Maryland 2022 Regular Session

Maryland House Bill HB392 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	hb0392
6	6
7	7	HOUSE BILL 392
8	8	N1 2lr1775
9	9
10	10	By: Delegate Stewart
11	11	Introduced and read first time: January 19, 2022
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Landlord and Tenant – Failure to Repair Serious and Dangerous Defects 2
19	19	– Tenant Remedies 3
20	20	(Tenant Justice Act) 4
21	21
22	22	FOR the purpose of authorizing a single tenant to seek remedies on behalf of a group of 5
23	23	tenants or a tenants’ organization for a landlord’s failure to repair serious and 6
24	24	dangerous defects on the leased premises; authorizing a tenant to bring a civil action 7
25	25	for money damages if a landlord fails to repair certain defects within a certain time 8
26	26	period; requiring the award of reasonable attorney’s fees to a tenant who prevails in 9
27	27	a certain action; and generally relating to a landlord’s duty to repair serious and 10
28	28	dangerous defects. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – Real Property 13
32	32	Section 8–211 14
33	33	Annotated Code of Maryland 15
34	34	(2015 Replacement Volume and 2021 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Real Property 19
40	40
41	41	8–211. 20
42	42
43	43	(a) (1) The purpose of this section is to provide tenants with a mechanism for 21
44	44	encouraging the repair of serious and dangerous defects which exist within or as part of 22
45	45	any residential dwelling unit, or upon the property used in common of which the dwelling 23
46	46	unit forms a part. 24
47	47	2 HOUSE BILL 392
48	48
49	49
50	50	(2) The defects sought to be reached by this section are those which present 1
51	51	a substantial and serious threat of danger to the life, health and safety of the occupants of 2
52	52	the dwelling unit, and not those which merely impair the aesthetic value of the premises, 3
53	53	or which are, in those locations governed by such codes, housing code violations of a 4
54	54	nondangerous nature. 5
55	55
56	56	(3) The intent of this section is not to provide a remedy for dangerous 6
57	57	conditions in the community at large which exists apart from the leased premises or the 7
58	58	property in common of which the leased premises forms a part. 8
59	59
60	60	(b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be 9
61	61	imposed upon those who allow dangerous conditions and defects to exist in leased premises, 10
62	62	and that an effective mechanism be established for repairing these conditions and halting 11
63	63	their creation. 12
64	64
65	65	(c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
66	66	SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose 14
67	67	of human habitation within the State [of Maryland. This section does not apply to farm 15
68	68	tenancies. 16
69	69
70	70	(d) This section applies to all applicable dwelling units] whether they are [(1) 17
71	71	publicly]: 18
72	72
73	73	(I) PUBLICLY or privately owned; or[(2) single] 19
74	74
75	75	(II) SINGLE or multiple units. 20
76	76
77	77	(2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES. 21
78	78
79	79	[(e)] (D) This section provides a remedy and imposes an obligation upon 22
80	80	landlords to repair and eliminate conditions and defects which constitute, or if not promptly 23
81	81	corrected will constitute, a fire hazard or a serious and substantial threat to the life, health 24
82	82	or safety of occupants, including, but not limited to: 25
83	83
84	84	(1) Lack of heat, light, electricity, or hot or cold running water, except 26
85	85	where the tenant is responsible for the payment of the utilities and the lack thereof is the 27
86	86	direct result of the tenant’s failure to pay the charges; 28
87	87
88	88	(2) Lack of adequate sewage disposal facilities; 29
89	89
90	90	(3) Infestation of rodents in two or more dwelling units; 30
91	91
92	92	(4) The existence of any structural defect which presents a serious and 31
93	93	substantial threat to the physical safety of the occupants; or 32
94	94
95	95	(5) The existence of any condition which presents a health or fire hazard to 33 HOUSE BILL 392 3
96	96
97	97
98	98	the dwelling unit. 1
99	99
100	100	[(f)] (E) (1) This section does not provide a remedy for the landlord’s failure 2
101	101	to repair and eliminate minor defects or, in those locations governed by such codes, housing 3
102	102	code violations of a nondangerous nature. 4
103	103
104	104	(2) There is a rebuttable presumption that the following conditions, when 5
105	105	they do not present a serious and substantial threat to the life, health and safety of the 6
