EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*hb1117*
HOUSE BILL 1117
N1 4lr1054
CF SB 946
By: Delegate Stewart Delegates Stewart, Addison, Allen, Boyce, Foley, Healey,
Lehman, J. Long, Love, Ruth, and Terrasa
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Landlord and Tenant – Failure to Repair Serious and Dangerous Defects – 2
Tenant Remedies 3
(Tenant Safety Act of 2024) 4
FOR the purpose of establishing that a landlord that offers a dwelling for rent is deemed to 5
warrant the dwelling fit for human habitation; clarifying that certain mold hazards 6
constitute dangerous conditions and defects for which a tenant may obtain relief; 7
authorizing multiple tenants to join as plaintiffs in the same civil action against a 8
landlord and authorizing a court to issue an order for separate trials or any other 9
orders necessary to prevent delay or avoid prejudice; establishing that, prior to a 10
certain court order, there is a rebuttable presumption that a tenant is entitled to 11
have a court adjudicate a request for rent abatement; establishing a rebuttable 12
presumption related to the abatement of prospective rent and the requirements for 13
rent escrow; establishing a rebuttable presumption that limits rent escrow payments 14
to rent that is due and unpaid subsequent to a court order; authorizing the award of 15
attorney’s fees, costs, and expenses related to litigation and a tenant who prevails in 16
certain actions; establishing that certain local laws preempt certain provisions of this 17
Act; authorizing certain remedies for a tenant if a landlord breaches the warranty of 18
habitability; providing that a landlord may raise certain defenses in a civil action 19
related to the breach of the warranty of habitability; providing that a court may order 20
certain relief in civil actions related to the breach of the warranty of habitability, 21
including actual damages, abatement of rent due and unpaid, and the termination 22
of a lease; and generally relating to remedies for a landlord’s failure to repair serious 23
and dangerous defects. 24 2 HOUSE BILL 1117
BY repealing and reenacting, with amendments, 1
Article – Real Property 2
Section 8–211 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY adding to 6
Article – Real Property 7
Section 8–212 8
Annotated Code of Maryland 9
(2023 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Real Property 13
8–211. 14
(a) (1) The purpose of this section is to provide tenants with a mechanism for 15
encouraging the repair of serious and dangerous defects which exist within or as part of 16
any residential dwelling unit, or [upon the] ON property used in common of which the 17
dwelling unit forms a part. 18
(2) The defects sought to be reached by this section are those which present 19
a substantial and serious threat of danger to the life, health, and safety of the occupants of 20
the dwelling unit, and not those which merely impair the aesthetic value of the premises, 21
or which are, in those locations governed by such codes, housing code violations of a 22
nondangerous nature. 23
(3) The intent of this section is not to provide a remedy for dangerous 24
conditions in the community at large which exists apart from the leased premises or the 25
property in common of which the leased premises forms a part. 26
(b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be 27
imposed [upon those who allow] ON A LANDLORD THAT A LLOWS dangerous conditions 28
and defects to exist in leased premises, and that an effective mechanism be established for 29
repairing these conditions and halting their creation. 30
(c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 31
SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose 32
of human habitation within the State [of Maryland. This section does not apply to farm 33
tenancies. 34
HOUSE BILL 1117 3
