EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0693* HOUSE BILL 693 N1, C9 4lr4517 CF SB 481 By: The Speaker (By Request – Departmental – Housing and Community Development) and Delegates Allen, Amprey, Bhandari, Boafo, Boyce, Conaway, Ebersole, Embry, Fennell, Foley, Grossman, Guzzone, Harris, Henson, Hill, Ivey, Jackson, D. Jones, Kaufman, J. Long, McCaskill, Palakovich Carr, Pasteur, Patterson, Phillips, Pruski, Roberson, Rogers, Ruff, Ruth, Simmons, Simpson, Solomon, Stewart, Taveras, Taylor, Turner, Valderrama, Watson, White Holland, and Williams Introduced and read first time: January 25, 2024 Assigned to: Environment and Transportation and Judiciary A BILL ENTITLED AN ACT concerning 1 Renters’ Rights and Stabilization Act of 2024 2 FOR the purpose of increasing surcharges for certain landlord–tenant cases filed in the 3 District Court and prohibiting the court from assigning the surcharge against a 4 tenant; altering the priority and criteria in the Statewide Rental Assistance Voucher 5 Program that are followed by the Department of Housing and Community 6 Development and public housing agencies for providing vouchers and housing 7 assistance payments to families; establishing the Office of Tenants’ Rights in the 8 Department and requiring the Office to develop and publish a Maryland Tenants’ 9 Bill of Rights; requiring the most recently published version of the Maryland 10 Tenants’ Bill of Rights to be included as part of a residential lease; limiting the 11 maximum security deposit required by a residential lease to 1 month’s rent; 12 extending the time period between the granting of a judgment of possession in favor 13 of a landlord and the execution of a warrant of restitution against a tenant and 14 requiring the administrative judge of any district to stay the execution of a warrant 15 of restitution under certain circumstances; establishing certain requirements for the 16 voluntary transfer of title to certain residential rental property under certain 17 circumstances and establishing that those requirements preempt certain local law; 18 altering certain requirements for certain data collected by the Judiciary and 19 provided to the Department; and generally relating to residential tenancies. 20 BY repealing and reenacting, with amendments, 21 Article – Courts and Judicial Proceedings 22 Section 7–301(c) 23 Annotated Code of Maryland 24 2 HOUSE BILL 693 (2020 Replacement Volume and 2023 Supplement) 1 BY repealing and reenacting, without amendments, 2 Article – Housing and Community Development 3 Section 4–2901(a), (d), (e), (i), (j), and (k) 4 Annotated Code of Maryland 5 (2019 Replacement Volume and 2023 Supplement) 6 BY repealing and reenacting, with amendments, 7 Article – Housing and Community Development 8 Section 4–2906 9 Annotated Code of Maryland 10 (2019 Replacement Volume and 2023 Supplement) 11 BY adding to 12 Article – Housing and Community Development 13 Section 5–101 through 5–104 to be under the new title “Title 5. Office of Tenants’ 14 Rights” 15 Annotated Code of Maryland 16 (2019 Replacement Volume and 2023 Supplement) 17 BY adding to 18 Article – Real Property 19 Section 8–119 20 Annotated Code of Maryland 21 (2023 Replacement Volume) 22 BY repealing and reenacting, with amendments, 23 Article – Real Property 24 Section 8–203(b), 8–208(c) and (d), 8–401(b)(2)(iv) and (f)(1)(i) and (2), and 14–133 25 Annotated Code of Maryland 26 (2023 Replacement Volume) 27 BY repealing and reenacting, without amendments, 28 Article – Real Property 29 Section 8–208(b) and 8–401(a) 30 Annotated Code of Maryland 31 (2023 Replacement Volume) 32 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33 That the Laws of Maryland read as follows: 34 Article – Courts and Judicial Proceedings 35 7–301. 