Maryland 2022 Regular Session

Maryland House Bill HB367 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0367
6	6
7	7	HOUSE BILL 367
8	8	N1 EMERGENCY BILL 2lr1766
9	9
10	10	By: Delegates Williams, D. Barnes, Charles, W. Fisher, Guyton, Harrison, Henson,
11	11	Hill, Ivey, R. Jones, Landis, J. Lewis, Lierman, Pena–Melnyk, Ruth, Toles,
12	12	Washington, and Wilkins
13	13	Introduced and read first time: January 19, 2022
14	14	Assigned to: Environment and Transportation
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Landlord and Tenant – Repossession for Failure to Pay Rent – Rental Assistance 2
21	21	Programs 3
22	22
23	23	FOR the purpose of requiring a landlord of residential property to follow certain processes 4
24	24	and procedures concerning rental assistance programs in the State prior to filing a 5
25	25	complaint to repossess for failure to pay rent against a tenant experiencing certain 6
26	26	financial hardship; and generally relating to actions for repossession for failure to 7
27	27	pay rent. 8
28	28
29	29	BY repealing and reenacting, with amendments, 9
30	30	Article – Real Property 10
31	31	Section 8–401(a), (c), and (f)(1)(i) 11
32	32	Annotated Code of Maryland 12
33	33	(2015 Replacement Volume and 2021 Supplement) 13
34	34
35	35	BY adding to 14
36	36	Article – Real Property 15
37	37	Section 8–401.1 16
38	38	Annotated Code of Maryland 17
39	39	(2015 Replacement Volume and 2021 Supplement) 18
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 19
42	42	That the Laws of Maryland read as follows: 20
43	43
44	44	Article – Real Property 21
45	45
46	46	8–401. 22
47	47	2 HOUSE BILL 367
48	48
49	49
50	50	(a) [Whenever] SUBJECT TO § 8–401.1 OF THIS SUBTITLE , WHENEVER the 1
51	51	tenant or tenants fail to pay the rent when due and payable, it shall be lawful for the 2
52	52	landlord to have again and repossess the premises in accordance with this section. 3
53	53
54	54	(c) (1) Before a landlord may file a complaint under this section AND 4
55	55	SUBJECT TO § 8–401.1 OF THIS SUBTITLE , the landlord shall provide to the tenant a 5
56	56	written notice of the landlord’s intent to file a claim in the District Court against the tenant 6
57	57	to recover possession of the residential premises if the tenant does not cure within 10 days 7
58	58	after the written notice is provided to the tenant. 8
59	59
60	60	(2) The written notice required under paragraph (1) of this subsection shall 9
61	61	be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 10
62	62
63	63	(i) Sent by first–class mail, certificate of mailing; 11
64	64
65	65	(ii) Affixed to the door of the premises; or 12
66	66
67	67	(iii) If elected by the tenant, sent by electronic delivery in at least one 13
68	68	of the following forms: 14
69	69
70	70	1. An e–mail message; 15
71	71
72	72	2. A text message; or 16
73	73
74	74	3. Through an electronic tenant portal. 17
75	75
76	76	(3) (i) A complaint for repossession filed in accordance with this section 18
77	77	shall include a statement that states and affirms the date on which the landlord provided 19
78	78	the notice required under paragraph (1) of this subsection. 20
79	79
80	80	(ii) A tenant may challenge assertions made by a landlord under this 21
81	81	paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 22
82	82	cause. 23
83	83
84	84	(f) (1) (i) Subject to the provisions of PARAGRAPH (2) of this subsection, if 24
85	85	judgment is given in favor of the landlord, and the tenant fails to comply with the 25
86	86	requirements of the order within 4 days, the court shall, at any time after the expiration of 26
87	87	the 4 days, issue its warrant, directed to any official of the county entitled to serve process, 27
88	88	ordering the official to cause the landlord to have again and repossess the property by 28
89	89	putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s 29
90	90	benefit) in possession thereof, and for that purpose to remove from the property, by force if 30
91	91	necessary, all the furniture, implements, tools, goods, effects or other chattels of every 31
92	92	description whatsoever belonging to the tenant, or to any person claiming or holding by or 32
93	93	under said tenant. 33
94	94
95	95	8–401.1. 34 HOUSE BILL 367 3
96	96
97	97
98	98
99	99	(A) IN THIS SECTION, “RENT RELIEF PROGRAM ” MEANS A FEDERAL , STATE, 1
100	100	OR LOCAL PROGRAM INT ENDED TO PROVIDE REN TAL ASSISTANCE TO TENANTS . 2
101	101
