EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0560* SENATE BILL 560 F2, C8, C9 2lr1257 CF HB 385 By: Senators Feldman and Rosapepe Introduced and read first time: January 31, 2022 Assigned to: Finance Reassigned: Budget and Taxation, February 4, 2022 Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 3, 2022 CHAPTER ______ AN ACT concerning 1 Maryland Economic Development Corporation – Student Housing 2 Requirements – Leases and Health or Safety Emergencies – Applications and 3 Occupancy Agreements 4 FOR the purpose of requiring certain residential leases between the Maryland Economic 5 Development Corporation and certain students living in student housing owned by 6 the Corporation to be presented in a certain manner and include a certain notice; 7 requiring the Corporation to give certain notice and abide by certain protocols 8 regarding University System of Maryland students living in student housing owned 9 by the Corporation if the University closes the institution or center the student 10 attends due to a health or safety emergency institutions of higher education to 11 provide certain information to students who are applying to be a resident of certain 12 types of student housing; requiring an occupancy agreement between a student and 13 the Maryland Economic Development Corporation to include certain information; 14 and generally relating to the Maryland Economic Development Corporation and 15 requirements for student housing. 16 BY renumbering 17 Article – Economic Development 18 Section 10–131 and 10–132, respectively 19 to be Section 10–133 and 10–134, 10–132 and 10–133, respectively 20 Annotated Code of Maryland 21 (2018 Replacement Volume and 2021 Supplement) 22 2 SENATE BILL 560 BY adding to 1 Article – Economic Development 2 Section 10–131 and 10–132 3 Annotated Code of Maryland 4 (2018 Replacement Volume and 2021 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That Section(s) 10–131 and 10–132, respectively, of Article – Economic Development of the 7 Annotated Code of Maryland be renumbered to be Section(s) 10–133 and 10–134, 10–132 8 and 10–133, respectively. 9 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10 as follows: 11 Article – Economic Development 12 10–131. 13 (A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 14 INDICATED. 15 (2) “CORPORATION STUDENT H OUSING PROJECT ” MEANS HOUSING 16 THAT IS: 17 (I) A RESIDENCE HALL , DORMITORY , OR OTHER HOUSING 18 UNITS ESTABLISHED UN DER THIS SUBTITLE ; 19 (II) OWNED OR OPERATED BY THE CORPORATION ; AND 20 (III) ON LAND LEASED BY TH E CORPORATION FROM TH E 21 UNIVERSITY SYSTEM OF MARYLAND. 22 (3) “OCCUPANCY AGREEMENT ” MEANS A LEASE , LICENSE, OR 23 HOUSING CONTRACT FOR ANY CORPORATION STUDENT H OUSING PROJECT . 