36 (c) (1) The filing fees and costs in a civil case are those prescribed by law 37 HOUSE BILL 693 3 subject to modification by law, rule, or administrative regulation. 1 (2) The Chief Judge of the District Court shall assess a surcharge that: 2 (i) May not be more than: 3 1. [$8] $93 per [summary ejectment] case FOR THE 4 FOLLOWING CASES : 5 A. SUMMARY EJECTMENT ; 6 B. TENANT HOLDING OVER ; OR 7 C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 8 POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 9 2. $18 per case for all other civil cases; and 10 (ii) Shall be deposited: 11 1. FOR A SURCHARGE ASSES SED UNDER 12 SUBPARAGRAPH (I)1 OF THIS PARAGRAPH : 13 A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE 14 VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 15 COMMUNITY DEVELOPMENT ARTICLE; AND 16 B. 50% INTO THE MARYLAND LEGAL SERVICES 17 CORPORATION FUND ESTABLISHED UNDER § 11–402 OF THE HUMAN SERVICES 18 ARTICLE; AND 19 2. FOR A SURCHARGE ASSES SED UNDER 20 SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , into the Maryland Legal Services 21 Corporation Fund established under § 11–402 of the Human Services Article. 22 (3) (i) In addition to the surcharge assessed under paragraph (2) of this 23 subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 24 more than $10 per case for the following cases filed in Baltimore City: 25 1. Summary ejectment; 26 2. Tenant holding over; 27 3. Breach of lease; and 28 4 HOUSE BILL 693 4. Warrant of restitution. 1 (ii) The revenue generated from the surcharge on filing fees collected 2 by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 3 1. Remitted quarterly to the Baltimore City Director of 4 Finance; and 5 2. Used to fund the enhancement of sheriff benefits and the 6 increase in sheriff personnel to enhance the service of domestic violence orders. 7 (4) In addition to the surcharge assessed under paragraphs (2) and (3) of 8 this subsection, the Chief Judge of the District Court shall assess a surcharge that: 9 (i) May not be more than: 10 1. $3 per summary ejectment case; and 11 2. $8 per case for all other civil cases; and 12 (ii) Shall be deposited into the Circuit Court Real Property Records 13 Improvement Fund established under § 13–602 of this article. 14 (5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 15 SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 16 OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT . 17 [(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 18 of prepayment of filing fees and other costs in cases of indigency. 19 Article – Housing and Community Development 20 4–2901. 21 (a) In this subtitle the following words have the meanings indicated. 22 (d) (1) “Family” means an individual or group of individuals eligible for 23 assistance under the State Program. 24 (2) “Family” includes a preference category established under § 4–2906 of 25 this subtitle. 26 (e) “Housing assistance payment” means the monthly assistance payment paid 27 for a family under the State Program. 28 HOUSE BILL 693 5 (i) (1) “Public housing agency” means an entity authorized by the U.S. 1 Department of Housing and Urban Development to administer the federal Housing Choice 2 Voucher Program in the State. 3 (2) “Public housing agency” does not include the Department. 4 (j) “State Program” means the Statewide Rental Assistance Voucher Program 5 established under this subtitle. 6 (k) “Voucher” means a document issued by the Department or a public housing 7 agency to a family that is selected to receive assistance under the State Program, which 8 describes the State Program and procedures under the State Program. 9 4–2906. 