Evidence - Interception of Oral Communications - Fair Housing Testing

HB 392 allows fair housing testers working for approved programs (federal, state, local governments, or qualified nonprofits) to legally record oral communications during housing tests to gather evidence of discrimination. It specifically permits recording only when the tester is a party to the conversation and the purpose is to document potential fair housing violations under federal, state, or local law. Evidence obtained this way can only be used to enforce fair housing laws - not in other legal proceedings. The bill amends Maryland’s electronic surveillance laws to create this limited exception, effective October 1, 2025.