102	102	(B) THIS SECTION APPLIES ONLY TO AN ACTION TO REPOSSESS 3
103	103	RESIDENTIAL PROPERTY FOR FAILURE TO PAY R ENT IN ACCORDANCE WI TH § 8–401 4
104	104	OF THIS SUBTITLE AGA INST A TENANT THAT E ITHER DIRECTLY OR IN DIRECTLY DUE 5
105	105	TO OR DURING THE COVID–19 PANDEMIC: 6
106	106
107	107	(1) QUALIFIED FOR UNEMPLO YMENT BENEFITS ; 7
108	108
109	109	(2) EXPERIENCED A REDUCTI ON IN HOUSEHOLD INCO ME; 8
110	110
111	111	(3) INCURRED SIGNIFICANT COSTS; OR 9
112	112
113	113	(4) EXPERIENCED OTHER FIN ANCIAL HARDSHIP . 10
114	114
115	115	(C) EXCEPT AS PROVIDED UN DER SUBSECTION (E) OF THIS SECTION , 11
116	116	BEFORE A LANDLORD MA Y FILE A COMPLAINT T O REPOSSESS RESIDENT IAL 12
117	117	PROPERTY UNDER § 8–401 OF THIS SUBTITLE , THE LANDLORD SHALL P ROVIDE TO 13
118	118	THE TENANT WRITTEN N OTICE THAT: 14
119	119
120	120	(1) INFORMS THE TENANT OF RENT RELIEF PROGRAMS F OR WHICH 15
121	121	THE TENANT MAY BE EL IGIBLE; 16
122	122
123	123	(2) PROVIDES: 17
124	124
125	125	(I) THE WEBSITE ADDRESS A ND TELEPHONE NUMBER OF EACH 18
126	126	RENT RELIEF PROGRAM IDENTIFIED IN THE NO TICE; AND 19
127	127
128	128	(II) INFORMATION ON HOW TO REACH 2–1–1 MARYLAND IN 20
129	129	ORDER TO DETERMINE THE AVAILABILITY OF OTHER RENT RELIEF PR OGRAMS; AND 21
130	130
131	131	(3) INFORMS THE TENANT OF THE LANDLORD ’S RESPONSIBILITIES 22
132	132	UNDER SUBSECTION (D) OF THIS SECTION. 23
133	133
134	134	(D) (1) WITHIN 14 DAYS AFTER THE DATE ON WHICH A LANDLORD 24
135	135	PROVIDES NOTICE IN A CCORDANCE WITH SUBSE CTION (C) OF THIS SECTION , THE 25
136	136	LANDLORD SHALL APPLY ON BEHALF OF THE TEN ANT FOR A RENT RELIE F 26
137	137	PROGRAM, UNLESS THE TENANT : 27
138	138
139	139	(I) PAYS IN FULL THE AMOU NT OF RENT DUE ; 28
140	140	4 HOUSE BILL 367
141	141
142	142
143	143	(II) ENTERS INTO A PAYMENT PLAN FOR THE FULL AM OUNT OF 1
144	144	RENT DUE WITH TERMS MUTUALLY AGREE D ON BY THE TENANT A ND THE 2
145	145	LANDLORD; OR 3
146	146
147	147	(III) INFORMS THE LANDLORD THAT THE TENANT HAS APPLIED 4
148	148	FOR RENTAL ASSISTANC E. 5
149	149
150	150	(2) IF A TENANT INFORMS A LANDLORD IN ACCORDAN CE WITH 6
151	151	PARAGRAPH (1) OF THIS SUBSECTION T HAT THE TENANT HAS A PPLIED FOR RENTAL 7
152	152	ASSISTANCE, THE LANDLORD SHALL P ROVIDE ALL INFORMATI ON NECESSARY TO 8
153	153	COMPLETE THE APPLICA TION THAT IS REQUEST ED BY THE TENANT OR A 9
154	154	REPRESENTATIVE OF TH E RENT RELIEF PROGRA M. 10
155	155
156	156	(E) A LANDLORD MAY FILE A COMPLAINT TO REPOSSE SS RESIDENTIAL 11
157	157	PROPERTY UNDER § 8–401 OF THIS SUBTITLE IF: 12
158	158
159	159	(1) FOR AN INITIAL APPLIC ATION FOR RENT RELIE F, THE LANDLORD 13
160	160	OR TENANT DOES NOT R ECEIVE WRITTEN APPRO VAL FROM A RENT RELI EF 14
161	161	PROGRAM WITHIN 45 DAYS AFTER THE DATE ON WHICH THE COMPLET ED 15
162	162	APPLICATION WAS SUBM ITTED; 16
163	163
164	164	(2) FOR A SECOND OR SUBSEQUENT APPLIC ATION FOR RENT RELIE F, 17
165	165	THE LANDLORD OR TENA NT DOES NOT RECEIVE WRITTEN APPROVAL FRO M A RENT 18
166	166	RELIEF PROGRAM WITHI N 14 DAYS AFTER THE DATE ON WHICH THE COMPLET ED 19
167	167	APPLICATION WAS SUBM ITTED; 20
168	168
169	169	(3) AFTER THE DATE ON WHI CH NOTICE IS PROVIDE D IN 21
170	170	ACCORDANCE WITH SUBS ECTION (C) OF THIS SECTION, THE TENANT REFUSES T O: 22
171	171
172	172	(I) APPLY FOR A RENT RELI EF PROGRAM ; OR 23
173	173
174	174	(II) PROVIDE THE INFORMATI ON NECESSARY FOR THE 24
175	175	LANDLORD TO APPLY TO A RENT RELIEF PROGRA M ON BEHALF OF THE T ENANT; 25
176	176
177	177	(4) A TENANT IS INELIGIBLE TO RECEIV E RENTAL ASSISTANCE FROM 26
178	178	A RENT RELIEF PROGRA M; OR 27
179	179
180	180	(5) THERE ARE NO REMAININ G FUNDS THROUGH THE FEDERAL 28
181	181	CARES ACT OR THE AMERICAN RESCUE PLAN OF 2021 DEDICATED FOR RENTAL 29
182	182	ASSISTANCE THROUGH R ENT RELIEF PROGRAMS IN THE STATE. 30
183	183
184	184	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 31
185	185	measure, is necessary for the immediate preservation of the public health or safety, has 32
186	186	been passed by a yea and nay vote supported by three–fifths of all the members elected to 33 HOUSE BILL 367 5
187	187
188	188
189	189	each of the two Houses of the General Assembly, and shall take effect from the date it is 1
190	190	enacted. It shall remain effective through June 30, 2023, and, at the end of June 30, 2023, 2
191	191	this Act, with no further action required by the General Assembly, shall be abrogated and 3
192	192	of no further force and effect. 4
193	193
194	194