10 (A) The Department and each public housing agency shall equally prioritize 50% 11 OF vouchers and housing assistance payments for families that include: 12 (1) a child who is: 13 (I) AT LEAST 5 YEARS OLD; BUT 14 (II) under the age of 18 years; 15 (2) a foster child who is: 16 (i) at least 18 years old; but 17 (ii) under the age of 24 years; 18 (3) a military veteran; 19 (4) an individual experiencing homelessness; 20 (5) a disabled individual; or 21 (6) an elderly individual. 22 (B) THE DEPARTMENT AND EACH P UBLIC HOUSING AG ENCY SHALL 23 EQUALLY PRIORITIZE 50% OF VOUCHERS AND HOUS ING ASSISTANCE PAYME NTS 24 FOR FAMILIES THAT IN CLUDE: 25 (1) A CHILD UNDER THE AG E OF 5 YEARS; OR 26 (2) A PREGNANT INDIVIDUA L. 27 6 HOUSE BILL 693 TITLE 5. OFFICE OF TENANTS’ RIGHTS. 1 5–101. 2 (A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3 INDICATED. 4 (B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE OF TENANTS’ 5 RIGHTS. 6 (C) “OFFICE” MEANS THE OFFICE OF TENANTS’ RIGHTS. 7 (D) (1) “TENANT” MEANS A RESIDENTIAL TENANT. 8 (2) “TENANT” INCLUDES: 9 (I) A SUBTENANT; 10 (II) A LESSEE; 11 (III) A SUBLESSEE; AND 12 (IV) ANY OTHER INDIVIDUAL , OTHER THAN AN OWNER , WHO IS 13 ENTITLED TO THE POSS ESSION OR OCCUPANCY , OR THE BENEFITS OF P OSSESSION 14 OR OCCUPANCY , OF ANY RESIDENTIAL R ENTAL UNIT IN THE STATE. 15 5–102. 16 (A) THERE IS AN OFFICE OF TENANTS’ RIGHTS IN THE DEPARTMENT . 17 (B) THE PURPOSE OF THE OFFICE IS TO: 18 (1) ENSURE THAT TENANTS HAVE ACCESS TO EDUCA TIONAL 19 RESOURCES TO AID IN UNDERSTANDING AND EX ERCISING THE TENANTS ’ RIGHTS 20 UNDER STATE LAW; 21 (2) PROVIDE TENANTS WITH INFORMA TION ON HOW TO REPOR T A 22 VIOLATION OF THEIR L EGAL RIGHTS AS TENAN TS AND FACILITATE RE FERRALS OF 23 REPORTED VIOLATIONS TO APPROPRIATE ENFOR CEMENT AGENCIES ; 24 (3) PROVIDE TENANTS WITH INFORMATION ON HOW T O OBTAIN 25 FINANCIAL COUNSELING ; AND 26 (4) NOTIFY APPROPRIATE A UTHORITIES REGARDING HOUSING 27 HOUSE BILL 693 7 DISCRIMINATION AND O THER UNFAIR OR ILLEG AL HOUSING PRACTICES . 1 5–103. 2 (A) THE SECRETARY SHALL APPOI NT THE DIRECTOR OF THE OFFICE. 3 (B) THE DIRECTOR: 4 (1) SERVES AT THE PLEASU RE OF THE SECRETARY; AND 5 (2) REPORTS TO THE SECRETARY. 6 5–104. 7 (A) THE OFFICE SHALL: 8 (1) DEVELOP RESOURCES TO AID TENANTS IN UNDER STANDING AND 9 EXERCISING THE LEGAL RIGHTS OF TENANTS , INCLUDING: 10 (I) A MARYLAND TENANTS’ BILL OF RIGHTS, SUMMARIZING 11 THE EXISTING RIGHTS AND REMEDIES AVAILAB LE TO RESIDENTIAL TE NANTS UNDER 12 STATE AND FEDERAL LAW ; AND 13 (II) A PUBLICLY ACCESSIBL E WEBSITE TO PROVIDE ACCESS TO 14 THE MARYLAND TENANTS’ BILL OF RIGHTS AND OTHER RELE VANT 15 INFORMATIONAL RESOUR CES; 16 (2) ESTABLISH POINTS OF CONTACT WITHIN THE OFFICE BY WHICH A 17 TENANT MAY REPORT A VIOLATION BY A LANDL ORD OR A PERSON ACTI NG ON 18 BEHALF OF A LANDLORD FOR REFERRAL TO APPR OPRIATE ENFORCEMENT 19 AGENCIES; AND 20 (3) PROVIDE RESOURCES TO FACILITATE ACCESS BY TENANTS TO 21 CREDIT COUNSELING . 22 (B) THE OFFICE MAY: 23 (1) IMPLEMENT FAIR HOUSI NG TESTING TO ENSURE COMPLIANCE BY 24 LANDLORDS WITH FAIR HOUSING LAWS ; AND 25 (2) IDENTIFY LANDLORDS T HAT ARE OUT OF COMPL IANCE WITH 26 FEDERAL, STATE, OR LOCAL LAW AND FAC ILITATE REFERRALS OF CASES TO AN 27 APPROPRIATE LA W ENFORCEMENT AGENCY OR ANOTHER APPROPRIA TE AGENCY. 28 8 HOUSE BILL 693 (C) (1) ON OR BEFORE JUNE 1 EACH YEAR, THE OFFICE SHALL PUBLISH 1 THE MARYLAND TENANTS’ BILL OF RIGHTS ON ITS WEBSITE . 2 (2) THE MARYLAND TENANTS’ BILL OF RIGHTS SHALL INCLUDE 3 CONTACT INFORMATION FOR THE OFFICE. 4 Article – Real Property 5 8–119. 6 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7 INDICATED. 8 (2) “BONA FIDE OFFER ” MEANS AN OFFER OF SA LE FOR A 9 RESIDENTIAL RENTAL P ROPERTY: 10 (I) FOR A PRICE AND WITH OTHER MATERIAL TERMS THAT ARE 11 AT LEAST AS FAVORABL E AS THOSE ACCEPTED BY A PURCHASER IN AN 12 ARM’S–LENGTH, THIRD–PARTY CONTRACT FOR T HE SALE OF THE PROPE RTY; OR 13 (II) IN THE ABSENCE OF AN ARM’S–LENGTH, THIRD–PARTY 14 CONTRACT: 15 1. FOR A PRICE AND WITH OTHER MATERIAL TERMS 16 COMPARABLE TO THOSE FOR WHICH A WILLING SELLER WOULD SELL , AND A 17 WILLING BUYER WOULD PURCHASE, THE PROPERTY ; OR 18 2. FOR THE APPRAISED VAL UE OF THE PROPERTY . 