24 (B) A RESIDENTIAL LEASE BE TWEEN THE CORPORATION AND A STU DENT 25 LIVING IN A CORPORATION STUDENT H OUSING PROJECT SHALL : 26 (1) HAVE AT LEAST ONE CO NSPICUOUS REFERENCE TO THE 27 CORPORATION ON THE SI GNATURE PAGE ; AND 28 (2) MAKE EACH REFERENCE TO THE CORPORATION IN BOLD T YPE 29 AND OTHERWISE EMPHAS IZED. 30 SENATE BILL 560 3 (C) THE CORPORATION SHALL INC LUDE AN ADDITIONAL N OTICE WITH A 1 CORPORATION STUDENT H OUSING PROJECT RESID ENTIAL LEASE THAT : 2 (1) STATES THAT THE CORPORATION IS THE LA NDLORD OF THE 3 CORPORATION STUDENT H OUSING PROJECT ; AND 4 (2) PROVIDES CONTACT INF ORMATION FOR THE MAN AGEMENT 5 COMPANY OF THE CORPORATION STUDENT H OUSING PROJECT. 6 10–132. 7 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8 INDICATED. 9 (2) “CENTER” HAS THE MEANING STAT ED IN § 12–101 OF THE 10 EDUCATION ARTICLE. 11 (3) “CONSTITUENT INSTITUTI ON” HAS THE MEANING STAT ED IN § 12 12–101 OF THE EDUCATION ARTICLE. 13 (4) “CORPORATION STUDENT H OUSING PROJECT ” HAS THE MEANING 14 STATED IN § 10–131 OF THIS SUBTITLE. 15 (5) “HEALTH OR SAFETY EMER GENCY” MEANS AN IMMINENT TH REAT 16 OR OCCURRENCE OF SEV ERE OR WIDESPREAD LO SS OF LIFE, INJURY, OR OTHER 17 HEALTH IMPACTS, PROPERTY DAMAGE OR D ESTRUCTION, SOCIAL OR ECONOMIC 18 DISRUPTION, OR ENVIRONMENTAL DEG RADATION FROM NATURA L, 19 TECHNOLOGICAL , OR HUMAN–MADE CAUSES . 20 (6) “STUDENT–RESIDENT” MEANS A STUDENT WHO : 21 (I) IS ENROLLED AT A CON STITUENT INSTITUTION OR A 22 CENTER; AND 23 (II) ENTERS INTO A RESIDE NTIAL LEASE WITH THE 24 CORPORATION TO LIVE I N A CORPORATION STUDENT H OUSING PROJECT . 25 (B) THIS SECTION APPLIES ONLY TO A CORPORATION STUDENT H OUSING 26 PROJECT AT A CONSTIT UENT INSTITUTION OR A CENTER. 27 (C) IF THE UNIVERSITY SYSTEM OF MARYLAND CLOSES A CON STITUENT 28 INSTITUTION OR A CEN TER DUE TO A HEALTH OR SAFETY EMERGENCY , THE 29 CORPORATION SHALL : 30 4 SENATE BILL 560 (1) GIVE STUDENT–RESIDENTS THE SAME N OTICE TO VACATE THAT IS 1 GIVEN TO A RESIDENT OF STUDENT HOUSING O WNED BY THE CONST ITUENT 2 INSTITUTION OR CENTE R; AND 3 (2) ABIDE BY THE SAME LE ASE RELEASE PROTOCOL S THAT ARE IN 4 PLACE FOR A RESIDENT OF STUDENT HOUSING O WNED BY THE CONSTITU ENT 5 INSTITUTION OR CENTE R. 6 (B) (1) AN INSTITUTION OF HIG HER EDUCATION THAT L EASES LAND TO 7 THE CORPORATION FOR THE PURP OSE OF PROVIDING STU DENT HOUSING SHALL 8 PROVIDE THE FOLLOWIN G INFORMATION WHEN A STUDENT APPLIES TO B E A 9 RESIDENT OF EITHER A CORPORATION STUDENT H OUSING PROJECT OR A 10 RESIDENCE HALL THAT IS OWNED BY THE INST ITUTION OF HIGHER ED UCATION: 11 (I) THE NAMES OF ALL RES IDENCES THAT A STUDE NT MAY 12 OCCUPY; 13 (II) AN INDICATION OF THO SE RESIDENCES THAT A RE 14 CORPORATION STUDENT H OUSING PROJECTS ; AND 15 (III) IN PLAIN LANGUAGE , A DIFFERENTIATION OF THE 16 IMPLICATIONS OF THE FOLLOWING REQUIRED OCCUPANCY AGREEMENT 17 PROVISIONS FOR STUDE NTS LIVING IN CORPORATION STUDENT H OUSING 18 PROJECTS COMPARED TO STUDENTS LIVING IN