Maryland 2022 2022 Regular Session

Maryland Senate Bill SB560 Chaptered / Bill

Filed 05/02/2022

                     LAWRENCE J. HOGAN, JR., Governor Ch. 184 
 
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Chapter 184 
(Senate Bill 560) 
 
AN ACT concerning 
 
Maryland Economic Development Corporation – Student Housing 
Requirements – Leases and Health or Safety Emergencies – Applications and 
Occupancy Agreements 
 
FOR the purpose of requiring certain residential leases between the Maryland Economic 
Development Corporation and certain students living in student housing owned by 
the Corporation to be presented in a certain manner and include a certain notice; 
requiring the Corporation to give certain notice and abide by certain protocols 
regarding University System of Maryland students living in student housing owned 
by the Corporation if the University closes the institution or center the student 
attends due to a health or safety emergency institutions of higher education to 
provide certain information to students who are applying to be a resident of certain 
types of student housing; requiring an occupancy agreement between a student and 
the Maryland Economic Development Corporation to include certain information; 
and generally relating to the Maryland Economic Development Corporation and 
requirements for student housing.  
 
BY renumbering 
 Article – Economic Development 
Section 10–131 and 10–132, respectively 
to be Section 10–133 and 10–134, 10–132 and 10–133, respectively 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
BY adding to 
 Article – Economic Development 
Section 10–131 and 10–132 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That Section(s) 10–131 and 10–132, respectively, of Article – Economic Development of the 
Annotated Code of Maryland be renumbered to be Section(s) 10–133 and 10–134, 10–132 
and 10–133, respectively. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows: 
 
Article – Economic Development 
 
10–131.  Ch. 184 	2022 LAWS OF MARYLAND  
 
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 (A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (2) “CORPORATION STUDENT H OUSING PROJECT ” MEANS HOUSING 
THAT IS: 
 
 (I) A RESIDENCE HALL , DORMITORY , OR OTHER HOUSING 
UNITS ESTABLISHED UN DER THIS SUBTITLE ; 
 
 (II) OWNED OR OPERATED BY THE CORPORATION ; AND 
 
 (III) ON LAND LEASED BY TH E CORPORATION FROM THE 
UNIVERSITY SYSTEM OF MARYLAND.  
 
 (3) “OCCUPANCY AGREEMENT ” MEANS A LEASE , LICENSE, OR 
HOUSING CONTRACT FOR ANY CORPORATION STUDENT H OUSING PROJECT .  
 
 (B) A RESIDENTIAL LEASE BE TWEEN THE CORPORATION AND A STU DENT 
LIVING IN A CORPORATION STUDENT H OUSING PROJECT SHALL : 
 
 (1) HAVE AT LEAST ONE CO NSPICUOUS REFERENCE TO THE 
CORPORATION ON THE SI GNATURE PAGE ; AND  
 
 (2) MAKE EACH REFERENCE TO THE CORPORATION IN BOLD T YPE 
AND OTHERWISE EMPHAS IZED. 
 
 (C) THE CORPORATION SHALL INC LUDE AN ADDITIONAL NOTI CE WITH A 
CORPORATION STUDENT H OUSING PROJECT RESID ENTIAL LEASE THAT : 
 
 (1) STATES THAT THE CORPORATION IS THE LA NDLORD OF THE 
CORPORATION STUDENT H OUSING PROJECT ; AND  
 
 (2) PROVIDES CONTACT INF ORMATION FOR THE MAN AGEMENT 
COMPANY OF THE CORPORATION STUDENT H OUSING PROJECT . 
 
10–132. 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (2) “CENTER” HAS THE MEANING STAT ED IN § 12–101 OF THE 
EDUCATION ARTICLE. 
   LAWRENCE J. HOGAN, JR., Governor Ch. 184 
 
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 (3) “CONSTITUENT INSTITUTI ON” HAS THE MEANING STAT ED IN §  
12–101 OF THE EDUCATION ARTICLE. 
 