19 (3) “DATE OF MAILING ” MEANS THE DATE OF PO STMARK B Y THE 20 UNITED STATES POSTAL SERVICE. 21 (4) (I) “TENANT” MEANS A LESSEE OF A RESIDENTIAL RENTAL 22 PROPERTY WHO HAS RES IDED AT THE RESIDENT IAL RENTAL PROPERTY FOR NOT 23 LESS THAN 6 MONTHS. 24 (II) “TENANT” INCLUDES A SUBTENANT , A SUBLESSEE, OR ANY 25 OTHER INDIVID UAL ENTITLED TO THE POSSESSION OR OCCUPA NCY, OR THE 26 BENEFITS OF OCCUPANC Y, OF A RESIDENTIAL REN TAL UNIT OWNED BY AN OTHER 27 PERSON. 28 (B) THIS SECTION DOES NOT APPLY TO THE FOLLOWI NG: 29 (1) A TRANSFER OF TITLE TO THE SPOUSE , CHILD, PARENT, OR 30 HOUSE BILL 693 9 SIBLING OF THE OWNER, OR TO THE PARENT OR SIBLING OF THE SPOUS E OF THE 1 OWNER; 2 (2) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT 3 OR THROUGH INHERITAN CE; 4 (3) A TRANSFER OF TITLE TO A GOVERNMENT AGENCY ; 5 (4) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE 6 OR DEED OF TRUST ; 7 (5) PROPERTY DONATED AS A GIFT TO ANY NONPROFI T 8 ORGANIZATION EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL 9 REVENUE CODE; OR 10 (6) RESIDENTIAL RENTAL PR OPERTY WITH FIVE OR MORE 11 INDIVIDUAL DWELLING UNITS. 12 (C) (1) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A RESIDENTIAL 13 RENTAL PROPERTY MAY OCCUR, ANY TENANT OR GROUP OF TENANTS OF THE 14 PROPERTY, AS APPLICABLE , SHALL HAVE THE RIGHT OF FIRST REFUSAL TO 15 PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 16 SECTION. 17 (2) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y RESIDENTIAL 18 RENTAL PROPERTY TO W HICH THE REQUIREMENT S OF THIS SECTION AP PLY IS 19 SUBJECT TO THE EXERC ISE OF THE RIGHT OF FIRST REFUSAL BY A T ENANT OR 20 GROUP OF TENANTS. 21 (D) (1) AN OWNER OF A TENANT –OCCUPIED, SINGLE–FAMILY 22 RESIDENTIAL RENTAL P ROPERTY THAT ENTERS INTO A BONA FIDE CON TRACT OF 23 SALE FOR THE PROPERT Y SHALL PROVIDE WRIT TEN NOTICE TO EACH T ENANT OF 24 THE PROPERTY WITHIN 5 DAYS AFTER ENTERING INTO THE CO NTRACT VIA 25 CERTIFIED MAIL, RETURN RECEIPT REQUE STED. 26 (2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL 27 INCLUDE: 28 (I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO THE 29 TENANT AT A PRICE ID ENTICAL TO ANY PENDI NG BONA FIDE CONTRAC T OF SALE 30 WITH A THIRD PARTY AND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 31 SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ; 32 (II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO 33 10 HOUSE BILL 693 EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 1 1. APPRAISAL INFORM ATION; 2 2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 3 3. OPERATING INFORMATION ; AND 4 (III) ANY INFORMATION REGAR DING DEADLINES FOR A 5 RESPONSE TO THE BONA FIDE OFFER TO SELL . 6 (3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A TENANT UNDER 7 PARAGRAPH (2) OF THIS SUBSECTION M AY NOT INCLUDE A RES TRICTION ON 8 FINANCING METHODS OR THE RIGHT OF INSPECT ION. 9 (4) A TENANT SHALL HAVE 20 DAYS AFTER THE DATE OF DELIVERY 10 OF THE NOTICE AND OF FER OF SALE TO INFOR M THE OWNER OF THE T ENANT’S 11 INTENT TO EXER CISE THE RIGHT OF FI RST REFUSAL BY FIRST –CLASS MAIL. 12 (5) IF A TENANT FAILS TO RESPOND WITHIN 20 DAYS AFTER THE DATE 13 OF DELIVERY OF THE N OTICE AND OFFER OF S ALE, OR DECLINES TO EXERC ISE THE 14 RIGHT OF FIRST REFUS AL, THE TENANT ’S RIGHT OF FIRST REF USAL SHAL L BE 15 CONSIDERED WAIVED . 16 (6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 17 NOTIFICATION OF THE INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY A 18 TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION , AN OWNER SHALL DELIV ER 19 TO THE TENANT AN EXE CUTED CONTRACT OF SALE FOR THE PROPERT Y ON THE 20 SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE 21 ARM’S–LENGTH, THIRD–PARTY CONTRACT . 