R ESIDENCE HALLS THAT ARE OWNED 19 BY THE INSTITUTION O F HIGHER EDUCATION : 20 1. TERMINATION ; 21 2. FORCE MAJEURE ; 22 3. PARTIES TO THE AGREEMENT ; AND 23 4. START AND END DATES TO THE OCCUPANCY PER IOD. 24 (2) THE INFORMATION REQUI RED UNDER PARAGRAPH (1)(III) OF 25 THIS SUBSECTION SHAL L INCLUDE A STATEMEN T THAT: 26 (I) CORPORATION STUDENT H OUSING PROJECTS ARE NOT 27 OWNED OR OPERATED BY THE INSTITUTION OF H IGHER EDUCATION ; 28 (II) THE OCCUPANCY AGREEM ENT THAT IS REQUIRED PRIOR TO 29 TAKING POSSESSION OF A UNIT IN A CORPORATION STUDENT H OUSING PROJECT IS 30 AN AGREEMENT BETWEEN THE CORPORATION AND THE S TUDENT AND NOT 31 BETWEEN THE STUDENT AND THE INSTITUTION OF H IGHER EDUCATION ; AND 32 SENATE BILL 560 5 (III) EXPLAINS THE STUDENT ’S LIABILITY FOR RENT AL 1 PAYMENTS IF THE STUD ENT VOLUNTARILY OR I NVOLUNTARILY VACATES THE 2 CORPORATION STUDENT H OUSING PROJECT . 3 (C) (1) AN OCCUPANCY AGREEMEN T BETWEEN THE CORPORATION AN D 4 A STUDENT LIVING IN A CORPORATION STUDENT H OUSING PROJECT SHALL : 5 (I) INDICATE EACH REFERE NCE TO THE CORPORATION IN 6 BOLD TYPE; 7 (II) STATE THAT THE CORPORATION IS THE OW NER OF THE 8 CORPORATION STUDENT H OUSING PROJECT ; 9 (III) PROVIDE CONTACT INFO RMATION FOR THE MANA GEMENT 10 COMPANY OF THE CORPORATION STUDENT H OUSING PROJECT ; AND 11 (IV) IN PLAIN LANGUAGE , PROVIDE A DIFFERENTI ATION OF THE 12 IMPLICATIONS OF THE FOLLOWING REQUIRED O CCUPANCY AGREEMENT 13 PROVISIONS FOR STUDE NTS LIVING I N CORPORATION STUDENT H OUSING 14 PROJECTS COMPARED TO STUDENTS LIVING IN R ESIDENCE HALLS THAT ARE OWNED 15 BY THE INSTITUTION O F HIGHER EDUCATION : 16 1. TERMINATION ; 17 2. FORCE MAJEURE ; 18 3. PARTIES TO THE AGREE MENT; AND 19 4. START AND END DATES TO THE OCCUPANCY PERIOD . 20 (2) THE INFORMATION REQUI RED UNDER PARAGRAPH (1)(IV) OF 21 THIS SUBSECTION SHAL L INCLUDE A STATEMEN T THAT: 22 (I) CORPORATION STUDENT H OUSING PROJECTS ARE NOT 23 OWNED OR OPERATED BY THE INSTITUTION OF H IGHER EDUCATION ; 24 (II) THE OCCUPANCY AGREEMENT THAT IS REQUIRED PRI OR TO 25 TAKING POSSESSION OF A UNIT IN A CORPORATION STUDENT H OUSING PROJECT IS 26 AN AGREEMENT BETWEEN THE CORPORATION AND THE S TUDENT AND NOT 27 BETWEEN THE STUDENT AND THE INSTITUTION OF HIGHER EDUCATION ; AND 28 6 SENATE BILL 560 (III) EXPLAINS THE STUDENT ’S LIABILITY FOR RENT AL 1 PAYMENTS IF THE STUD ENT VOLUNTARILY OR I NVOLUNTARILY VACATES THE 2 CORPORATION STUDENT H OUSING PROJECT . 3 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 4 apply only prospectively and may not be applied or interpreted to have any effect on or 5 application to any student–housing contracts entered into by the Maryland Economic 6 Development Corporation before the effective date of this Act. 7 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8 1, 2022. 9 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.