Marquis Howard recalls sweating over every word he wrote in the box on the housing application that asked about his criminal conviction. Even though he had gone back to school, earned degrees, and held a good job, he reasonably feared his application would be rejected due to a decades-old conviction. “I was so stressed,” said Howard, a senior organizer for Baltimoreans United in Leadership Development (BUILD). “It feels like a black cloud that looms over you that can take over at any time.” 

The cloud lifted significantly on Tuesday, May 26, when Maryland Governor Wes Moore signed the Fair Chance Housing Act into law. This legislation limits the use of criminal background checks in rental applications, a critical step toward giving formerly incarcerated Marylanders a fairer chance to secure housing. “Over a million people will be affected by the Fair Chance Housing Act,” said Howard. After listening to thousands of justice-impacted people, BUILD helped organize hundreds of people to rally, write letters, and urge their legislators to support this law.  “This is monumental.” 

Maryland joins New Jersey in having the strongest statewide housing discrimination protections for people who have a conviction history. Across the United States, similar legislation is percolating, as more leaders recognize that stable housing is necessary to safeguard public safety and help people break the cycle of incarceration. Michigan’s proposed Fair Chance Access to Housing Act is an example of similar legislation that, if passed, would help thousands of people thrive in stable homes.

Everyone deserves a place to call home. Stable housing is the foundation for a thriving life—family, work, and community. Access to stable and affordable housing substantially increases the likelihood that a person returning home from prison or jail will be able to receive family support, find a job, and avoid additional convictions. Equitable access to housing is truly a public safety issue. 

But every year, for the roughly 450,000 people released from prisons in the United States, housing restrictions on people with conviction histories pose a barrier to finding safe and stable homes. In fact, formerly incarcerated people are nearly 10 times more likely to lack housing than the general public. Lack of housing and housing instability make it hard for a formerly incarcerated person to establish their life back in their community. During the campaign for the Fair Chance Housing Act, Howard recalled one woman explaining that she struggled to leave an abusive relationship because she couldn’t find housing due to a criminal conviction. “She had nowhere to go,” he said. “Everywhere she was applying, she would get denied.” 

Once the Maryland Fair Chance Housing Act goes into effect on October 1, 2026, background checks will be postponed until a conditional offer of housing is made and will be limited to specific types of convictions within established timeframes. Additionally, the legislation allows applicants to undergo an individualized review of their conviction histories and present evidence of growth. This victory was supported by BUILD, the Public Justice Center, the NAACP Legal Defense Fund, Life After Release, Out for Justice, Maryland Legal Aid, and the Vera Institute for Justice. 

Since 2017, Vera has partnered with 22 public housing authorities across 12 states and several housing finance agencies to facilitate changes to admissions policies and develop programs to reunite families with their loved ones exiting incarceration. The Maryland Fair Chance Housing Act represents an important step forward for the broader rental market. 

“We applaud Maryland’s policymakers for recognizing that people with conviction histories should not face a lifetime of discrimination when it comes to something as fundamental as a place to live,” said John Bae, director of Vera’s Opening Doors to Housing initiative. 

Stable housing is the foundation for success. People should be able to return home from prison and rebuild their lives without being locked out of housing. By changing how landlords handle housing applications, legislators can help ensure a person’s future isn’t defined by their past.