22 (7) AFTER DELIVERY OF A C ONTRACT BY AN OWNER UNDER 23 PARAGRAPH (6) OF THIS SUBSECTION , THE TENANT SHALL HAV E 10 DAYS TO 24 EXECUTE AND RETURN THE CONTRACT, ALONG WITH ANY REQUI RED DEPOSIT AND 25 PROOF OF FINANCING , TO THE OWNER . 26 (E) (1) AN OWNER OF A TENANT –OCCUPIED, RESIDENTIAL RENTAL 27 PROPERTY CONTAINING MORE THAN ONE BUT FE WER THAN FIVE INDIVI DUAL 28 DWELLING UNITS THAT ENTERS INTO A BONA FIDE CONTRA CT OF SALE FOR THE 29 PROPERTY SHALL PROVI DE WRITTEN NOTICE TO EACH TENANT OF THE P ROPERTY 30 VIA CERTIFIED MAIL , RETURN RECEIPT REQUE STED, WITHIN 5 DAYS AFTER 31 ENTERING INTO THE CO NTRACT. 32 (2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL 33 HOUSE BILL 693 11 INCLUDE: 1 (I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP 2 OF TENANTS AT A PRIC E IDENTICAL TO ANY P ENDING BONA FIDE CON TRACT OF SALE 3 WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 4 SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF THAT CONT RACT; 5 (II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO 6 EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 7 1. APPRAISAL INFORMATION ; 8 2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 9 3. OPERATING INFORMATION ; AND 10 (III) ANY INFORMATION REGAR DING DEADLINES FOR A 11 RESPONSE TO THE BONA FIDE OFFER TO SELL . 12 (3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP OF 13 TENANTS UNDER PARAGR APH (2) OF THIS SUBSECTION M AY NOT INCLUDE A 14 RESTRICTION ON FINAN CING OR ON THE RIGHT OF INSPECTION. 15 (4) A GROUP OF TENANTS ACT ING JOINTLY SHALL HA VE 20 DAYS 16 AFTER THE DATE OF MA ILING OF THE NOTICE AND OFFER OF SALE RE QUIRED 17 UNDER PARAGRAPH (1) OF THIS SUBSECTION T O INFORM THE OWNER O F THE 18 TENANTS’ INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST –CLASS 19 MAIL. 20 (5) (I) IF A GROUP OF TENANTS ACTING JOINTLY FAILS TO 21 RESPOND TO THE NOTIC E AND OFFER OF SALE IN ACCORDANCE WITH P ARAGRAPH 22 (4) OF THIS SUBSECTION , OR JOINTLY DECLINES TO EXERCISE THE RIGH T OF FIRST 23 REFUSAL, AN INDIVIDUAL TENAN T MAY, WITHIN 20 DAYS AFTER THE EXPIR ATION OF 24 THE TIME FOR A GROUP OF TENANTS ACTING JO INTLY TO RESPOND , NOTIFY THE 25 OWNER VIA FIRST –CLASS MAIL OF THE IN DIVIDUAL TENANT ’S INTENT TO EXERCISE 26 THE RIGHT OF FIRST R EFUSAL. 27 (II) IF MORE THAN ONE TENA NT PROVID ES NOTICE TO AN 28 OWNER IN ACCORDANCE WITH THIS PARAGRAPH , THE OWNER MAY DECIDE WHICH 29 CONTRACT IS MORE FAV ORABLE WITHOUT LIABI LITY TO ANOTHER TENA NT. 30 (6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 31 NOTIFICATION IN ACCO RDANCE WITH PARAGRAP H (4) OR (5) OF THIS SUBSECTION , 32 THE OWNER SHALL DELI VER TO THE GROUP OF TENANTS ACTING JOINT LY OR THE 33 12 HOUSE BILL 693 INDIVIDUAL TENANT AN EXECUTED CONTRACT OF SALE FOR THE PROPERT Y ON THE 1 SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE 2 ARM’S–LENGTH, THIRD–PARTY CONTRACT. 3 (7) A GROUP OF TENANTS ACT ING JOINTLY OR AN IN DIVIDUAL 4 TENANT SHALL HAVE 10 DAYS AFTER DELIVERY TO EXECUTE AND RETUR N THE 5 CONTRACT ALONG WITH ANY REQUIRED DEPOSIT AND PROOF OF FINANCI NG TO THE 6 OWNER. 7 (F) AN OWNER MAY NOT REQU IRE A TENANT OR GROUP OF TENANTS TO 8 SECURE FINANCING AND FINANCIAL ASSISTANCE FOR A PURCHASE OF PR OPERTY 9 UNDER THIS SECTION L ESS THAN 90 DAYS AFTER THE DATE OF RETURN OF AN 10 EXECUTED CONTRACT . 11 (G) ANY DEPOSIT REQUIRED BY A CONTRACT OF SAL E UNDER THIS SECTION 12 MAY NOT EXCE ED 4% OF THE SALE PRICE . 13 (H) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED 14 OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID . 15 (I) AN OWNER WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 16 AND ON CONVICTION IS SUBJECT TO A FIN E OF NOT MORE THAN $1,000 PER 17 VIOLATION. 