(d) This section applies to all applicable dwelling units] whether they are [(1) 1
publicly]: 2
(I) PUBLICLY or privately owned; or [(2) single] 3
(II) SINGLE or multiple units. 4
(2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES. 5
[(e)] (D) [This section provides a remedy and imposes an obligation upon ON 6
landlords] A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT , 7
WHETHER BY WRITTEN O R ORAL LEASE OR AGRE EMENT, SHALL BE DEEMED TO 8
WARRANT THAT THE RES IDENTIAL DWELLING UN IT IS FIT FOR HUMAN HABITATION 9
AND THAT THE LANDLOR D IS OBLIGATED to repair and eliminate conditions and defects 10
which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and 11
substantial threat to the life, health, or safety of occupants, including[, but not limited to]: 12
(1) Lack of heat, light, electricity, or hot or cold running water, except 13
where the tenant is responsible for the payment of the utilities and the lack thereof is the 14
direct result of the tenant’s failure to pay the charges; 15
(2) Lack of adequate sewage disposal facilities; 16
(3) Infestation of rodents in two or more dwelling units; 17
(4) The existence of any structural defect which presents a serious and 18
substantial threat to the physical safety of the occupants; [or] 19
(5) The existence of any condition which presents a health or fire hazard to 20
the dwelling unit; OR 21
(6) THE EXISTENCE OF MOLD IN A DWELLING UNIT T HAT PRESENTS A 22
SERIOUS AND SUBSTANT IAL THREAT TO THE HE ALTH OF THE OCCUPANT S. 23
[(f)] (E) (1) This section does not [provide a remedy for the] APPLY TO A 24
landlord’s failure to repair and eliminate minor defects or, in those locations governed by 25
such codes, housing code violations of a nondangerous nature. 26
(2) There is a rebuttable presumption that the following conditions, when 27
they do not present a serious and substantial threat to the life, health, and safety of the 28
occupants, are not covered by this section: 29
[(1)] (I) Any defect which merely reduces the aesthetic value of the leased 30
premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative 31
amenities; 32 4 HOUSE BILL 1117
[(2)] (II) Small cracks in the walls, floors, or ceilings; 1
[(3)] (III) The absence of linoleum or tile [upon] ON the floors, provided 2
that they are otherwise safe and structurally sound; or 3
[(4)] (IV) The absence of air conditioning. 4
[(g)] (F) (1) In order to employ the remedies provided by this section, the 5
tenant shall notify the landlord of the existence of the defects or conditions. 6
(2) Notice shall be given by [(1) a]: 7
(I) A written communication sent by certified mail listing the 8
asserted conditions or defects[, or (2) actual]; 9
(II) ACTUAL notice of the defects or conditions[,]; or [(3) a] 10
(III) A written violation, condemnation or other notice from an 11
appropriate State, county, municipal, or local government agency stating the asserted 12
conditions or defects. 13
[(h)] (G) (1) The landlord has a reasonable time after receipt of notice in 14
which to make the repairs or correct the conditions. 15
(2) The length of time deemed to be reasonable is a question of fact for the 16
court, taking into account the severity of the defects or conditions and the danger which 17
they present to the occupants. 18
(3) There is a rebuttable presumption that a period in excess of 30 days 19
from receipt of notice is unreasonable. 20
[(i)] (H) (1) If the landlord refuses to make the repairs or correct the 21
conditions, or if after a reasonable time the landlord has failed to do so, the tenant may 22
[bring] TAKE ONE OR BOTH OF THE FO LLOWING ACTIONS : 23
(I) BRING an action of rent escrow to pay rent into court because of 24
the asserted defects or conditions[, or the tenant may refuse]; AND 25
(II) REFUSE to pay rent and raise the existence of the asserted 26
defects or conditions as an affirmative defense, IN ADDITION TO ANY O THER DEFENSE , 27