 (4) “CORPORATION STUDENT H OUSING PROJECT ” HAS THE MEANING 
STATED IN § 10–131 OF THIS SUBTITLE.  
 
 (5) “HEALTH OR SAFETY EMER GENCY” MEANS AN IMMINENT TH REAT 
OR OCCURRENCE OF SEVERE OR WIDESPREAD LOSS O F LIFE, INJURY, OR OTHER 
HEALTH IMPACTS , PROPERTY DAMAGE OR D ESTRUCTION, SOCIAL OR ECONOMIC 
DISRUPTION, OR ENVIRONMENTAL DEG	RADATION FROM NATURA	L, 
TECHNOLOGICAL , OR HUMAN–MADE CAUSES . 
 
 (6) “STUDENT–RESIDENT” MEANS A STUDENT WHO : 
 
 (I) IS ENROLLED AT A CON STITUENT INSTITUTION OR A 
CENTER; AND 
 
 (II) ENTERS INTO A RESIDE NTIAL LEASE WITH THE 
CORPORATION TO LIVE I N A CORPORATION STUDENT H OUSING PROJECT . 
 
 (B) THIS SECTION APPLIES ONLY TO A CORPORATION STUDENT H OUSING 
PROJECT AT A CONSTIT UENT INSTITUTION OR A CENTER. 
 
 (C) IF THE UNIVERSITY SYSTEM OF MARYLAND CLOSES A CON STITUENT 
INSTITUTION OR A CEN TER DUE TO A HEALTH OR SAFETY EMERGENCY , THE 
CORPORATION SHALL : 
 
 (1) GIVE STUDENT–RESIDENTS THE SAME N OTICE TO VACATE THAT IS 
GIVEN TO A RESIDENT OF STUDENT HOUSING O WNED BY THE CONSTITU ENT 
INSTITUTION OR CENTE R; AND 
 
 (2) ABIDE BY THE SAME LE ASE RELEASE PROTOCOL S THAT ARE IN 
PLACE FOR A RESIDENT OF STUDENT HOUSING O WNED BY THE CONSTITU ENT 
INSTITUTION OR CENTE R. 
 
 (B) (1) AN INSTITUTION OF HIG HER EDUCATION THAT L EASES LAND TO 
THE CORPORATION FOR THE P URPOSE OF PROVIDING STUDENT HOUSING SHAL L 
PROVIDE THE FOLLOWIN G INFORMATION WHEN A STUDENT APPLIES TO B E A 
RESIDENT OF EITHER A CORPORATION STUDENT H OUSING PROJECT OR A 
RESIDENCE HALL THAT IS O WNED BY THE INSTITUT ION OF HIGHER EDUCAT ION: 
 
 (I) THE NAMES OF ALL RES IDENCES THAT A STUDE NT MAY 
OCCUPY; 
  Ch. 184 	2022 LAWS OF MARYLAND  
 
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 (II) AN INDICATION OF THO SE RESIDENCES THAT A RE 
CORPORATION STUDENT H OUSING PROJECTS ; AND 
 
 (III) IN PLAIN LANGUAGE , A DIFFERENTIATION OF T HE 
IMPLICATIONS OF THE FOLLOWING REQUIRED O CCUPANCY AGREEMENT 
PROVISIONS FOR STUDE NTS LIVING IN CORPORATION STUDENT H OUSING 
PROJECTS COMPARED TO STUDENTS LIVING IN R ESIDENCE HALLS THAT ARE OWNED 
BY THE INSTITUTION O F HIGHER EDUCATION : 
 
 1.  TERMINATION ; 
 
 2.  FORCE MAJEURE ;  
 
 3. PARTIES TO THE AGREE MENT; AND 
 
 4. START AND END DATES TO THE OCCUPANCY PER IOD. 
 
 (2) THE INFORMATION REQUI RED UNDER PARAGRAPH (1)(III) OF 
THIS SUBSECTION SHAL L INCLUDE A STATEMEN T THAT: 
 