18 (J) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT 19 JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THIS SEC TION. 20 (K) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING 21 THE RIGHT OF FIRST R EFUSAL OF A JURISDICTION OR TENANT FOR THE PURCH ASE 22 OF A RESIDENTIAL PRO PERTY WITH FOUR OR F EWER INDIVIDUAL DWEL LING UNITS. 23 8–203. 24 (b) (1) A landlord may not impose a security deposit in excess of the equivalent 25 of [two months’] 1 MONTH’S rent per dwelling unit, regardless of the number of tenants. 26 (2) If a landlord [charges more than the equivalent of two months’ rent per 27 dwelling unit as a security deposit] VIOLATES PARAGRAPH (1) OF THIS SUBSECTION , 28 the tenant may recover up to [threefold] THREE TIMES the extra amount charged, plus 29 reasonable attorney’s fees. 30 (3) An action under this section may be brought at any time during the 31 tenancy or within [two] 2 years after its termination. 32 HOUSE BILL 693 13 8–208. 1 (b) A landlord who rents using a written lease shall provide, upon written request 2 from any prospective applicant for a lease, a copy of the proposed form of lease in writing, 3 complete in every material detail, except for the date, the name and address of the tenant, 4 the designation of the premises, and the rental rate without requiring execution of the lease 5 or any prior deposit. 6 (c) A lease shall include: 7 (1) A statement that the premises will be made available in a condition 8 permitting habitation, with reasonable safety, if that is the agreement, or if that is not the 9 agreement, a statement of the agreement concerning the condition of the premises; 10 (2) The landlord’s and the tenant’s specific obligations as to heat, gas, 11 electricity, water, and repair of the premises; [and] 12 (3) A receipt for the security deposit as specified in § 8–203.1 of this 13 subtitle; AND 14 (4) A COPY OF THE MOST CUR RENT VERSION OF THE MARYLAND 15 TENANTS’ BILL OF RIGHTS PUBLISHED BY T HE OFFICE OF TENANTS’ RIGHTS IN 16 THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMEN T. 17 (d) A landlord may not use a lease or form of lease containing any provision that: 18 (1) Has the tenant authorize any person to confess judgment on a claim 19 arising out of the lease; 20 (2) Has the tenant agree to waive or to forego any right or remedy provided 21 by applicable law; 22 (3) (i) Provides for a penalty for the late payment of rent in excess of 23 5% of the amount of rent due for the rental period for which the payment was delinquent; 24 or 25 (ii) In the case of leases under which the rent is paid in weekly rental 26 installments, provides for a late penalty of more than $3 per week or a total of no more than 27 $12 per month; 28 (4) Has the tenant waive the right to a jury trial; 29 (5) Has the tenant agree to a period required for landlord’s notice to quit 30 which is less than that provided by applicable law[; provided, however, that neither party 31 is prohibited from agreeing], EXCEPT THAT THE PART IES MAY AGREE to a longer notice 32 period than that required by applicable law; 33 14 HOUSE BILL 693 (6) Authorizes the landlord to take possession of the leased premises, or 1 the tenant’s personal property unless the lease has been terminated by action of the parties 2 or by operation of law, and the personal property has been abandoned by the tenant without 3 the benefit of formal legal process; 4 (7) Is against public policy and void [pursuant to] UNDER § 8–105 of this 5 title; 6 (8) Permits a landlord to commence an eviction proceeding or issue a notice 7 to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant 8 organization with the purpose of negotiating collectively with the landlord; 9 (9) Requires the tenant