applicant, while the small owner-occupied rental is the main place a “no vouchers” answer stays legal. The rest of this guide explains how that exemption is drawn, which agencies issue vouchers (the state itself runs the program on much of the Eastern Shore), and what HUD’s rules add once you sign.

Quick reference: Maryland Section 8 rules

How Maryland’s source-of-income law reads

Section 20-705(1) lists the traits a landlord may not use to refuse a rental: race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income, and military status. Section 20-701(j)(1) defines source of income as “any lawful source of money paid directly or indirectly to or on behalf of a renter,” and (j)(2)(ii) spells out that this includes rental assistance programs, among them “low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937.”

That last phrase is the Housing Choice Voucher program. In a covered building, then, a landlord’s refusal to rent to you because you will pay with a voucher is a refusal based on source of income, and that is worth documenting and taking to a fair housing organization or legal aid.

What a landlord may still do

Section 20-704(d) keeps three things lawful. A landlord may check your ability to pay by reviewing income and credit, as long as it is done in a nondiscriminatory, consistent way. A landlord may refuse to count income from criminal activity. And lenders may assess mortgage repayment under other laws. The fair-and-consistent condition is the key: a screen applied only to voucher holders, or a minimum-income rule that counts your full rent rather than your share, is worth questioning.

The small-landlord carve-out

Section 20-704(a)(2) exempts renting rooms in a home the owner keeps as a principal residence, and renting an apartment in an owner-occupied dwelling with five or fewer rental units. For source of income, that exemption applies only where the income is federal low-income housing certificates or vouchers. In plain terms: the resident owner of a small building may decline your voucher, but may not refuse you because your income is Social Security, child support or another lawful source.

Maryland’s voucher agencies

Maryland has many local housing authorities and one state agency that steps in where no local program exists.

• Maryland Department of Housing and Community Development (DHCD). According to its voucher program page, DHCD directly runs vouchers in Caroline, Dorchester, Kent, Somerset, Talbot, Wicomico and Worcester counties and the City of Elkton. Its list last opened from April 1 to April 30, 2026, and is now closed. DHCD accepts every application but places people on the list by lottery, so applying does not guarantee a spot. Status checks go through its Waitlist Status Portal.
• Housing Opportunities Commission of Montgomery County (HOC). HOC reports more than 8,000 households holding its vouchers. In late September 2026 it posted a “Wait List Transition Proposal,” a sign its application process is changing, so check HOC directly before relying on older instructions.
• Baltimore City, Baltimore County, Prince George’s County and others run their own programs and lists. Apply to each jurisdiction where you would be willing to live.

Federal program rules, briefly

Your monthly share is the federal total tenant payment in 24 CFR 5.628: the highest of 30 percent of adjusted monthly income, 10 percent of gross, or a couple of other floors. Picking a unit that rents above the payment standard is allowed, but 24 CFR 982.508 holds your starting share to 40 percent of adjusted monthly income.

Units pass a housing quality inspection before move-in and at least every other year under 24 CFR 982.405. Income is re-examined at least annually per 24 CFR 982.516. A voucher can usually move with you to another housing agency’s area under 24 CFR 982.353, which matters in a state where a short drive crosses into Delaware, Virginia or D.C.

A voucher landlord who wants you out mid-lease needs a lease violation, a law violation or other good cause, must copy the housing authority on the notice, and can evict only through court under 24 CFR 982.310. Maryland’s court process is in our Maryland eviction process guide.

Worked example: two landlords in Salisbury

Tasha holds a DHCD voucher in Wicomico County. She earns $1,900 a month and has one son, so after the $480 dependent deduction listed in 24 CFR 5.611 (adjusted yearly by HUD) her adjusted monthly income is $1,860. Thirty percent is $558, her base share.

On August 4, a 40-unit complex tells her it “isn’t set up for vouchers.” That refusal runs into § 20-705, because the complex is not owner-occupied and vouchers are a protected source of income. The next day, an owner who lives in one half of a duplex declines her voucher. Under § 20-704(a)(2) that owner is exempt for voucher income. Estimate your own share with our Section 8 rent calculator.

Getting your application together

1. IDs for adults and Social Security numbers for every household member.
2. Your most recent pay stubs, plus benefit award letters and child support orders.
3. Recent bank statements.
4. Your current lease or a letter from the person you stay with.
5. Any paperwork supporting a local preference, such as disability, veteran or homeless status.

Keep confirmation numbers from every list you join and update your address with each agency when you move.

Frequently Asked Questions

Can a Maryland landlord require income of three times the rent from a voucher holder?

Section 20-704(d) lets landlords evaluate ability to pay through income and credit, but only in a nondiscriminatory, consistent way. Measuring a voucher holder against the full rent instead of the portion they actually pay can work as a back-door refusal, and it is worth raising with a fair housing agency or legal aid.

Does the owner-occupied exemption cover a basement apartment in a house?

Section 20-704(a)(2) covers rooms in the owner’s principal residence and apartments in an owner-occupied dwelling with five or fewer rental units, and for source of income it reaches only voucher income. If the owner lives on site and the building is that small, the owner may decline a voucher.

Who runs vouchers on the Eastern Shore?

DHCD itself runs the program in Caroline, Dorchester, Kent, Somerset, Talbot, Wicomico and Worcester counties and in Elkton. It uses a lottery to place applicants on its waiting list.

Does Maryland protect Social Security or child support as income too?

Yes. The § 20-701(j) definition covers any lawful source of money paid to or for a renter, and the small-landlord exemption applies only to voucher income, not to other lawful sources.

Can I keep my voucher if I move from Montgomery County to Baltimore?

Generally yes, through portability under 24 CFR 982.353. If you lived outside HOC’s area when you first applied, HOC can make you wait 12 months before moving it.

Your next step is to check DHCD’s and your county agency’s list status, then read our explainer on how Section 8 works, Maryland tenant rights and Maryland security deposit law. Other states are at Section 8 rules by state. This is general information, not legal advice; for help with a refusal, see LSC’s get legal help page.

Sources

• Md. Code, State Gov’t § 20-705
• Md. Code, State Gov’t § 20-701
• Md. Code, State Gov’t § 20-704
• Maryland DHCD, Housing Choice Voucher Program
• Housing Opportunities Commission of Montgomery County
• 24 CFR 5.628
• 24 CFR 5.611
• 24 CFR 982.508
• 24 CFR 982.405
• 24 CFR 982.516
• 24 CFR 982.353
• 24 CFR 982.310
• Legal Services Corporation