EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0882*
HOUSE BILL 882
N1 3lr2071
CF SB 770
By: Delegate Smith
Introduced and read first time: February 9, 2023
Assigned to: Judiciary and Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Holding Over – Landlord Restrictions and Tenant 2
Remedies 3
FOR the purpose of establishing that the District Court has exclusive original civil 4
jurisdiction over certain residential eviction cases; clarifying that a tenant holding 5
over may file a petition for injunctive relief under certain circumstances; authorizing 6
a landlord in Baltimore City to take possession of a dwelling only under certain 7
circumstances; providing that this Act may not be construed to prohibit a landlord 8
in Baltimore City from taking certain measures to secure an unsecured premises if 9
the landlord makes a good faith attempt to provide certain notice and promptly 10
restores possession of the property to the tenant; authorizing certain tenant’s rights 11
in Baltimore City to be enforced by injunctive relief; and generally relating to tenant 12
and landlord rights. 13
BY repealing and reenacting, with amendments, 14
Article – Courts and Judicial Proceedings 15
Section 4–401(7) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Real Property 20
Section 8–216 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2022 Supplement) 23
BY repealing and reenacting, with amendments, 24
The Public Local Laws of Baltimore City 25
Section 9–15 26
Article 4 – Public Local Laws of Maryland 27
(1979 Edition and 1997 Supplement and 2000 Supplement, as amended) 28 2 HOUSE BILL 882
(As enacted by Chapters 637 and 638 of the Acts of the General Assembly of 2018) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Courts and Judicial Proceedings 4
4–401. 5
Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 6
Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 7
(7) A petition of injunction filed by: 8
(i) A tenant in an action under § 8–211 of the Real Property Article 9
or a local rent escrow law; [or] 10
(ii) A person who brings an action under § 14–120, § 14–125.1, or § 11
14–125.2 of the Real Property Article; OR 12
(III) A TENANT IN AN ACTION FOR INJUNCTI VE RELIEF OR 13
DAMAGES UNDER : 14
1. § 8–216 OF THE REAL PROPERTY ARTICLE; OR 15
2. A LOCAL LAW GOVERNING THE EVICTIONS OF 16
RESIDENTIAL TENANTS ; 17
Article – Real Property 18
8–216. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Threaten to take possession” means using words or actions intended to 21
convince a reasonable person that the landlord intends to take imminent possession of the 22
property in violation of this section. 23
(3) (i) “Willful diminution of services” means intentionally interrupting 24
or causing the interruption of heat, running water, hot water, electricity, or gas by the 25
landlord for the purpose of forcing a tenant to abandon the property. 26
(ii) “Willful diminution of services” does not include a landlord 27
choosing not to continue to pay for utility service for residential property after a final court 28
order awarding possession of the residential property, if the landlord has provided the 29 HOUSE BILL 882 3
tenant reasonable notice of the landlord’s intention and the opportunity for the tenant to 1
open an account in the tenant’s name for that service. 2
(b) (1) Except as provided in paragraph (2) of this subsection, a landlord may 3
not take possession or threaten to take possession of a dwelling unit from a tenant or tenant 4
holding over by locking the tenant out or any other action, including willful diminution of 5
services to the tenant. 6
(2) A landlord may take possession of a dwelling unit from a tenant or 7
tenant holding over only: 8
(i) In accordance with a warrant of restitution issued by a court and 9
executed by a sheriff or constable; or 10
(ii) If the tenant has abandoned or surrendered possession of the 11
dwelling unit. 12
(c) (1) If in any proceeding the court finds in favor of the tenant because the 13
landlord violated subsection (b) of this section, the tenant may recover: 14
(i) Actual damages; and 15
(ii) Reasonable attorney’s fees and costs. 16
(2) IN ADDITION TO ANY OT HER RELIEF SOUGHT , THE TENANT MAY 17
FILE A PETITION FOR INJUNCTIVE RELIE F. 18
[(2)] (3) The remedies set forth in this subsection are not exclusive. 19
