Maryland 2022 Regular Session

Maryland Senate Bill SB223 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	sb0223
6	6
7	7	SENATE BILL 223
8	8	D1, N1 2lr1308
9	9	SB 530/21 – JPR CF 2lr1525
10	10	By: The President (By Request – Office of the Attorney General)
11	11	Introduced and read first time: January 12, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Landlord and Tenant – Eviction Actions – Filing Surcharge and Prohibited 2
19	19	Lease Provisions 3
20	20
21	21	FOR the purpose of increasing the surcharge that the District Court is required to assess 4
22	22	for filing a civil case for summary ejectment, tenant holding over, or breach of lease 5
23	23	that seeks a judgment for possession of residential property against a residential 6
24	24	tenant; requiring the District Court to assess the surcharge against a landlord and 7
25	25	prohibiting the court from awarding or assigning the surcharge against a residential 8
26	26	tenant; prohibiting a landlord from including in a residential lease a provision that 9
27	27	obligates a tenant to be responsible for the surcharge; and generally relating to court 10
28	28	surcharges for eviction filings. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – Courts and Judicial Proceedings 13
32	32	Section 7–301(c) 14
33	33	Annotated Code of Maryland 15
34	34	(2020 Replacement Volume and 2021 Supplement) 16
35	35
36	36	BY repealing and reenacting, with amendments, 17
37	37	Article – Real Property 18
38	38	Section 8–208(d)(7) and (8) and 8–401(b)(2) 19
39	39	Annotated Code of Maryland 20
40	40	(2015 Replacement Volume and 2021 Supplement) 21
41	41
42	42	BY adding to 22
43	43	Article – Real Property 23
44	44	Section 8–208(d)(9) 24
45	45	Annotated Code of Maryland 25
46	46	(2015 Replacement Volume and 2021 Supplement) 26
47	47
48	48	BY repealing and reenacting, without amendments, 27 2 SENATE BILL 223
49	49
50	50
51	51	Article – Real Property 1
52	52	Section 8–401(a) and (b)(1) 2
53	53	Annotated Code of Maryland 3
54	54	(2015 Replacement Volume and 2021 Supplement) 4
55	55
56	56	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57	57	That the Laws of Maryland read as follows: 6
58	58
59	59	Article – Courts and Judicial Proceedings 7
60	60
61	61	7–301. 8
62	62
63	63	(c) (1) The filing fees and costs in a civil case are those prescribed by law 9
64	64	subject to modification by law, rule, or administrative regulation. 10
65	65
66	66	(2) The Chief Judge of the District Court shall assess a surcharge that: 11
67	67
68	68	(i) May not be more than: 12
69	69
70	70	1. [$8] $73 per [summary ejectment] case FOR SUMMARY 13
71	71	EJECTMENT, TENANT HOLDING OVER , OR BREACH OF LEASE T HAT SEEKS A 14
72	72	JUDGMENT FOR POSSESS ION OF RESIDENTIAL P ROPERTY AGAINST A RE SIDENTIAL 15
73	73	TENANT; and 16
74	74
75	75	2. $18 per case for all other civil cases; [and] 17
76	76
77	77	(ii) IF ASSESSED UNDER ITE M (I)1 OF THIS PARAGR APH, SHALL 18
78	78	BE ASSESSED AGAINST A LANDLORD AND MAY N OT BE AWARDED OR ASS IGNED BY 19
79	79	THE DISTRICT COURT AS A FEE OR COS T AGAINST A RESIDENT IAL TENANT; AND 20
80	80
81	81	(III) Shall be deposited into the Maryland Legal Services Corporation 21
82	82	Fund established under § 11–402 of the Human Services Article. 22
83	83
84	84	(3) (i) In addition to the surcharge assessed under paragraph (2) of this 23
85	85	subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 24
86	86	more than $10 per case for the following cases filed in Baltimore City: 25
87	87
88	88	1. Summary ejectment; 26
89	89
90	90	2. Tenant holding over; 27
91	91
92	92	3. Breach of lease; and 28
93	93
94	94	4. Warrant of restitution. 29
95	95
96	96	(ii) The revenue generated from the surcharge on filing fees collected 30 SENATE BILL 223 3
97	97
98	98
99	99	by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 1
100	100
101	101	1. Remitted quarterly to the Baltimore City Director of 2
102	102	Finance; and 3
103	103
104	104	2. Used to fund the enhancement of sheriff benefits and the 4
105	105	increase in sheriff personnel to enhance the service of domestic violence orders. 5
106	106
107	107	(4) In addition to the surcharge assessed under paragraphs (2) and (3) of 6
108	108	this subsection, the Chief Judge of the District Court shall assess a surcharge that: 7
109	109
110	110	(i) May not be more than: 8
111	111
112	112	1. $3 per summary ejectment case; and 9
113	113
114	114	2. $8 per case for all other civil cases; and 10
115	115
116	116	(ii) Shall be deposited into the Circuit Court Real Property Records 11
117	117	Improvement Fund established under § 13–602 of this article. 12
118	118
119	119	(5) The Court of Appeals may provide by rule for waiver of prepayment of 13
