Maryland 2022 2022 Regular Session

Maryland Senate Bill SB560 Engrossed / Bill

Filed 03/15/2022

                     
 
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.