MD
Maryland House Bill HB139

Maryland 2024 Regular Session

Maryland House Bill HB139 Compare Versions

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1- WES MOORE, Governor Ch. 225
21
3-– 1 –
4-Chapter 225
5-(House Bill 139)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0139*
810
9-Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills
10-in Residential Leases – Financial Assistance Gas and Electric Services
11+HOUSE BILL 139
12+N1, O1 (4lr0832)
13+ENROLLED BILL
14+— Environment and Transportation/Judicial Proceedings —
15+Introduced by Delegate Charkoudian Delegates Charkoudian , Allen, Foley,
16+Holmes, Lehman, J. Long, Love, Ruth, Stewart, and Terrasa
1117
12-FOR the purpose of requiring a landlord to accept financial assistance from the Office of
13-Home Energy Programs in the Department of Human Services for the cost of utility
14-services that a tenant is required to pay; requiring a landlord, under certain
15-circumstances, to provide a tenant with utility service documentation that is
16-necessary for the Office to determine the eligibility of the tenant for financial
17-assistance adding gas and electric utility services to the types of utility services for
18-which certain landlords are required to provide a certain notice in a written lease
19-and a copy of a certain receipt or bill summary under certain circumstances;
20-requiring a landlord to provide a tenant with certain information about utility costs
21-under certain circumstances; applying certain requirements relating to payment of
22-utility services to landlords of buildings that contain more than a certain number of
23-units; and generally relating to landlords, tenants, and the Office of Home Energy
24-Programs required provisions in written leases.
18+Read and Examined by Proofreaders:
2519
26-BY adding to repealing and reenacting, with amendments,
27- Article – Real Property
28-Section 8–220 8–205.1
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
3124
32-BY adding to
33- Article – Real Property
34- Section 8–205.2
35- Annotated Code of Maryland
36- (2023 Replacement Volume)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3726
38- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
39-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
4028
41-Article – Real Property
29+______________________________________________
30+Speaker.
4231
43-8–205.1.
32+CHAPTER ______
4433
45- (a) In this section, “utility service provider” means a public service company or a
46-unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC
47-utility services.
48- Ch. 225 2024 LAWS OF MARYLAND
34+AN ACT concerning 1
4935
50-– 2 –
51- (b) [(1) This section applies only to a landlord of a building that contains one or
52-two SIX OR MORE residential dwelling units.
36+Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills 2
37+in Residential Leases – Financial Assistance Gas and Electric Services 3
5338
54- (2)] This section does not apply to a landlord [that]:
39+FOR the purpose of requiring a landlord to accept financial assistance from the Office of 4
40+Home Energy Programs in the Department of Human Services for the cost of utility 5
41+services that a tenant is required to pay; requiring a landlord, under certain 6
42+circumstances, to provide a tenant with utility service documentation that is 7
43+necessary for the Office to determine the eligibility of the tenant for financial 8
44+assistance adding gas and electric utility services to the types of utility services for 9
45+which certain landlords are required to provide a certain notice in a written lease 10
46+and a copy of a certain receipt or bill summary under certain circumstances; 11
47+requiring a landlord to provide a tenant with certain information about utility costs 12
48+under certain circumstances; applying certain requirements relating to payment of 13
49+utility services to landlords of buildings that contain more than a certain number of 14 2 HOUSE BILL 139
5550
56- (1) (I) THAT A landlord that requires a tenant, under an oral or written
57-lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service
58-provider; OR
5951
60- (2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO
61-UTILITY BILLING SYST EM, AS DEFINED IN § 8–212.4 OF THIS SUBTITLE .
52+units; and generally relating to landlords, tenants, and the Office of Home Energy 1
53+Programs required provisions in written leases. 2
6254
63- (c) A landlord that requires a tenant to make payments for water [or], sewer,
64-GAS, OR ELECTRIC utility services to the landlord shall:
55+BY adding to repealing and reenacting, with amendments, 3
56+ Article – Real Property 4
57+Section 8–220 8–205.1 5
58+ Annotated Code of Maryland 6
59+ (2023 Replacement Volume) 7
6560
66- (1) Use a written lease that provides notice that the tenant is responsible
67-for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the
68-landlord; and
61+BY adding to 8
62+ Article – Real Property 9
63+ Section 8–205.2 10
64+ Annotated Code of Maryland 11
65+ (2023 Replacement Volume) 12
6966
70- (2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill
71-to the tenant; OR
67+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
68+That the Laws of Maryland read as follows: 14
7269
73- (II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH
74-TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN
75-WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN T HE
76-IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY
77-SERVICES, DISAGGREGATED BY UTI LITY TYPE.
70+Article – Real Property 15
7871
79-8–205.2.
72+8–205.1. 16
8073
81- (A) IN THIS SECTION , “UTILITY SERVICE PROV IDER” HAS THE SAME
82-MEANING STATED IN § 8–205.1 OF THIS SUBTITLE.
74+ (a) In this section, “utility service provider” means a public service company or a 17
75+unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC 18
76+utility services. 19
8377
84- (B) (1) THIS SECTION APPLIES ONLY TO A LA NDLORD OF A BUILDING
85-THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS .
78+ (b) [(1) This section applies only to a landlord of a building that contains one or 20
79+two SIX OR MORE residential dwelling units. 21
8680