106	106	occupants, are not covered by this section: 7
107	107
108	108	[(1)] (I) Any defect which merely reduces the aesthetic value of the leased 8
109	109	premises, such as the lack of fresh paint, rugs, carpets, paneling or other decorative 9
110	110	amenities; 10
111	111
112	112	[(2)] (II) Small cracks in the walls, floors or ceilings; 11
113	113
114	114	[(3)] (III) The absence of linoleum or tile upon the floors, provided that they 12
115	115	are otherwise safe and structurally sound; or 13
116	116
117	117	[(4)] (IV) The absence of air conditioning. 14
118	118
119	119	(F) (1) A GROUP OF TENANTS OR A TENANTS’ ORGANIZATION MAY 15
120	120	EMPLOY THE REMEDIES PROVIDED UNDER THIS SECTION FOR ANY VIOLATION 16
121	121	OCCURRING: 17
122	122
123	123	(I) IN MULTIPLE DWELLING UNITS LOCATED WITHIN THE SAME 18
124	124	PREMISES OWNED BY THE SAME LANDLORD ; OR 19
125	125
126	126	(II) ON THE PROPERTY IN CO MMON OF WHICH THE LE ASED 20
127	127	PREMISES FORM A PART . 21
128	128
129	129	(2) A SINGLE TENANT MAY SEEK REMEDIES UNDER THIS SECTION ON 22
130	130	BEHALF OF A GROUP OF TENANTS OR A TENANTS’ ORGANIZATION . 23
131	131
132	132	(3) FOR PURPOSES OF THIS SECTION, A GROUP OF TENANTS OR A 24
133	133	TENANTS’ ORGANIZATION MAY BE INCORPORATED OR UNINCORPORATED . 25
134	134
135	135	(g) (1) In order to employ the remedies provided by this section, the tenant 26
136	136	shall notify the landlord of the existence of the defects or conditions. 27
137	137
138	138	(2) Notice shall be given by [(1) a]: 28
139	139
140	140	(I) A written communication sent by certified mail listing the 29
141	141	asserted conditions or defects[, or (2) actual]; 30
142	142	4 HOUSE BILL 392
143	143
144	144
145	145	(II) ACTUAL notice of the defects or conditions[,]; or [(3) a] 1
146	146
147	147	(III) A written violation, condemnation or other notice from an 2
148	148	appropriate State, county, municipal or local government agency stating the asserted 3
149	149	conditions or defects. 4
150	150
151	151	(h) (1) The landlord has a reasonable time after receipt of notice in which to 5
152	152	make the repairs or correct the conditions. 6
153	153
154	154	(2) The length of time deemed to be reasonable is a question of fact for the 7
155	155	court, taking into account the severity of the defects or conditions and the danger which 8
156	156	they present to the occupants. 9
157	157
158	158	(3) There is a rebuttable presumption that a period in excess of 30 days 10
159	159	from receipt of notice is unreasonable. 11
160	160
161	161	(i) If the landlord refuses to make the repairs or correct the conditions, or if after 12
162	162	a reasonable time the landlord has failed to do so, the tenant may bring an action of rent 13
163	163	escrow to pay rent into court because of the asserted defects or conditions, or the tenant 14
164	164	may refuse to pay rent and raise the existence of the asserted defects or conditions as an 15
165	165	affirmative defense to an action for distress for rent or to any complaint proceeding brought 16
166	166	by the landlord to recover rent or the possession of the leased premises. 17
167	167
168	168	(j) (1) Whether the issue of rent escrow is raised affirmatively or defensively, 18
169	169	the tenant may request one or more of the forms of relief set forth in this section. 19
170	170
171	171	(2) In addition to any other relief sought, if within 90 days after the court 20
172	172	finds that the conditions complained of by the tenant exist the landlord has not made the 21
173	173	repairs or corrected the conditions complained of, the tenant may file [a]: 22
174	174
175	175	(I) A petition of injunction in the District Court requesting the court 23
176	176	to order the landlord to make the repairs or correct the conditions; OR 24
177	177
178	178	(II) AN ACTION FOR MONEY D AMAGES AGAINST THE L ANDLORD 25
179	179	AND ANY OTHER PARTY THAT HAS CONTROL OVER THE ELEMENTS AFFECTED BY THE 26
180	180	ASSERTED DEFECTS OR CONDITIONS, SUCH AS A PROPERTY M ANAGEMENT 27
181	181	COMPANY. 28
182	182
183	183	(3) A TENANT WHO PREVAILS IN AN ACTION UNDER T HIS SUBSECTION 29
184	184	IS ENTITLED TO REASO NABLE ATTORNEY ’S FEES. 30
185	185
186	186	(k) Relief under this section is conditioned upon: 31
187	187
188	188	(1) Giving proper notice, and where appropriate, the opportunity to correct, 32
189	189	as described by subsection (h) of this section. 33
190	190	HOUSE BILL 392 5
191	191
192	192
193	193	(2) Payment by the tenant, into court, of the amount of rent required by 1
194	194	the lease, unless this amount is modified by the court as provided in subsection (m) of this 2
