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Last page edit
12/17/07
Researching
Housing Law in Maryland
Housing law is a broad area of law that includes landlord and tenant disputes,
mortgage lending and other issues related to housing purchases, and entitlement
to subsidized housing. 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.
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.)
The Regulations - these
are additional rules that are created and enforced by the Federal and State
government agencies.
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 housing law 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.
Links to Maryland selected housing law statutes:
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Md. Code Real Property Article, Title 8: Landlord and Tenant
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Md. Code Real Property Article, Title 10: Sales of Property
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Md. Code Real Property Article, Title 4: Requisites of Valid Instruments (Deeds)
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Md. Code Real Property Article, Title 3: Recordation (of Deeds)
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Md. Code Real Property Art., Title 7: Mortgages, Deeds of Trust, and Vendor's Liens
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Md. Code Real Property Article, Title 11: Condominium Act
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Md. Code Real Property Article, Title 12: Eminent Domain
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Md. Code Real Property Article, Table of Contents
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Md. Code Art. 44A: Housing Authorities (low and moderate income housing)
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:
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The Fair Housing Act, 42 U.S.C. Sections 3601-3631 (prohibits discrimination in the sale or rental of housing)
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The Equal Credit Opportunity Act, 15 U.S.C. Sections 1691-1691f (prohibits discrimination in lending)
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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 for housing and community development)
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42 U.S.C. Sections 1404a-1436d: Low Income Housing
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 Department of Housing and Community Development offers assistance to persons developing or improving housing. It also provides rental assistance programs such as Section 8. The Department's regulations are published officially in Title 5 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). The Department's regulations are also available electronically on the Division of State Documents home page.
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, landlords in federal housing, 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.
Forms
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Maryland Real Estate Forms / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr. Baltimore, Md. : Rykim International Pub. Co., 1983- (looseleaf for updating).
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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).
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Maryland Department of Housing and Community Development Forms & Applications
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HUD Forms for downloading at HUDClips.org
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HUD Grants
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HUD Complaint Forms. For housing discrimination, faulty manufactured housing, deceptive contractors, bad landlords in federal housing, etc.
Resources for Additional Help
The resources below may help you to understand housing 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.
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Guide to Local, State and Federal Laws Governing Tenant-Landlord Relations : Including Laws Prohibiting Discrimination in Housing. Baltimore, Md. : Baltimore Neighborhoods, 2003.
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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.
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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).
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Maryland Landlord-Tenant Law, Practice, and Procedure / by Douglas M. Bregman and Gary G. Everngam. 2nd ed. Charlottesville, Va. : Michie Co., 1994.
Baltimore Neighborhoods, Inc.
Cases
There are several ways to begin
research into housing 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.
For more information on researching Maryland case law, see Finding Maryland Case Law, Finding Federal Case Law, and Finding Case Law by Subject.
Source: Sara Kelley, Librarian University
of Maryland School of Law.
Last Review Date 9/25/03 (MLAN/AC)
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