to accept notice of rent increases under § 8–209 OF 10 THIS SUBTITLE by electronic delivery; [or] 11 (10) (i) Limits the ability of a tenant to summon the assistance of law 12 enforcement or emergency services or penalizes a tenant solely for summoning the 13 assistance of law enforcement or emergency services; or 14 (ii) Penalizes a tenant for the actions of another individual solely 15 because the individual summoned the assistance of law enforcement or emergency services; 16 (11) REQUIRES A TENANT TO PAY MORE THAN THE SU M OF THE 17 SECURITY DEPOSIT UND ER § 8–203(B) OF THIS SUBTITLE AND THE FIRST MONTH ’S 18 RENT IN ORDER TO COM MENCE THE LEASE AND OCCUPY THE PREMISES ; 19 (12) WAIVES OR PLACES COND ITIONS ON A TENANT ’S RIGHT OF FIRST 20 REFUSAL UNDER § 8–119 OF THIS TITLE; OR 21 (13) PROVIDES THAT A TENAN T IS RESPONSIBLE FOR , OR REQUIRES A 22 TENANT TO AGREE TO B E RESPONSIBLE FOR , PAYMENT OF A FILING SURCHARGE 23 ASSESSED AGAINST THE LANDLORD BY THE DISTRICT COURT UNDER § 24 7–301(C)(2)(I)1 OF THE COURTS ARTICLE. 25 8–401. 26 (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 27 shall be lawful for the landlord to have again and repossess the premises in accordance 28 with this section. 29 (b) (2) Subject to § 8–406 of this subtitle and after completing the procedures 30 required under subsection (c) of this section, a landlord or the landlord’s duly qualified 31 agent or attorney may file the landlord’s written complaint under oath or affirmation, in 32 the District Court of the county wherein the property is situated: 33 HOUSE BILL 693 15 (iv) Requesting to repossess the premises and, if requested by the 1 landlord, a judgment for the amount of rent due, costs, EXCLUDING ANY SURCHARGE 2 ASSESSED AGAINST A L ANDLORD UNDER § 7–301(C) OF THE COURTS ARTICLE, and 3 any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant 4 under § 7–309 of the Public Utilities Article; 5 (f) (1) (i) Subject to the provisions of paragraph (2) of this subsection, if 6 judgment is given in favor of the landlord, and the tenant fails to comply with the 7 requirements of the order within [4] 7 days, the court shall, at any time after the expiration 8 of the [4] 7 days, issue its warrant, directed to any official of the county entitled to serve 9 process, ordering the official to cause the landlord to have again and repossess the property 10 by putting the landlord [(or], OR the landlord’s duly qualified agent or attorney [for the 11 landlord’s benefit)], in possession [thereof] OF THE PROPERTY , and for that purpose to 12 remove from the property, by force if necessary, all the furniture, implements, tools, goods, 13 effects or other chattels of every description whatsoever belonging to the tenant, or to any 14 person claiming or holding by or under [said] THE tenant. 15 (2) (i) The administrative judge of any district [may] SHALL stay the 16 execution of a warrant of restitution of a residential property, from day to day, in the event 17 of [extreme]: 18 1. EXTREME weather conditions, INCLUDING: 19 A. A TEMPERATURE OR NEXT –DAY FORECASTED 20 TEMPERATURE OF 32 DEGREES FAHRENHEIT OR LOWER ; 21 B. A WINTER STORM WARNING OR BLIZZARD WARNING 22 ISSUED BY THE NATIONAL WEATHER SERVICE; 23 C. A HURRICANE WARNING OR TROPICAL STORM 24 WARNING ISSUED BY TH E NATIONAL WEATHER SERVICE; AND 25 D. AN EXCESSIVE HEAT WAR NING ISSUED BY THE 26 NATIONAL WEATHER SERVICE; OR 27 2. ANY OTHER STATE OF EM ERGENCY DECLARED 28 UNDER § 14–107 OF THE PUBLIC SAFETY ARTICLE. 29 (ii) When a stay has been granted under this paragraph, the 30 execution of the warrant of restitution for which the stay has been granted shall be given 31 priority and completed within [3] 5 days after the extreme weather conditions cease OR 32 THE STATE OF EMERGEN CY IS TERMINATED OR EXPIRES. 