EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0367*
HOUSE BILL 367
N1 EMERGENCY BILL 2lr1766
By: Delegates Williams, D. Barnes, Charles, W. Fisher, Guyton, Harrison, Henson,
Hill, Ivey, R. Jones, Landis, J. Lewis, Lierman, Pena–Melnyk, Ruth, Toles,
Washington, and Wilkins
Introduced and read first time: January 19, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Repossession for Failure to Pay Rent – Rental Assistance 2
Programs 3
FOR the purpose of requiring a landlord of residential property to follow certain processes 4
and procedures concerning rental assistance programs in the State prior to filing a 5
complaint to repossess for failure to pay rent against a tenant experiencing certain 6
financial hardship; and generally relating to actions for repossession for failure to 7
pay rent. 8
BY repealing and reenacting, with amendments, 9
Article – Real Property 10
Section 8–401(a), (c), and (f)(1)(i) 11
Annotated Code of Maryland 12
(2015 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Real Property 15
Section 8–401.1 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Real Property 21
8–401. 22
2 HOUSE BILL 367
(a) [Whenever] SUBJECT TO § 8–401.1 OF THIS SUBTITLE , WHENEVER the 1
tenant or tenants fail to pay the rent when due and payable, it shall be lawful for the 2
landlord to have again and repossess the premises in accordance with this section. 3
(c) (1) Before a landlord may file a complaint under this section AND 4
SUBJECT TO § 8–401.1 OF THIS SUBTITLE , the landlord shall provide to the tenant a 5
written notice of the landlord’s intent to file a claim in the District Court against the tenant 6
to recover possession of the residential premises if the tenant does not cure within 10 days 7
after the written notice is provided to the tenant. 8
(2) The written notice required under paragraph (1) of this subsection shall 9
be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 10
(i) Sent by first–class mail, certificate of mailing; 11
(ii) Affixed to the door of the premises; or 12
(iii) If elected by the tenant, sent by electronic delivery in at least one 13
of the following forms: 14
1. An e–mail message; 15
2. A text message; or 16
3. Through an electronic tenant portal. 17
(3) (i) A complaint for repossession filed in accordance with this section 18
shall include a statement that states and affirms the date on which the landlord provided 19
the notice required under paragraph (1) of this subsection. 20
(ii) A tenant may challenge assertions made by a landlord under this 21
paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 22
cause. 23
(f) (1) (i) Subject to the provisions of PARAGRAPH (2) of this subsection, if 24
judgment is given in favor of the landlord, and the tenant fails to comply with the 25
requirements of the order within 4 days, the court shall, at any time after the expiration of 26
the 4 days, issue its warrant, directed to any official of the county entitled to serve process, 27
ordering the official to cause the landlord to have again and repossess the property by 28
putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s 29
benefit) in possession thereof, and for that purpose to remove from the property, by force if 30
necessary, all the furniture, implements, tools, goods, effects or other chattels of every 31
description whatsoever belonging to the tenant, or to any person claiming or holding by or 32
under said tenant. 33
8–401.1. 34 HOUSE BILL 367 3
(A) IN THIS SECTION, “RENT RELIEF PROGRAM ” MEANS A FEDERAL , STATE, 1
OR LOCAL PROGRAM INT ENDED TO PROVIDE REN TAL ASSISTANCE TO TENANTS . 2
(B) THIS SECTION APPLIES ONLY TO AN ACTION TO REPOSSESS 3