87- (2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES
88-A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR
89-ELECTRIC BILLS DIREC TLY TO THE UTILITY SERVIC E PROVIDER.
81+ (2)] This section does not apply to a landlord [that]: 22
9082
91- (C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR
92-WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL:
93- WES MOORE, Governor Ch. 225
83+ (1) (I) THAT A landlord that requires a tenant, under an oral or written 23
84+lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service 24
85+provider; OR 25
9486
95-– 3 –
96- (1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT
97-IS RESPONSIBLE FOR M AKING PAYMENTS FOR WATER , SEWER, GAS, OR ELECTRIC
98-UTILITY SERVICES TO THE LANDLORD ; AND
87+ (2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO 26
88+UTILITY BILLING SYST EM, AS DEFINED IN § 8–212.4 OF THIS SUBTITLE. 27
9989
100- (2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC
101-UTILITY BILL TO THE TENANT.
90+ (c) A landlord that requires a tenant to make payments for water [or], sewer, 28
91+GAS, OR ELECTRIC utility services to the landlord shall: 29
10292
103-8–220.
93+ (1) Use a written lease that provides notice that the tenant is responsible 30
94+for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the 31
95+landlord; and 32
96+ HOUSE BILL 139 3
10497
105- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
106-INDICATED.
10798
108- (2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN
109-THE DEPARTMENT OF HUMAN SERVICES.
99+ (2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill 1
100+to the tenant; OR 2
110101
111- (3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER,
112-OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS
113-REGULATED BY THE PUBLIC SERVICE COMMISSION.
102+ (II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH 3
103+TERM THEREAFTER FOR THE DURATION OF THE TENANCY , NOTIFY THE TENANT IN 4
104+WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN T HE 5
105+IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY 6
106+SERVICES, DISAGGREGATED BY UTI LITY TYPE. 7
114107
115- (B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE
116-OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY.
108+8–205.2. 8
117109
118- (C) (1) SUBJECT TO THE CONFID ENTIALITY REQUIREMEN TS OF STATE
119-AND FEDERAL LAW , AND ON THE REQUEST O F A TENANT, A LANDLORD SHALL
120-PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS :
110+ (A) IN THIS SECTION , “UTILITY SERVICE PROVIDER ” HAS THE SAME 9
111+MEANING STATED IN § 8–205.1 OF THIS SUBTITLE. 10
121112
122- (I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE
123-INACCESSIBLE TO THE TENANT; AND
113+ (B) (1) THIS SECTION APPLIES ONLY TO A LANDLORD O F A BUILDING 11
114+THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS . 12
124115
125- (II) NECESSARY FOR THE OFFICE TO DETERMINE T HE
126-ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSISTANCE.
116+ (2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES 13
117+A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR 14
118+ELECTRIC BILLS DIREC TLY TO THE UTILITY S ERVICE PROVIDER . 15
127119
128- (2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF
129-THIS SUBSECTION SHAL L:
120+ (C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR 16
121+WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL: 17
130122
131- (I) BE PROVIDED AT NO COS T TO THE TENANT ; AND
123+ (1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT 18
124+IS RESPONSIBLE FOR M AKING PAYMENTS FOR W ATER, SEWER, GAS, OR ELECTRIC 19
125+UTILITY SERVICES TO THE LANDLORD ; AND 20
132126
133- (II) INCLUDE BILLS AND OTH ER STATEMENTS RELATE D TO
134-UTILITY SERVICES .
127+ (2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC 21
128+UTILITY BILL TO THE TENANT. 22
135129
136- (D) (1) FOR EACH VIOLATION OF THIS SECTION BY A LANDLORD , THE
137-DEPARTMENT OF HUMAN SERVICES MAY IMPOSE :
138- Ch. 225 2024 LAWS OF MARYLAND
130+8–220. 23
139131
140-– 4 –
141- (I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF
142-$500; OR
132+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
133+INDICATED. 25
143134
144- (II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN
145-ADMINISTRATIVE PENAL TY OF $1,000.
135+ (2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN 26
136+THE DEPARTMENT OF HUMAN SERVICES. 27
146137
147- (2) THE DEPARTMENT SHALL PAY ANY PENALTY COLLECTED UNDER
148-THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE.
138+ (3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER, 28
139+OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS 29
140+REGULATED BY THE PUBLIC SERVICE COMMISSION. 30
141+ 4 HOUSE BILL 139
149142
150- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
151-October 1, 2024.
152143
153-Approved by the Governor, April 25, 2024.
144+ (B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE 1
145+OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY. 2
146+
147+ (C) (1) SUBJECT TO THE CONFIDE NTIALITY REQUIREMENT S OF STATE 3
148+AND FEDERAL LAW , AND ON THE REQUEST O F A TENANT, A LANDLORD SHALL 4
149+PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS : 5
150+
151+ (I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE 6
152+INACCESSIBLE TO THE TENANT; AND 7
153+
154+ (II) NECESSARY FOR THE OFFICE TO DETERMINE T HE 8
155+ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSISTANCE. 9
156+
157+ (2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF 10
158+THIS SUBSECTION SHAL L: 11
159+
160+ (I) BE PROVIDED AT NO COS T TO THE TENANT ; AND 12
161+
162+ (II) INCLUDE BILLS AND OTHER STAT EMENTS RELATED TO 13
163+UTILITY SERVICES . 14
164+
165+ (D) (1) FOR EACH VIOLATION OF THIS SECTION BY A LA NDLORD, THE 15
166+DEPARTMENT OF HUMAN SERVICES MAY IMPOSE : 16
167+
168+ (I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF 17
169+$500; OR 18
170+
171+ (II) FOR A SECOND OR SU BSEQUENT OFFENSE , AN 19
172+ADMINISTRATIVE PENAL TY OF $1,000. 20
173+
174+ (2) THE DEPARTMENT SHALL PAY ANY PENALTY COLLECTE D UNDER 21
175+THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 22
176+
177+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
178+October 1, 2024. 24
179+