EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*hb0139*
HOUSE BILL 139
N1, O1 4lr0832
(PRE–FILED) CF SB 171
By: Delegate Charkoudian Delegates Charkoudian , Allen, Foley, Holmes,
Lehman, J. Long, Love, Ruth, Stewart, and Terrasa
Requested: October 3, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 20, 2024
CHAPTER ______
AN ACT concerning 1
Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills 2
in Residential Leases – Financial Assistance Gas and Electric Services 3
FOR the purpose of requiring a landlord to accept financial assistance from the Office of 4
Home Energy Programs in the Department of Human Services for the cost of utility 5
services that a tenant is required to pay; requiring a landlord, under certain 6
circumstances, to provide a tenant with utility service documentation that is 7
necessary for the Office to determine the eligibility of the tenant for financial 8
assistance adding gas and electric utility services to the types of utility services for 9
which certain landlords are required to provide a certain notice in a written lease 10
and a copy of a certain receipt or bill summary under certain circumstances; and 11
generally relating to landlords, tenants, and the Office of Home Energy Programs 12
required provisions in written leases. 13
BY adding to repealing and reenacting, with amendments, 14
Article – Real Property 15
Section 8–220 8–205.1 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
2 HOUSE BILL 139
Article – Real Property 1
8–205.1. 2
(a) In this section, “utility service provider” means a public service company or a 3
unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC 4
utility services. 5
(b) [(1) This section applies only to a landlord of a building that contains one or 6
two residential dwelling units. 7
(2)] This section does not apply to a landlord [that]: 8
(1) THAT requires a tenant, under an oral or written lease, to pay water 9
[or], sewer, GAS, OR ELECTRIC bills directly to the utility service provider; OR 10
(2) FOR ANY UTILITY THAT IS ALLOCATED USING A RATIO UTILITY 11
BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE . 12
(c) A landlord that requires a tenant to make payments for water [or], sewer, 13
GAS, OR ELECTRIC utility services to the landlord shall: 14
(1) Use a written lease that provides notice that the tenant is responsible 15
for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the 16
landlord; and 17
(2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill 18
to the tenant; OR 19
(II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH 20
TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN 21
WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN THE 22
IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY 23
SERVICES, DISAGGREGATED BY UTI LITY TYPE. 24
8–220. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN 28
THE DEPARTMENT OF HUMAN SERVICES. 29
HOUSE BILL 139 3
(3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER, 1
OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPA NY THAT IS 2
REGULATED BY THE PUBLIC SERVICE COMMISSION. 3
(B) A LANDLORD SHALL ACCEPT FINANCI AL ASSISTANCE FROM T HE 4
OFFICE FOR THE COST OF UTILITY SERVICES THAT A TENANT IS REQUIRED TO PAY. 5
(C) (1) SUBJECT TO THE CONFIDENTIALITY REQU IREMENTS OF STATE 6
AND FEDERAL LAW , AND ON THE REQUEST OF A TENANT , A LANDLORD SHALL 7
PROVIDE A TENANT WITH UTILITY SERVICE DOCUMENTATION THAT IS: 8
(I) ACCESSIBLE TO THE LANDLORD , BUT OTHERWISE 9
INACCESSIBLE TO THE TENANT; AND 10
(II) NECESSARY FOR THE OFFICE TO DETERMINE THE 11
ELIGIBILITY OF THE TENANT FOR FINANCIAL ASSIST ANCE. 12
(2) UTILITY SERVICE DOCUMENTATION UNDER P ARAGRAPH (1) OF 13
THIS SUBSECTION SHALL: 14
(I) BE PROVIDED AT NO COS T TO THE TENANT ; AND 15
(II) INCLUDE BILLS AND OTHER STATEMENTS RELATED TO 16
UTILITY SERVICES . 17
(D) (1) FOR EACH VIOLATION OF THIS SECTION BY A LANDLORD , THE 18
DEPARTMENT OF HUMAN SERVICES MAY IMPOSE: 19
(I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PEN ALTY OF 20
$500; OR 21
(II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN 22
ADMINISTRATIVE PENAL TY OF $1,000. 23
(2) THE DEPARTMENT SHALL PAY ANY PENALTY COLLECTED UNDER 24
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. 27