RESIDENTIAL PROPERTY FOR FAILURE TO PAY R ENT IN ACCORDANCE WI TH § 8–401 4
OF THIS SUBTITLE AGA INST A TENANT THAT E ITHER DIRECTLY OR IN DIRECTLY DUE 5
TO OR DURING THE COVID–19 PANDEMIC: 6
(1) QUALIFIED FOR UNEMPLO YMENT BENEFITS ; 7
(2) EXPERIENCED A REDUCTI ON IN HOUSEHOLD INCO ME; 8
(3) INCURRED SIGNIFICANT COSTS; OR 9
(4) EXPERIENCED OTHER FIN ANCIAL HARDSHIP . 10
(C) EXCEPT AS PROVIDED UN DER SUBSECTION (E) OF THIS SECTION , 11
BEFORE A LANDLORD MA Y FILE A COMPLAINT T O REPOSSESS RESIDENT IAL 12
PROPERTY UNDER § 8–401 OF THIS SUBTITLE , THE LANDLORD SHALL P ROVIDE TO 13
THE TENANT WRITTEN N OTICE THAT: 14
(1) INFORMS THE TENANT OF RENT RELIEF PROGRAMS F OR WHICH 15
THE TENANT MAY BE EL IGIBLE; 16
(2) PROVIDES: 17
(I) THE WEBSITE ADDRESS A ND TELEPHONE NUMBER OF EACH 18
RENT RELIEF PROGRAM IDENTIFIED IN THE NO TICE; AND 19
(II) INFORMATION ON HOW TO REACH 2–1–1 MARYLAND IN 20
ORDER TO DETERMINE THE AVAILABILITY OF OTHER RENT RELIEF PR OGRAMS; AND 21
(3) INFORMS THE TENANT OF THE LANDLORD ’S RESPONSIBILITIES 22
UNDER SUBSECTION (D) OF THIS SECTION. 23
(D) (1) WITHIN 14 DAYS AFTER THE DATE ON WHICH A LANDLORD 24
PROVIDES NOTICE IN A CCORDANCE WITH SUBSE CTION (C) OF THIS SECTION , THE 25
LANDLORD SHALL APPLY ON BEHALF OF THE TEN ANT FOR A RENT RELIE F 26
PROGRAM, UNLESS THE TENANT : 27
(I) PAYS IN FULL THE AMOU NT OF RENT DUE ; 28
4 HOUSE BILL 367
(II) ENTERS INTO A PAYMENT PLAN FOR THE FULL AM OUNT OF 1
RENT DUE WITH TERMS MUTUALLY AGREE D ON BY THE TENANT A ND THE 2
LANDLORD; OR 3
(III) INFORMS THE LANDLORD THAT THE TENANT HAS APPLIED 4
FOR RENTAL ASSISTANC E. 5
(2) IF A TENANT INFORMS A LANDLORD IN ACCORDAN CE WITH 6
PARAGRAPH (1) OF THIS SUBSECTION T HAT THE TENANT HAS A PPLIED FOR RENTAL 7
ASSISTANCE, THE LANDLORD SHALL P ROVIDE ALL INFORMATI ON NECESSARY TO 8
COMPLETE THE APPLICA TION THAT IS REQUEST ED BY THE TENANT OR A 9
REPRESENTATIVE OF TH E RENT RELIEF PROGRA M. 10
(E) A LANDLORD MAY FILE A COMPLAINT TO REPOSSE SS RESIDENTIAL 11
PROPERTY UNDER § 8–401 OF THIS SUBTITLE IF: 12
(1) FOR AN INITIAL APPLIC ATION FOR RENT RELIE F, THE LANDLORD 13
OR TENANT DOES NOT R ECEIVE WRITTEN APPRO VAL FROM A RENT RELI EF 14
PROGRAM WITHIN 45 DAYS AFTER THE DATE ON WHICH THE COMPLET ED 15
APPLICATION WAS SUBM ITTED; 16
(2) FOR A SECOND OR SUBSEQUENT APPLIC ATION FOR RENT RELIE F, 17
THE LANDLORD OR TENA NT DOES NOT RECEIVE WRITTEN APPROVAL FRO M A RENT 18
RELIEF PROGRAM WITHI N 14 DAYS AFTER THE DATE ON WHICH THE COMPLET ED 19
APPLICATION WAS SUBM ITTED; 20
(3) AFTER THE DATE ON WHI CH NOTICE IS PROVIDE D IN 21
ACCORDANCE WITH SUBS ECTION (C) OF THIS SECTION, THE TENANT REFUSES T O: 22
(I) APPLY FOR A RENT RELI EF PROGRAM ; OR 23
(II) PROVIDE THE INFORMATI ON NECESSARY FOR THE 24
LANDLORD TO APPLY TO A RENT RELIEF PROGRA M ON BEHALF OF THE T ENANT; 25
(4) A TENANT IS INELIGIBLE TO RECEIV E RENTAL ASSISTANCE FROM 26
A RENT RELIEF PROGRA M; OR 27
(5) THERE ARE NO REMAININ G FUNDS THROUGH THE FEDERAL 28
CARES ACT OR THE AMERICAN RESCUE PLAN OF 2021 DEDICATED FOR RENTAL 29
ASSISTANCE THROUGH R ENT RELIEF PROGRAMS IN THE STATE. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 31
measure, is necessary for the immediate preservation of the public health or safety, has 32
been passed by a yea and nay vote supported by three–fifths of all the members elected to 33 HOUSE BILL 367 5
each of the two Houses of the General Assembly, and shall take effect from the date it is 1
enacted. It shall remain effective through June 30, 2023, and, at the end of June 30, 2023, 2
this Act, with no further action required by the General Assembly, shall be abrogated and 3
of no further force and effect. 4