to an action for distress for rent or to any complaint proceeding brought by the landlord to 28
recover rent or the possession of the leased premises. 29
HOUSE BILL 1117 5
(2) (I) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 1
UNDER THIS SECTION I N ACCORDANCE WITH TH E MARYLAND RULES ON JOINDER . 2
(II) THE COURT MAY ORDER S EPARATE TRIALS OR IS SUE ANY 3
OTHER ORDER NECESSAR Y TO PREVENT DELA Y OR AVOID PREJUDICE . 4
(I) (1) THERE IS A REBUTTABLE PRESUMPTION THAT : 5
(1) A A TENANT IS ENTITLED T O THE ADJUDICATION O F A REQUEST 6
FOR RENT ABATEMENT ;. 7
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH AN D 8
SUBSECTION (M) OF THIS SECTION, THERE IS A REBUTTABL E PRESUMPTION THAT A 9
TENANT: 10
1. IS ENTITLED TO AN ABA TEMENT OF PROSPECTIV E 11
RENT; AND 12
2. MAY NOT BE REQUIRED T O PAY INTO ESCROW MO RE 13
THAN 50% OF THE AMOUNT OF REN T REQUIRED BY THE LE ASE. 14
(II) A DETERMINATION UNDER THIS PARAGRAPH IS WI THOUT 15
PREJUDICE TO A FINAL DISPOSITION OF RENT THAT IS DUE AND UNPA ID TO THE 16
LANDLORD. 17
(3) THERE IS A REBUTTABLE PRESUMPTION THAT A C OURT ORDER 18
REQUIRING REN T ESCROW IS LIMITED TO THE PAYMENT OF RE NT THAT IS DUE AND 19
UNPAID SUBSEQUENT TO THE COURT ORDER . 20
(4) A PARTY MAY REQUEST TH AT THE COURT ADJUST THE AMOUNT 21
OF RENT THAT A TENAN T PAYS INTO COURT AT ANY TIME. 22
(5) IF A TENANT ALLEGES T HAT A DEFECT OR CONDITION EXISTS AT 23
THE LEASED PREMISES AT A TRIAL FOR FAILU RE TO PAY RENT , THE COURT MAY 24
GRANT A POSTPONEMENT ON REQUEST OF EITHER PARTY IN ORDER FOR T HE 25
PARTIES TO PROVIDE E VIDENCE AND ADDITION AL INFORMATION REGAR DING THE 26
ALLEGED DEFECT OR CO NDITION. 27
(j) (1) Whether the issue of rent escrow is raised affirmatively or defensively, 28
the tenant may request one or more of the forms of relief set forth in this section. 29
(2) In addition to any other relief sought, if within 90 days after the court 30
finds that the conditions complained of by the tenant exist AND the landlord has not made 31
the repairs or corrected the conditions complained of, the tenant may file a petition of 32 6 HOUSE BILL 1117
injunction in the District Court requesting the court to order the landlord to make the 1
repairs or correct the conditions. 2
(k) Relief under this section is conditioned on: 3
(1) Giving proper notice, and where appropriate, the opportunity to correct, 4
as described [by] IN subsection [(h)] (G) of this section; 5
(2) Payment by the tenant[, into court,] of the amount of rent required by 6
the lease INTO THE COURT , unless this amount is modified by the court as provided in 7
subsection (I) OR (m) of this section; 8
(3) In the case of tenancies measured by a period of [one] 1 month or more, 9
the court having not entered against the tenant three prior judgments of possession for rent 10
due and unpaid in the 12–month period immediately prior to the initiation of the action by 11
the tenant or by the landlord; and 12
(4) In the case of periodic tenancies measured by the weekly payment of 13
rent, the court having not entered against the tenant more than five judgments of 14
possession for rent due and unpaid in the 12–month period immediately prior to the 15
initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the 16
premises [six] 6 months or less, the court having not entered against the tenant three 17
judgments of possession for rent due and unpaid. 18
(l) It is a sufficient defense to the allegations of the tenant that the tenant, the 19
tenant’s family, agent, employees, or assignees or social guests have caused the asserted 20
defects or conditions, or that the landlord or the landlord’s agents were denied reasonable 21
and appropriate entry for the purpose of correcting or repairing the asserted conditions or 22
defects. 23
(m) The court shall make appropriate findings of fact and make any order that the 24
