LAWRENCE J. HOGAN, JR., Governor Ch. 184 – 1 – 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 – 2 – (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 – 3 – (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 – 4 – (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 – 5 – (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.