MD
Maryland House Bill HB498

Maryland 2024 Regular Session

Maryland House Bill HB498 Compare Versions

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1- WES MOORE, Governor Ch. 312
21
3-– 1 –
4-Chapter 312
5-(House Bill 498)
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+ *hb0498*
89
9-Real Property – Access to Counsel in Evictions Program – Mandated Reports
10+HOUSE BILL 498
11+N1 4lr2746
12+ CF SB 147
13+By: Delegate Cardin
14+Introduced and read first time: January 24, 2024
15+Assigned to: Judiciary
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 27, 2024
1019
11-FOR the purpose of altering the information relating to the Access to Counsel in Evictions
12-Program required to be reported by the Maryland Legal Services Corporation each
13-year; and generally relating to mandated reports and the Access to Counsel in
14-Evictions Program.
20+CHAPTER ______
1521
16-BY repealing and reenacting, without amendments,
17- Article – Real Property
18- Section 8–901(a), (c), (d), (f), and (g) and 8–903
19- Annotated Code of Maryland
20- (2023 Replacement Volume)
22+AN ACT concerning 1
2123
22-BY repealing and reenacting, with amendments,
23- Article – Real Property
24- Section 8–907
25- Annotated Code of Maryland
26- (2023 Replacement Volume)
24+Real Property – Access to Counsel in Evictions Program – Mandated Reports 2
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+FOR the purpose of altering the information relating to the Access to Counsel in Evictions 3
27+Program required to be reported by the Maryland Legal Services Corporation each 4
28+year; and generally relating to mandated reports and the Access to Counsel in 5
29+Evictions Program. 6
3030
31-Article – Real Property
31+BY repealing and reenacting, without amendments, 7
32+ Article – Real Property 8
33+ Section 8–901(a), (c), (d), (f), and (g) and 8–903 9
34+ Annotated Code of Maryland 10
35+ (2023 Replacement Volume) 11
3236
33-8–901.
37+BY repealing and reenacting, with amendments, 12
38+ Article – Real Property 13
39+ Section 8–907 14
40+ Annotated Code of Maryland 15
41+ (2023 Replacement Volume) 16
3442
35- (a) In this subtitle the following words have the meanings indicated.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
3645
37- (c) “Covered individual” means an individual who:
46+Article – Real Property 19
3847
39- (1) Occupies a residential property under a claim of legal right other than
40-owner, including a tenant in a building owned, operated, or managed by a public housing
41-authority; and
48+8–901. 20 2 HOUSE BILL 498
4249
43- (2) Is a member of a household with an income that is not greater than 50%
44-of the median income, adjusted for household size, in the State as determined by the United
45-States Department of Health and Human Services or its successor.
4650
47- (d) “Designated organization” means a nonprofit entity designated by MLSC with
48-the ability to provide legal representation to covered individuals.
49- Ch. 312 2024 LAWS OF MARYLAND
5051
51-– 2 –
52- (f) “Legal representation” includes all representation by an attorney beyond brief
53-legal advice and is not limited to the formal entry of appearance in court.
52+ (a) In this subtitle the following words have the meanings indicated. 1
5453
55- (g) “MLSC” means the Maryland Legal Services Corporation.
54+ (c) “Covered individual” means an individual who: 2
5655
57-8–903.
56+ (1) Occupies a residential property under a claim of legal right other than 3
57+owner, including a tenant in a building owned, operated, or managed by a public housing 4
58+authority; and 5
5859
59- (a) There is an Access to Counsel in Evictions Program administered by MLSC.
60+ (2) Is a member of a household with an income that is not greater than 50% 6
61+of the median income, adjusted for household size, in the State as determined by the United 7
62+States Department of Health and Human Services or its successor. 8
6063
61- (b) The purpose of the Program is to organize and direct services and resources
62-in order to provide all covered individuals in the State with access to legal representation
63-as required under this subtitle.
