On July 28, 2025, the Supreme Court of Maryland ruled that Brown, Goldstein & Levy client Katrina Hare may move forward with her source-of-income-discrimination lawsuit against her landlord. Ms. Hare is represented by BGL’s Lauren DiMartino and Andy Freeman, with James Ray serving as co-counsel.
The case was filed after landlord David S. Brown Enterprises denied Ms. Hare’s application for an apartment because she did not satisfy a policy requiring applicants to demonstrate an income of at least 2.5 times the full monthly market rent, even though Ms. Hare would only be responsible for a small portion of the rent—$126—and the housing authority would have paid the larger portion covered by her voucher. This policy excludes the overwhelming majority of voucher holders in Maryland, in violation of the Housing Opportunities Made Equal (HOME) Act.
The Baltimore County Circuit Court initially ruled against Ms. Hare, holding that because the landlord applied its “2.5 times the full rent” policy to all applicants, it was not discriminatory. The Supreme Court overturned that decision. It sent the case back to the trial court to apply a disparate-impact analysis to Ms. Hare’s complaint.
Chief Justice Fader, writing for a unanimous court, stated that “the relevant question is not whether Ms. Hare was treated the same as others with different sources of income, but whether the application of the minimum-income requirement, even though facially neutral, results in a discriminatory impact against holders of housing choice vouchers.”
“The Supreme Court of Maryland has stated—unambiguously—that landlords cannot hide behind facially-neutral policies to exclude tenants they deem undesirable. The Court’s holding that the disparate-impact test applies to the HOME Act will protect the rights of tens of thousands of Marylanders.” Lauren said. “This is a major opinion that ensures that neighborhoods of opportunity will be accessible to all, regardless of their source of income.”
In speaking to The Daily Record about the opinion, Lauren said the Court’s ruling sent a “sufficient signal to landlords that the court is watching.”
Lauren, who has represented Ms. Hare since she appealed, successfully bypassed the Appellate Court to appeal directly to the Supreme Court of Maryland and argued this case before the Supreme Court of Maryland in Annapolis earlier this year, challenging landlords’ use of minimum-income screening policies to discriminate against voucher holders – describing the policy as an “insidious” way to get around the HOME Act. Lauren also contended that the landlord’s policy is unlawful because “voucher holders — and only voucher holders – are required to show an income that is untethered from their financial obligation.” The Court agreed, confirming that “[t]he policy is entirely divorced from Ms. Hare’s ability to pay the portion of the rent she was responsible for,” and thus was neither “legitimate nor nondiscriminatory.”
The Maryland Attorney General’s Office filed an amicus brief in support of Ms. Hare that reported that more than 200,000 people in over 101,000 Maryland households rely on federally funded-housing vouchers, with thousands more benefiting from assistance from the State. Amici Public Justice Center, Lawyers’ Committee for Civil Rights Under the Law, National Housing Law Project, National Fair Housing Alliance, Homeless Persons Representation Project, Fair Housing Justice Center, Disability Rights Maryland, Poverty & Race Research Action Council, Baltimore Regional Housing Partnership, Maryland Legal Aid, and Housing Works also filed a brief in support of Ms. Hare.
Read the Supreme Court of Maryland’s opinion here.
Learn more about BGL’s Appellate and Fair Housing practices.
LEARN MORE ABOUT LAUREN DIMARTINO
Lauren’s client-centered practice is focused on ensuring diverse communities can thrive, whether it’s through challenging various types of discrimination including in housing, holding government actors accountable, or advocating for local businesses embroiled in dispute. She has a robust practice involving the Fair Housing Act, utilizing it to assist individuals and non-profits impacted by discriminatory conduct and to challenge systems perpetuating segregation. Learn more about Lauren here.
LEARN MORE ABOUT ANDY FREEMAN
Andy Freeman obtains results for his clients. A partner at Brown, Goldstein & Levy, he has won numerous verdicts, judgments and settlements of millions, tens of millions, and in one case, over one billion dollars by mastering the relevant law and getting to know his clients, their problems and the evidence in their cases. Andy has a history of winning difficult cases with complicated combinations of law and facts or novel legal issues. Learn more about Andy here.
Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.
PLEASE FIND MEDIA COVERAGE BELOW
MD Supreme Court allows source-of-income lawsuit to move forward | The Daily Record (August 1, 2025)
Maryland Supreme Court rules housing voucher recipients can’t be denied home consideration | WMAR2 Baltimore (July 30, 2025)
Maryland Supreme Court bans income rules that discriminate against voucher holders | CoastTV News (July 30, 2025)
Court Ruling Expands Housing Access for Maryland Residents Who Use Vouchers | WGMD 92.7/98.5 The Talk of Delmarva (July 30, 2025)
Voucher holders gain legal victory as Maryland court strengthens fair housing protections | ABC 7News (July 29, 2025)
MD Supreme Court hears arguments in source-of-income housing discrimination case | The Daily Record Maryland (May 7, 2025)