 (I) CORPORATION STUDENT H OUSING PROJECTS ARE NOT 
OWNED OR OPERATED BY THE INSTITUTION OF H IGHER EDUCATION ;  
 
 (II) THE OCCUPANCY AGREEM ENT THAT IS REQUIRED PRIOR TO 
TAKING POSSESSION OF A UNIT IN A CORPORATION STUDENT H OUSING PROJECT IS 
AN AGREEMENT BETWEEN THE CORPORATION AND THE S TUDENT AND NOT 
BETWEEN THE STUDENT AND THE INSTITUTION OF HIGHER EDUCATION ; AND 
 
 (III) EXPLAINS THE STUDENT ’S LIABILITY FOR RENT AL 
PAYMENTS IF THE STUD ENT VOLUNTARILY OR I NVOLUNTARILY VACATES THE 
CORPORATION STUDENT H OUSING PROJ ECT. 
 
 (C) (1) AN OCCUPANCY AGREEMEN T BETWEEN THE CORPORATION AND 
A STUDENT LIVING IN A CORPORATION STUDENT H OUSING PROJECT SHALL : 
 
 (I) INDICATE EACH REFERE NCE TO THE CORPORATION IN 
BOLD TYPE; 
 
 (II) STATE THAT THE CORPORATION IS THE OW NER OF THE 
CORPORATION STUDENT H OUSING PROJECT ; 
 
 (III) PROVIDE CONTACT INFO RMATION FOR THE MANA GEMENT 
COMPANY OF THE CORPORATION STUDENT H OUSING PROJECT ; AND  
   LAWRENCE J. HOGAN, JR., Governor Ch. 184 
 
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 (IV) IN PLAIN LANGUAGE , PROVIDE A DIFFERENTI ATION OF THE 
IMPLICATIONS OF THE FOLLOWING REQUIRED O CCUPANCY AGREEMENT 
PROVISIONS FOR STUDE NTS LIVING IN CORPORATION STUDENT H OUSING 
PROJECTS COMPARED TO STUDENTS LIVING IN R ESIDENCE HALLS THAT ARE OWNED 
BY THE INSTITUTION O F HIGHER EDUCATION : 
 
 1.  TERMINATION ; 
 
 2.  FORCE MAJEURE ;  
 
 3. PARTIES TO THE AGREEMENT ; AND 
 
 4. START AND END DATES TO THE OCCUPANCY PER IOD. 
 
 (2) THE INFORMATION REQUI RED UNDER PARAGRAPH (1)(IV) OF 
THIS SUBSECTION SHAL L INCLUDE A STATEMEN T THAT: 
 
 (I) CORPORATION STUDENT H OUSING PROJECTS ARE NOT 
OWNED OR OPERATED BY THE INSTITUTION OF HIGHE R EDUCATION;  
 
 (II) THE OCCUPANCY AGREEM ENT THAT IS REQUIRED PRIOR TO 
TAKING POSSESSION OF A UNIT IN A CORPORATION STUDENT H OUSING PROJECT IS 
AN AGREEMENT BETWEEN THE CORPORATION AND THE S TUDENT AND NOT 
BETWEEN THE STUDENT AND THE INSTITUTION OF HIGHER EDUCATION; AND 
 
 (III) EXPLAINS THE STUDENT ’S LIABILITY FOR RENT AL 
PAYMENTS IF THE STUD ENT VOLUNTARILY OR I NVOLUNTARILY VACATES THE 
CORPORATION STUDENT H OUSING PROJECT .  
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 
apply only prospectively and may not be applied or interpreted to have any effect on or 
application to any student–housing contracts entered into by the Maryland Economic 
Development Corporation before the effective date of this Act. 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2022. 
 
Approved by the Governor, April 21, 2022.