33 SECTION 2. AND BE IT FURTHER E NACTED, That the Laws of Maryland read 34 as follows: 35 16 HOUSE BILL 693 Article – Real Property 1 14–133. 2 (a) (1) In this section the following words have the meanings indicated. 3 (2) “COMPLAINT” MEANS A COMPLAINT FI LED UNDER TITLE 7, 4 SUBTITLE 1 OF THIS ARTICLE , § 8–401, § 8–402, § 8–402.1, OR § 8–402.2 OF THIS 5 ARTICLE, OR § 14–132 OF THIS SUBTITLE. 6 [(2)] (3) “Department” means the Department of Housing and 7 Community Development. 8 [(3)] (4) “Eviction data” means, for each PREMISES SUBJECT TO A 9 warrant [of restitution or writ of possession issued in accordance with a judgment for 10 possession of residential property entered under Title 7, Subtitle 1 of this article, §§ 8–401 11 through 8–402.2 of this article, or § 14–132 of this subtitle], REGARDLESS OF WHETHE R 12 AN EVICTION OCCURS, THE FOLLOWING INFORM ATION: 13 (i) THE NAME OF THE LANDL ORD OF THE PREMISES ; 14 (II) The STREET ADDRESS , CITY, county, and zip code of the 15 [subject] premises SUBJECT TO THE WARRA NT; 16 [(ii) The date of execution of the warrant or writ; and 17 (iii) The type of action from which the warrant or writ was issued] 18 (III) THE DATE OF FILING OF THE COMPLAINT AND TH E TYPE OF 19 ACTION; 20 (IV) FOR A HEARING OR TRIA L RELATING TO THE CO MPLAINT: 21 1. WHETHER THE TENANT AP PEARED AT THE HEARIN G 22 OR TRIAL; AND 23 2. WHETHER THE TENANT HA D LEGAL REPRESENTATI ON; 24 (V) THE DATE OF ENTRY OF A JUDGMENT FOR POSSE SSION; 25 (VI) IF APPLICABLE, WHETHER THE RIGHT OF REDEMPTION WAS 26 FORECLOSED AT THE TI ME OF THE ENTRY OF J UDGMENT FOR POSSESSI ON; 27 (VII) THE DATE OF ISSUANCE OF THE WARRANT ; AND 28 HOUSE BILL 693 17 (VIII) THE OUTCOME OF THE IS SUANCE OF THE WARRAN T, 1 INCLUDING: 2 1. AN EVICTION EXECUTED BY A SHERIFF’S OFFICE; 3 2. THE CANCELLATION OF T HE WARRANT ; 4 3. THE EXPIRATION OF THE WARRANT; AND 5 4. ANY OTHER OUTCOME. 6 (5) “PUBLICLY DISCLOSABLE DATA” MEANS DATA THAT IS N OT 7 REQUIRED TO BE WITHH ELD FROM DISCLOSURE UNDER THE PUBLIC INFORMATION 8 ACT OR ANY OTHER LAW . 9 (6) “WARRANT” MEANS A WARRANT OF R ESTITUTION, A WARRANT 10 ISSUED TO A SHERIFF OR CONSTABLE COMMANDING A TENANT TO DE LIVER 11 POSSESSION TO A LAND LORD, OR A WRIT OF POSSESS ION, ISSUED AS THE RESULT 12 OF A JUDGMENT FOR PO SSESSION OF RESIDENT IAL PROPERTY. 13 (b) (1) Each month, the Judiciary shall collect, compile, and share complete 14 eviction data from the immediately preceding month with the Department in the manner 15 required by the Department. 16 (2) IF THE JUDICIARY DISCOVERS T HAT EVICTION DATA SH ARED 17 WITH THE DEPARTMENT FOR ANY CO LLECTION PERIOD IS I NACCURATE OR 18 INCOMPLETE , THE JUDICIARY SHALL NOTIF Y THE DEPARTMENT OF THE 19 INACCURACY OR INCOMP LETENESS AND PROVIDE THE DEPARTMENT WITH 20 UPDATED EVICTION DAT A. 21 (c) The Department shall: 22 (1) Organize and format the data received under subsection (b) of this 23 section; 24 (2) Publish the PUBLICLY DISCLOSABLE data in a data dashboard on the 25 Department’s website and update the dashboard monthly; 26 (3) Make the PUBLICLY DISCLOSABLE data available for download in 27 open data sets that allow automated searching, spatial analysis, visualization, and 28 processing, on request by: 29 (i) A State agency; 30 18 HOUSE BILL 693 (ii) An agency of a county or municipal corporation; or 1 (iii) An academic institution located in the State; and 2 (4) On or before August 31, 2023, and each year thereafter, submit a report 3 on the eviction data to the Governor and, in accordance with § 2–1257 of the State 4 Government Article, the General Assembly. 5 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 6 effect October 1, 2025. 7 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 8 3 of this Act, this Act shall take effect October 1, 2024. 9