64+ (d) “Designated organization” means a nonprofit entity designated by MLSC with 9
65+the ability to provide legal representation to covered individuals. 10
6466
65-8–907.
67+ (f) “Legal representation” includes all representation by an attorney beyond brief 11
68+legal advice and is not limited to the formal entry of appearance in court. 12
6669
67- On or before August 31 each year, MLSC shall report to the Governor and, in
68-accordance with § 2–1257 of the State Government Article, the General Assembly THE
69-FOLLOWING INFORMATIO N FOR THE IMMEDIATEL Y PRECEDING FISCAL Y EAR:
70+ (g) “MLSC” means the Maryland Legal Services Corporation. 13
7071
71- (1) The number of CASES IN WHICH A covered [individuals] INDIVIDUAL
72-WAS provided legal representation [during the previous fiscal year], DISAGGREGATED BY
73-CASE TYPE, INCLUDING:
72+8–903. 14
7473
75- (I) NONPAYMENT OF RENT UN DER § 8–401 OF THIS TITLE;
74+ (a) There is an Access to Counsel in Evictions Program administered by MLSC. 15
7675
77- (II) TENANT HOLDOVER UNDER § 8–402 OF THIS TITLE; AND
76+ (b) The purpose of the Program is to organize and direct services and resources 16
77+in order to provide all covered individuals in the State with access to legal representation 17
78+as required under this subtitle. 18
7879
79- (III) BREACH OF LEASE UNDER § 8–402.1 OF THIS TITLE;
80+8–907. 19
8081
81- (2) [Information on and metrics evaluating case outcomes] THE AMOUNT
82-PAID TO ATTORNEYS FO R EACH CASE MANAGED ; [and]
82+ On or before August 31 each year, MLSC shall report to the Governor and, in 20
83+accordance with § 2–1257 of the State Government Article, the General Assembly THE 21
84+FOLLOWING INFORMATIO N FOR THE IMMEDIATEL Y PRECEDING FISCAL Y EAR: 22
8385
84- (3) [A summary of the engagement and education of tenants ] THE
85-GEOGRAPHIC DISTRIBUT ION OF CASES;
86+ (1) The number of CASES IN WHICH A covered [individuals] INDIVIDUAL 23
87+WAS provided legal representation [during the previous fiscal year], DISAGGREGATED BY 24
88+CASE TYPE, INCLUDING: 25
8689
87- (4) DATA ON THE DISPOSITI ON OF CASES DECIDED ;
90+ (I) NONPAYMENT OF RENT UN DER § 8–401 OF THIS TITLE; 26
8891
89- (5) THE AMOUNT OF STATE AND FEDERAL FUN DS ALLOCATED TO
90-EACH DESIGNATED ORGA NIZATION; AND
92+ (II) TENANT HOLDOVER UNDER § 8–402 OF THIS TITLE; AND 27
9193
92- (6) THE NUMBER OF COVERED INDIVIDUALS PROVIDED LEGAL
93-REPRESENTATION FOR M ULTIPLE CASES .
94+ (III) BREACH OF LEASE UNDER § 8–402.1 OF THIS TITLE; 28
95+ HOUSE BILL 498 3
9496
95- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
96-October 1, 2024. It shall remain effective for a period of 2 years and 9 months and, at the WES MOORE, Governor Ch. 312
9797
98-– 3 –
99-end of June 30, 2027, this Act, with no further action required by the General Assembly,
100-shall be abrogated and of no further force and effect.
98+ (2) [Information on and metrics evaluating case outcomes] THE AMOUNT 1
99+PAID TO ATTORNEYS FO R EACH CASE MANAGED ; [and] 2
101100
102-Approved by the Governor, April 25, 2024.
101+ (3) [A summary of the engagement and education of tenants ] THE 3
102+GEOGRAPHIC DISTRIBUT ION OF CASES; 4
103+
104+ (4) DATA ON THE DISPOSITI ON OF CASES DECIDED ; 5
105+
106+ (5) THE AMOUNT OF STATE AND FEDERAL FUN DS ALLOCATED TO 6
107+EACH DESIGNATED ORGA NIZATION; AND 7
108+
109+ (6) THE NUMBER OF COVERED INDIVIDUALS PROVIDED LEGAL 8
110+REPRESENTATION FOR MULTIPLE CASES . 9
111+
112+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
113+October 1, 2024. It shall remain effective for a period of 2 years and 9 months and, at the 11
114+end of June 30, 2027, this Act, with no further action required by the General Assembly, 12
115+shall be abrogated and of no further force and effect. 13
116+
117+
118+
119+
120+
121+Approved:
122+________________________________________________________________________________
123+ Governor.
124+________________________________________________________________________________
125+ Speaker of the House of Delegates.
126+________________________________________________________________________________
127+ President of the Senate.