Maryland 2023 Regular Session

Maryland Senate Bill SB193

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
2/22/23  
Engrossed
2/28/23  
Refer
3/2/23  
Report Pass
3/30/23  
Enrolled
4/5/23  
Chaptered
4/24/23  

Caption

Ground Leases - Collection of Rent, Interest, Fees, and Other Expenses - Registration Requirements

Impact

The enactment of SB 193 is expected to enhance tenant protections by ensuring that ground lease holders comply with registration requirements before collecting fees. This shift is aimed at reducing the potential for disputes over unregistered leases, which could lead to unlawful collection activities. Additionally, the bill places the responsibility on the State Department to maintain a comprehensive online registry of ground leases, thereby increasing transparency and accountability in the rental sector.

Summary

Senate Bill 193 aims to establish clearer regulations related to ground leases in Maryland. It mandates that ground leases and any amendments must be registered with the State Department of Assessments and Taxation to be enforceable. This legislation specifically prohibits ground lease holders from collecting any form of fees—such as rent, late fees, or interest—unless these ground leases are duly registered. The bill also outlines a process for handling violations, allowing leasehold tenants to report any unlawful collections and seek judicial review for disputes regarding lease registration.

Sentiment

General sentiment around the bill appears to be supportive among tenant advocacy groups, who view it as a necessary step to protect the rights of leasehold tenants. By requiring registration, it is seen as a move that safeguards tenants from potential exploitation by ground lease holders. However, concerns have been raised by property owners who argue that the new regulations may impose additional administrative burdens and could complicate legitimate collection practices. Overall, there seems to be a balance being sought between tenant protection and property owner rights.

Contention

Notable points of contention surrounding SB 193 center around the implications for property owners and their ability to manage leases effectively. Critics argue that the necessity of registration could deter investments and complicate the leasing process, while proponents believe that such regulations are crucial in preventing abuse and ensuring fair treatment of tenants. This debate underscores broader discussions about property rights and tenant protections, highlighting the varying perspectives on how best to regulate ground leases within the state.

Companion Bills

MD HB92

Crossfiled Ground Leases - Collection of Rent, Interest, Fees, and Other Expenses - Registration Requirements

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