Multifamily Housing Notice 26-14 Updated CDA Memo
Updated CDA Memo - Affirmative Fair Housing Marketing Plans and Tenant Selection Policies
The Maryland Department of Housing and Community Development remains committed to ensuring fair and open access to affordable housing and compliance with state and federal civil rights obligations. To that end, the Department has modified its requirements for Tenant Selection Plans to comply with the new legislation under the Maryland Fair Change Housing Act.
Originally published on August 5, 2024, this updated memo will continue DHCD’s long-standing commitment to affirmatively furthering fair housing and ensure that the tenant selection policies for projects receiving Department funding do not unjustifiably exclude people from housing opportunities in discriminatory ways.
On May 7, 2026, the State of Maryland enacted the Maryland Fair Chance Housing Act, (Senate Bill 937, codified at Md. Code Ann., Real Prop. §§ 8-218(b) and 8-2A-01 through 8-2A-12), effective on October 1, 2026. This law establishes certain restrictions on a landlord’s use of a prospective tenant’s criminal history records, in addition to other prohibitions.
Owners and/or managers of properties that have received LIHTC awards, program funds, or other subsidies from the Department are now required to submit a copy of their tenant selection plan or policy during application, compliance reviews, and as requested, to evidence compliance with the policies listed below. DHCD will review the tenant selection plan or policy and will reject any plan that isn’t in conformance. Additionally, projects must review and update their tenant selection plans at least every 5 years or more frequently if required by DHCD. Failure to comply with an approved tenant selection plan will be subject to compliance action by DHCD.
For full details, please view CDA Memo – Affirmative Fair Housing Marketing Plans and Tenant Selection Policy - PDF on our website.
Updated Frequently Asked Questions and CDA Form 202
The Frequently Asked Questions (FAQs) - PDF - 309.48 KB for the 2026 Competitive Funding Round 2 have been updated in the Multifamily Library on the Department’s website since they were initially posted. Please review the FAQs prior to submitting your application.
An updated version of the CDA Form 202 will be posted in the Multifamily Library by Friday, October 2, 2026 based on continued feedback. All projects applying under the Fall/Winter 2026 Competitive Funding Round are required to use the October 2026 version of the CDA Form 202.