justice of the case may require, including any one or a combination of the following: 25
(1) Order the termination of the lease and return of the leased premises to 26
the landlord, subject to the tenant’s right of redemption; 27
(2) Order that the action for rent escrow be dismissed; 28
(3) Order that the amount of rent required by the lease, whether paid into 29
court or to the landlord, be abated and reduced in an amount determined by the court to be 30
fair and equitable to represent the existence of the conditions or defects found by the court 31
to exist; or 32
(4) Order the landlord to make the repairs or correct the conditions 33
complained of by the tenant and found by the court to exist. 34
HOUSE BILL 1117 7
(n) (1) After rent escrow has been established, the court: 1
[(1)] (I) Shall, after a hearing, if so ordered by the court or one is 2
requested by the landlord, order that the money in the escrow account be disbursed to the 3
landlord after the necessary repairs have been made; 4
[(2)] (II) May, after an appropriate hearing, order that some or all money 5
in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the 6
tenant’s agent, or any other appropriate person or agency for the purpose of making the 7
necessary repairs of the dangerous conditions or defects; 8
[(3)] (III) May, after a hearing if one is requested by the landlord, appoint 9
a special administrator who shall cause the repairs to be made, and who shall apply to the 10
court to pay for them out of the money in the escrow account; 11
[(4)] (IV) May, after an appropriate hearing, order that some or all money 12
in the escrow account be disbursed to pay any mortgage or deed of trust on the property in 13
order to stay a foreclosure; 14
[(5)] (V) May, after a hearing, if one is requested by the tenant, order, if 15
no repairs are made or if no good faith effort to repair is made within [six] 6 months of the 16
initial decision to place money in the escrow account, that the money in the escrow account 17
be disbursed to the tenant THAT HAVE PAID INTO ESCROW[. Such an order will not 18
discharge the right on the part of the tenant to pay rent into court and an appeal will stay 19
the forfeiture]; or 20
[(6)] (VI) May, after an appropriate hearing, order that the money in the 21
escrow account be disbursed to the landlord if the tenant does not regularly pay, into that 22
account, the rent owed. 23
(2) AN ORDER ISSUED UNDER PARAGRAPH (1)(V) OF THIS 24
SUBSECTION: 25
(I) DOES NOT AFFECT THE R IGHT OF A TENANT TO PAY RENT 26
INTO COURT; AND 27
(II) MAY BE STAYED ON APPE AL BY THE LANDLORD . 28
(O) IF A COURT ORDERS ANY RELIEF TO A TENANT U NDER THIS SECTION , 29
THE TENANT MAY RECOV ER: 30
(1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 31
(2) REASONABLE EXPENSES R ELATED TO LITIGATION , SUCH AS 32
EXPENSES FOR A MOLD ASSESSMENT AT THE RE SIDENCE OF THE TENAN T. 33 8 HOUSE BILL 1117
[(o)] (P) Except as provided in § 8–211.1(e) of this subtitle, [in the event any 1
county or Baltimore City is subject to a public local law or has enacted an ordinance or 2
ordinances comparable in subject matter to this section, commonly referred to as a “Rent 3
Escrow Law”, any such ordinance or ordinances shall supersede the provisions of this 4
section] THIS SECTION SHALL SUPERS EDE ANY LOCAL LAW OR ORDINANCE 5
COMPARABLE IN SUBJEC T MATTER TO THIS SEC TION EXCEPT TO THE EXTENT THAT 6
THE LOCAL LAW OR ORD INANCE PR OVIDES BROADER APPLI CABILITY OR MORE 7
PROTECTIONS FOR TENA NTS THAN THIS SECTIO N. 8
8–212. 9
(A) IN THIS SECTION , “WARRANTY OF HABITABI LITY” MEANS THE 10
WARRANTY BY A LANDLO RD DESCRIBED UNDER § 8–211 OF THIS SUBTITLE. 11
(A) IN THIS SECTION , “FIT FOR HUMAN HABITATION” MEANS THAT A 12
DWELLING UNIT AND PR OPERTY OF WHICH THE DWELLING UNIT IS A P ART ARE FREE 13
FROM SERIOUS DEFECTS OR CONDITIONS THAT C ONSTITUTE, OR WILL CONSTITUTE 14
