Researching Home Ownership Law in Maryland

Home ownership law is a broad area of law that includes property taxation, deeds, mortgage lending and other issues related to housing purchases, and condominium law. Depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both. Here are some of the specific places to start. 

• Summaries of the Maryland law on private landlord tenant.

• Summary of housing discrimination law.

• Researching subsidized housing law in Maryland.

In addition, here is an overview of the entire area of housing law - Maryland and Federal. 

The Law (the bills passed by the Maryland General Assembly and the federal Congress, which have become statutes.)

• Maryland Statutes

• Federal Statutes

The Regulations - these are additional rules that are created and enforced by the Federal and State government agencies.

• Maryland Regulations

• Federal Regulations

The Cases (Court Decisions)                                    Forms                                       Library Resources

Maryland Statutes
In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by Lexis-Nexis. 
Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

  For more information on researching Maryland statutes, see Finding Statutes and Searching for Maryland Statutes When You Don't Have a Citation.

Federal Statutes
The official source of the federal statutes is the United States Code. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. Because there is no up-to-date free version of the United States Code on the web, we will not link to it here. However, below are some important federal housing-related statutes that you might want to look up in print:

• The Fair Housing Act, 42 U.S.C. Sections 3601-3631 (prohibits discrimination in the sale or rental of housing)

• The Department of Housing and Urban Development Act, 42 U.S.C. Sections 3531-3549 (created the Department of Housing and Urban Development, which provides assistance with home buying, development, and improvements)

• The Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sections 5401-5426

For more information on researching federal statutes, see Finding Statutes and Searching the United States Code When You Don't Have a Citation.

Maryland Regulations
The Maryland State Department of Assessments and Taxation ("SDAT") appraises taxable property at market value and certifies property values to local governments for tax purposes. The SDAT's regulations are published officially in Title 18 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (SAILOR). SDAT's regulations are also available electronically here.

The Maryland Department of Housing and Community Development ("DHCD") offers assistance to persons developing or improving housing. The DHCD's regulations are published officially in Title 5 of COMAR. DHCD's regulations are also available electronically here.

The Maryland Commissioner of Financial Regulation regulates mortgage lenders, bankers, and brokers. The Commissioner's regulations are available in the print version of COMAR, and electronically by clicking here.
  For more information on researching Maryland administrative regulations, see Finding Regulations and Finding Maryland Regulations without a Citation.

Federal Regulations.
The U.S. Department of Housing and Urban Development offers grants, loans, and other assistance to persons purchasing, developing, or improving housing. It also investigates complaints against deceptive contractors and housing discrimination. The Department's regulations are published officially in Title 24 of CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (SAILOR). The Department's regulations are also available electronically on the GPO Access home page.

For more information on researching federal administrative regulations, see Finding Regulations and Finding Federal Regulations When You Don't Have a CFR Citation.

City and County Ordinances
Zoning laws (laws about where, when, and how different types of structures may be built) are a matter of local law. Your local law library or public library will probably have a copy of your city's or county's ordinances, in which you can research zoning issues. The Baltimore City Code is available on the web. A list of other Maryland municipal codes is also available on the web. You can also find contact information, including links to web sites, for many local government offices by checking the Maryland Manual Online.

Forms

• Maryland Real Estate Forms / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr. Baltimore, Md. : Rykim International Pub. Co., 1983- (looseleaf for updating).

• Residential Real Estate Transactions / Young Lawyers' Section, Bar Assn. of Baltimore City ; Searle E. Mitnick, Ann Clary Gordon, editors. 3rd ed. Baltimore, Md. : Maryland Institute for Continuing Professional Education of Lawyers, 1995- (looseleaf for updating).

• HUD Forms for downloading at HUDClips.org

• HUD Grants

• HUD Complaint Forms. For housing discrimination, faulty manufactured housing, deceptive contractors, etc.

Resources for Additional Help
The resources below may help you to understand home ownership law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

• Mastering Real Estate Titles and Title Insurance in Maryland / Lawrence s. Conn, Gordon B. Heyman, J. Paul Rieger, Jr. Eau Claire, WI: National Business Institue, 2000.

• Residential Real Estate Transactions / Young Lawyers' Section, Bar Assn. of Baltimore City ; Searle E. Mitnick, Ann Clary Gordon, editors. 3rd ed. Baltimore, Md. : Maryland Institute for Continuing Professional Education of Lawyers, 1995- (looseleaf for updating).

Cases
There are several ways to begin research into home ownership case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.