195	195	section. 3
196	196
197	197	(3) In the case of tenancies measured by a period of one month or more, the 4
198	198	court having not entered against the tenant 3 prior judgments of possession for rent due 5
199	199	and unpaid in the 12–month period immediately prior to the initiation of the action by the 6
200	200	tenant or by the landlord. 7
201	201
202	202	(4) In the case of periodic tenancies measured by the weekly payment of 8
203	203	rent, the court having not entered against the tenant more than 5 judgments of possession 9
204	204	for rent due and unpaid in the 12–month period immediately prior to the initiation of the 10
205	205	action by the tenant or by the landlord, or, if the tenant has lived on the premises [six] 6 11
206	206	months or less, the court having not entered against the tenant 3 judgments of possession 12
207	207	for rent due and unpaid. 13
208	208
209	209	(l) It is a sufficient defense to the allegations of the tenant that the tenant, the 14
210	210	tenant’s family, agent, employees, or assignees or social guests have caused the asserted 15
211	211	defects or conditions, or that the landlord or the landlord’s agents were denied reasonable 16
212	212	and appropriate entry for the purpose of correcting or repairing the asserted conditions or 17
213	213	defects. 18
214	214
215	215	(m) The court shall make appropriate findings of fact and make any order that the 19
216	216	justice of the case may require, including any one or a combination of the following: 20
217	217
218	218	(1) Order the termination of the lease and return of the leased premises to 21
219	219	the landlord, subject to the tenant’s right of redemption; 22
220	220
221	221	(2) Order that the action for rent escrow be dismissed; 23
222	222
223	223	(3) Order that the amount of rent required by the lease, whether paid into 24
224	224	court or to the landlord, be abated and reduced in an amount determined by the court to be 25
225	225	fair and equitable to represent the existence of the conditions or defects found by the court 26
226	226	to exist; or 27
227	227
228	228	(4) Order the landlord to make the repairs or correct the conditions 28
229	229	complained of by the tenant and found by the court to exist. 29
230	230
231	231	(n) After rent escrow has been established, the court: 30
232	232
233	233	(1) Shall, after a hearing, if so ordered by the court or one is requested by 31
234	234	the landlord, order that the money in the escrow account be disbursed to the landlord after 32
235	235	the necessary repairs have been made; 33
236	236
237	237	(2) May, after an appropriate hearing, order that some or all money in the 34
238	238	escrow account be paid to the landlord or the landlord’s agent, the tenant or the tenant’s 35
239	239	agent, or any other appropriate person or agency for the purpose of making the necessary 36 6 HOUSE BILL 392
240	240
241	241
242	242	repairs of the dangerous conditions or defects; 1
243	243
244	244	(3) May, after a hearing if one is requested by the landlord, appoint a 2
245	245	special administrator who shall cause the repairs to be made, and who shall apply to the 3
246	246	court to pay for them out of the money in the escrow account; 4
247	247
248	248	(4) May, after an appropriate hearing, order that some or all money in the 5
249	249	escrow account be disbursed to pay any mortgage or deed of trust on the property in order 6
250	250	to stay a foreclosure; 7
251	251
252	252	(5) May, after a hearing, if one is requested by the tenant, order, if no 8
253	253	repairs are made or if no good faith effort to repair is made within [six] 6 months of the 9
254	254	initial decision to place money in the escrow account, that the money in the escrow account 10
255	255	be disbursed to the tenant. Such an order will not discharge the right on the part of the 11
256	256	tenant to pay rent into court and an appeal will stay the forfeiture; or 12
257	257
258	258	(6) May, after an appropriate hearing, order that the money in the escrow 13
259	259	account be disbursed to the landlord if the tenant does not regularly pay, into that account, 14
260	260	the rent owed. 15
261	261
262	262	(o) Except as provided in § 8–211.1(e) of this subtitle, in the event any county or 16
263	263	Baltimore City is subject to a public local law or has enacted an ordinance or ordinances 17
264	264	comparable in subject matter to this section, commonly referred to as a “Rent Escrow Law”, 18
265	265	any such ordinance or ordinances shall supersede the provisions of this section. 19
266	266
267	267	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
268	268	October 1, 2022. 21