120	120	filing fees and other costs in cases of indigency. 14
121	121
122	122	Article – Real Property 15
123	123
124	124	8–208. 16
125	125
126	126	(d) A landlord may not use a lease or form of lease containing any provision that: 17
127	127
128	128	(7) Is against public policy and void pursuant to § 8–105 of this title; [or] 18
129	129
130	130	(8) Permits a landlord to commence an eviction proceeding or issue a notice 19
131	131	to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant 20
132	132	organization with the purpose of negotiating collectively with the landlord; OR 21
133	133
134	134	(9) PROVIDES THAT A TENANT IS RESPONSIBLE FOR , OR REQUIRES A 22
135	135	TENANT TO AGREE TO B E RESPONSIBLE FOR , PAYMENT OF A FILING SURCHARGE 23
136	136	ASSESSED AGAINST THE LANDLORD BY THE DISTRICT COURT UNDER § 24
137	137	7–301(C)(2)(I)1 OF THE COURTS ARTICLE. 25
138	138
139	139	8–401. 26
140	140
141	141	(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 27
142	142	shall be lawful for the landlord to have again and repossess the premises in accordance 28
143	143	with this section. 29
144	144	4 SENATE BILL 223
145	145
146	146
147	147	(b) (1) Whenever any landlord shall desire to repossess any premises to which 1
148	148	the landlord is entitled under the provisions of subsection (a) of this section, the landlord 2
149	149	or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 3
150	150	completed the procedures required under subsection (c) of this section. 4
151	151
152	152	(2) After completing the procedures required under subsection (c) of this 5
153	153	section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 6
154	154	written complaint under oath or affirmation, in the District Court of the county wherein 7
155	155	the property is situated: 8
156	156
157	157	(i) Describing in general terms the property sought to be 9
158	158	repossessed; 10
159	159
160	160	(ii) Setting forth the name of each tenant to whom the property is 11
161	161	rented or any assignee or subtenant; 12
162	162
163	163	(iii) Stating the amount of rent and any late fees due and unpaid, less 13
164	164	the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 14
165	165	the Public Utilities Article; 15
166	166
167	167	(iv) Requesting to repossess the premises and, if requested by the 16
168	168	landlord, a judgment for the amount of rent due, costs, EXCLUDING ANY SURCHA RGE 17
169	169	ASSESSED AGAINST THE LANDLORD UNDER § 7–301(C)(2)(I)1 OF THE COURTS 18
170	170	ARTICLE, and any late fees, less the amount of any utility bills, fees, or security deposits 19
171	171	paid by a tenant under § 7–309 of the Public Utilities Article; 20
172	172
173	173	(v) If applicable, stating that, to the best of the landlord’s knowledge, 21
174	174	the tenant is deceased, intestate, and without next of kin; and 22
175	175
176	176	(vi) If the property to be repossessed is an affected property as 23
177	177	defined in § 6–801 of the Environment Article, stating that the landlord has registered the 24
178	178	affected property as required under § 6–811 of the Environment Article and renewed the 25
179	179	registration as required under § 6–812 of the Environment Article and: 26
180	180
181	181	1. A. If the current tenant moved into the property on or 27
182	182	after February 24, 1996, stating the inspection certificate number for the inspection 28
183	183	conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 29
184	184	or 30
185	185
186	186	B. On or after February 24, 2006, stating the inspection 31
187	187	certificate number for the inspection conducted for the current tenancy as required under 32
188	188	§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 33
189	189
190	190	2. Stating that the owner is unable to provide an inspection 34
191	191	certificate number because: 35
192	192
193	193	A. The owner has requested that the tenant allow the owner 36 SENATE BILL 223 5
194	194
195	195
196	196	access to the property to perform the work required under Title 6, Subtitle 8 of the 1
197	197	Environment Article; 2
198	198
199	199	B. The owner has offered to relocate the tenant in order to 3
200	200	allow the owner to perform work if the work will disturb the paint on the interior surfaces 4
201	201	of the property and to pay the reasonable expenses the tenant would incur directly related 5
202	202	to the relocation; and 6
203	203
204	204	C. The tenant has refused to allow access to the owner or 7
205	205	refused to vacate the property in order for the owner to perform the required work. 8
206	206
207	207	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 9
208	208	1, 2022. 10
209	209