(d) This section may not be construed to prevent a landlord from taking 20
temporary measures, including changing the locks, to secure an unsecured residential 21
property, if the landlord makes good faith attempts to provide reasonable notice to the 22
tenant that the tenant may promptly be restored to possession of the property. 23
Article 4 – Baltimore City 24
9–15. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Agent” means any authorized individual or business acting on behalf 27
of [an owner] A LANDLORD . 28
(3) “Landlord” means [an owner of real property located within Baltimore 29
City, an agent of the owner, or an operator who promises] AN INDIVIDUAL OR BUS INESS 30 4 HOUSE BILL 882
THAT AGREES to lease all or any portion of a property to another person for the person’s 1
RESIDENTIAL use, in exchange for an agreed upon amount of money [or services]. 2
(4) “Lease” means any oral or written agreement, express or implied, 3
creating a landlord and tenant relationship, including any sublease, that grants the tenant 4
the RESIDENTIAL use of the landlord’s property for a given period of time in exchange for 5
rent in the form of money [or services]. 6
(5) “Operator” means any person who has charge, care, or control of all or 7
any portion of a structure or premises on behalf of the [owner] LANDLORD . 8
(6) “Tenant” means any person who has been given the right to use or 9
occupy RESIDENTIAL rental property through a lease agreement. 10
(b) A LANDLORD MA Y TAKE POSSESSION OF A DWELLING FROM A TE NANT 11
OR TENANT HOLDING OV ER ONLY: 12
(1) IN ACCORDANCE WITH A WARRANT OF RESTITUTI ON ISSUED BY A 13
COURT AND EXECUTED B Y A SHERIFF OR CONST ABLE; OR 14
(2) IF THE TENANT HAS ABANDONED O R SURRENDERED POSSES SION 15
OF THE DWELLING UNIT. 16
(C) (1) An agent, a landlord, or an operator may not: 17
[(1)] (I) falsely make any representation or statement required by 18
Sections 9–2, 9–3, 9–12, 9–13, 9–14, 9–15, and 9–19 and Article 13, § 8A–2 of the Baltimore 19
City Code to be given; 20
[(2)] (II) falsely make any representation or statement in connection with 21
the giving of the notice or complaint required by Sections 9–2, 9–3, 9–12, 9–13, 9–14, 9–15, 22
and 9–19 and Article 13, § 8A–2 of the Baltimore City Code to be given; 23
[(3)] (III) falsely make any representation or statement at, during or in 24
connection with any proceeding for the enforcement of any rights for the speedy recovery of 25
lands or tenements held over by tenants; 26
[(4)] (IV) in an attempt to circumvent the protection accorded tenants by 27
Sections 9–2, 9–3, 9–12, 9–13, 9–14, 9–15, and 9–19 and Article 13, § 8A–2 of the Baltimore 28
City Code, willfully deprive a tenant of ingress to or egress from [his] THE dwelling; or 29
[(5)] (V) without the consent of the tenant, intentionally: 30
[(i)] 1. interrupt, terminate, or diminish, any utility service 31
furnished to the tenant, including, but not limited to, water, heat, light, electricity, gas, 32 HOUSE BILL 882 5
elevator, or similar services to which under the expressed or implied terms of the tenancy 1
the tenant may be entitled; 2
[(ii)] 2. remove furnishings, cooking facilities, appliances, or 3
similar items to which under the express or implied terms of the tenancy the tenant may 4
be entitled; 5
[(iii)] 3. prevent the tenant from gaining reasonable access to the 6
property by changing the locks and failing to provide the tenant with new keys; 7
[(iv)] 4. remove outside doors or windows; or 8
[(v)] 5. remove from the premises the tenant’s personal property, 9
furnishings, or any other items. 10
(2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT A 11
LANDLORD FROM TAKING TEMPORARY MEASURES , INCLUDING CHANGING T HE 12
LOCKS, TO SECURE AN UNSECUR ED RESIDENTIAL PROPE RTY, IF THE LANDLORD 13
MAKES A GOOD FAITH ATTEMPT T O PROVIDE REASONABLE NOTICE TO THE TENANT 14
AND RESTORES POSSESSION OF THE PR OPERTY TO THE TENANT PROMPT LY. 15
[(c)] (D) An agent, a landlord, or an operator who violates this section is guilty 16
of a misdemeanor and, upon conviction thereof, is subject to a fine not exceeding $500 and 17
imprisonment of not more than ten (10) days, or both, in the discretion of the court, for each 18
and every offense. 19
(E) A TENANT’S RIGHTS UNDER THIS SECTION MAY BE ENFOR CED BY 20
INJUNCTIVE RELIEF . 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23