IF NOT PROMPTLY CORR ECTED, A FIRE HAZARD OR OTH ER SERIOUS AND 15
SUBSTANTIAL THREAT T O THE LIFE, HEALTH, OR SAFETY OF OCCUPAN TS OF THE 16
DWELLING UNIT . 17
(B) THIS SECTION APPLIES TO LANDLORDS , TENANTS, AND RESIDENTIAL 18
DWELLING UNITS THAT ARE SUBJECT TO § 8–211 OF THIS SUBTITLE . 19
(C) A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT , 20
WHETHER BY WRITTEN O R ORAL LEASE AGREEME NT, SHALL BE DEEMED TO 21
WARRANT THAT THE DWE LLING UNIT IS FIT FO R HUMAN HABITATION . 22
(D) THE WARRANTY OF HABIT ABILITY UNDER THIS S ECTION EXISTS AT THE 23
BEGINNING OF THE TEN ANCY AND CONTINUES T HROUGHOUT THE TERM O F THE 24
TENANCY. 25
(E) RELIEF FOR BREACH OF THE WARRANTY OF HABI TABILITY UNDER THIS 26
SECTION MAY NOT BE C ONDITIONED ON PAYMEN T BY THE TENANT OF R ENT INTO 27
ESCROW WITH THE COUR T. 28
(D) (1) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS 29
SECTION, A TENANT SHALL NOTIFY THE LANDLORD OF THE EXISTENCE OF THE 30
DEFECTS OR CONDITION S IN ACCORDANCE WITH § 8–211 OF THIS SUBTITLE. 31
(F) (1) (I) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS 32
SECTION, THE TENANT SHALL NOT IFY THE LANDLORD OF THE EXISTENCE OF 33
DEFECTS OR CONDI TIONS. 34 HOUSE BILL 1117 9
(II) NOTICE SHALL BE GIVEN BY: 1
1. A WRITTEN COMMUNICATIO N SENT BY CERTIFIED 2
MAIL LISTING THE ASS ERTED DEFECTS OR CON DITIONS; 3
2. ACTUAL NOTICE OF THE DEFECTS OR CONDITION S; 4
OR 5
3. A WRITTEN VIOLATION , CONDEMNATION , OR OTHER 6
NOTICE F ROM AN APPROPRIATE STATE, COUNTY, MUNICIPAL, OR LOCAL 7
GOVERNMENT AGENCY ST ATING THE ASSERTED D EFECTS OR CONDITIONS . 8
(2) WITHIN A REASONABLE P ERIOD OF TIME AFTER RECEIPT OF 9
NOTICE UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE LANDLORD SHALL M AKE 10
THE REPAIRS OR CORRECT T HE CONDITIONS IN ACC ORDANCE WITH § 8–211(G) OF 11
THIS SUBTITLE. 12
(E) (G) (1) IF A LANDLORD BREACHE S THE WARRANTY OF 13
HABITABILITY UNDER § 8–211 OF THIS SUBTITLE THIS SECTION AND REFUSES TO 14
MAKE THE REPAIRS OR CORRECT THE CONDITIO NS, OR IF AFTER A REASONABLE 15
TIME THE LANDLORD HA S FAILED TO DO SO, THE TENANT MAY : 16
(I) BRING AN ACTION FOR D AMAGES AND THE ABATE MENT OF 17
RENT AGAINST THE LAN DLORD; AND 18
(II) REFUSE TO PAY RENT AN D RAISE THE EXISTENC E OF THE 19
ASSERTED DEFECTS OR CONDITIONS AS AN AFFIRMATIVE DEFEN SE TO AN ACTION 20
OF DISTRESS FOR RENT OR TO ANY OTHER ACTI ON BROUGHT BY THE LA NDLORD TO 21
RECOVER RENT OR THE POSSESSION OF THE LE ASED PREMISES . 22
(2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 23
UNDER THIS SUBSECTIO N IN ACCORDANC E WITH THE MARYLAND RULES ON 24
JOINDER. 25
(3) THE REMEDIES UNDER TH IS SUBSECTION ARE IN ADDITION TO 26
ANY OTHER REMEDIES P ROVIDED BY LAW . 27
(F) (H) IT IS A DEFENSE TO A CLAIM UNDER THIS SEC TION THAT: 28
(1) THE TENANT , THE TENANT ’S FAMILY, AGENT, EMPLOYEES, 29
ASSIGNEES, OR SOCIAL GUESTS CAU SED THE ASSERTED DEF ECTS OR CONDITIONS ; 30
OR 31
10 HOUSE BILL 1117
(2) THE LANDLORD OR THE L ANDLORD’S AGENTS WERE DENIED 1
REASONABLE AND APPRO PRIATE ENTRY FOR THE PURPOSE OF CORRECTIN G OR 2
REPAIRING THE ASSERTED COND ITIONS OR DEFECTS . 3
(G) (I) THE COURT SHALL MAKE APPROPRIATE FINDINGS OF FACT AND 4
ISSUE ANY ORDER THAT THE JUSTICE OF THE C ASE MAY REQUIRE , INCLUDING 5
ORDERING ANY OF THE FOLLOWING: 6
(1) AN AWARD OF ACTUAL DA MAGES; 7
(2) AN ABATEMENT OF RENT DUE AND UNPA ID; OR 8
(3) THE TERMINATION OF TH E LEASE, RETURN OF ANY UNUSED 9
PORTION OF A SECURIT Y DEPOSIT TO THE TEN ANT, AND RELOCATION EXPEN SES 10
FOR A TENANT. 11
(H) (J) IF A COURT ORDERS ANY RELIEF TO A TENANT U NDER THIS 12
SECTION, THE TENANT MAY R ECOVER REASONABLE : 13
(1) ATTORNEY’S FEES AND COSTS ; AND 14
(2) EXPENSES RELATED TO L ITIGATION, SUCH AS EXPENSES FOR A 15
MOLD ASSESSMENT AT T HE RESIDENCE OF THE TENANT. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2024. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.