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. *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 Williams, Addison, Davis, Healey, Holmes, Lehman, Love, and Terrasa Introduced and read first time: January 25, 2024 Assigned to: Environment and Transportation and Judiciary Committee Report: Favorable with amendments House action: Adopted Read second time: March 6, 2024 CHAPTER ______ 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 Tenant 8 and Landlord Affairs in the Department of Housing and Community Development 9 and requiring the Office to develop and publish a Maryland Tenants’ Bill of Rights; 10 requiring the most recently published version of the Maryland Tenants’ Bill of Rights 11 to be included as part of a residential lease; limiting the maximum security deposit 12 required by a residential lease to 1 month’s rent; requiring a landlord to include proof 13 in a complaint for repossession of a residential premises for failure to pay rent that 14 the landlord provided certain notice; prohibiting a landlord from including a certain 15 term pertaining to electronic delivery of certain notice in a lease agreement; 16 extending the time period between the granting of a judgment of possession in favor 17 of a landlord and the execution of a warrant of restitution against a tenant and 18 2 HOUSE BILL 693 requiring the administrative judge of any district to stay the execution of a warrant 1 of restitution under certain circumstances; establishing certain requirements for the 2 voluntary transfer of title to certain residential rental property under certain 3 circumstances and establishing that those requirements preempt certain local law; 4 requiring the Department to regularly gather and publish data related to the 5 voluntary transfer of title to certain residential rental property; increasing 6 surcharges on certain fees, charges, and costs in certain civil cases in the circuit 7 courts and District Court; prohibiting the court from assigning a certain surcharge 8 against a tenant under certain circumstances; altering certain requirements for 9 certain data collected by the Judiciary and provided to the Department; and 10 generally relating to residential tenancies. 11 BY repealing and reenacting, with amendments, 12 Article – Courts and Judicial Proceedings 13 Section 7–301(c) 14 Annotated Code of Maryland 15 (2020 Replacement Volume and 2023 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – Housing and Community Development 18 Section 4–2901(a), (d), (e), (i), (j), and (k) 19 Annotated Code of Maryland 20 (2019 Replacement Volume and 2023 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Housing and Community Development 23 Section 4–2906 24 Annotated Code of Maryland 25 (2019 Replacement Volume and 2023 Supplement) 26 BY adding to 27 Article – Housing and Community Development 28 Section 5–101 through 5–104 to be under the new title “Title 5. Office of Tenants’ 29 Rights Tenant and Landlord Affairs” 30 Annotated Code of Maryland 31 (2019 Replacement Volume and 2023 Supplement) 32 BY adding to 33 Article – Real Property 34 Section 8–119 and 8–120 35 Annotated Code of Maryland 36 (2023 Replacement Volume) 37 BY repealing and reenacting, with amendments, 38 Article – Real Property 39 Section 8–203(b), 8–208(c) and (d), 8–401(b)(2)(iv), (c), and (f)(1)(i) and (2), and 40 14–133 41 HOUSE BILL 693 3 Annotated Code of Maryland 1 (2023 Replacement Volume) 2 BY repealing and reenacting, without amendments, 3 Article – Real Property 4 Section 8–208(b) and 8–401(a) 5 Annotated Code of Maryland 6 (2023 Replacement Volume) 7 BY repealing and reenacting, with amendments, 8 Article – Courts and Judicial Proceedings 9 Section 7–202(d) and 7–301(c) 10 Annotated Code of Maryland 11 (2020 Replacement Volume and 2023 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Courts and Judicial Proceedings 15 7–301. 16 (c) (1) The filing fees and costs in a civil case are those prescribed by law 17 subject to modification by law, rule, or administrative regulation. 18 (2) The Chief Judge of the District Court shall assess a surcharge that: 19 (i) May not be more than: 20 1. [$8] $93 per [summary ejectment] case FOR THE 21 FOLLOWING CASES : 22 A. SUMMARY EJECTMENT ; 23 B. TENANT HOLDING OVER ; OR 24 C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 25 POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TENANT; and 26 2. $18 per case for all other civil cases; and 27 (ii) Shall be deposited: 28 1. FOR A SURCHARGE ASSES SED UNDER 29 SUBPARAGRAPH (I)1 OF THIS PARAGRAPH : 30 4 HOUSE BILL 693 A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE 1 VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 2 COMMUNITY DEVELOPMENT ARTICLE; AND 3 B. 50% INTO THE MARYLAND LEGAL SERVICES 4 CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 5 ARTICLE; AND 6 2. FOR A SURCHARGE ASSES SED UNDER 7 SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , into the Maryland Legal Services 8 Corporation Fund established under § 11–402 of the Human Services Article. 9 (3) (i) In addition to the surcharge assessed under paragraph (2) of this 10 subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 11 more than $10 per case for the following cases filed in Baltimore City: 12 1. Summary ejectment; 13 2. Tenant holding over; 14 3. Breach of lease; and 15 4. Warrant of restitution. 16 (ii) The revenue generated from the surcharge on filing fees collected 17 by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 18 1. Remitted quarterly to the Baltimore City Director of 19 Finance; and 20 2. Used to fund the enhancement of sheriff benefits and the 21 increase in sheriff personnel to enhance the service of domestic violence orders. 22 (4) In addition to the surcharge assessed under paragraphs (2) and (3) of 23 this subsection, the Chief Judge of the District Court shall assess a surcharge that: 24 (i) May not be more than: 25 1. $3 per summary ejectment case; and 26 2. $8 per case for all other civil cases; and 27 (ii) Shall be deposited into the Circuit Court Real Property Records 28 Improvement Fund established under § 13–602 of this article. 29 HOUSE BILL 693 5 (5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 1 SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 2 OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT . 3 [(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 4 of prepayment of filing fees and other costs in cases of indigency. 5 Article – Housing and Community Development 6 4–2901. 7 (a) In this subtitle the following words have the meanings indicated. 8 (d) (1) “Family” means an individual or group of individuals eligible for 9 assistance under the State Program. 10 (2) “Family” includes a preference category established under § 4–2906 of 11 this subtitle. 12 (e) “Housing assistance payment” means the monthly assistance payment paid 13 for a family under the State Program. 14 (i) (1) “Public housing agency” means an entity authorized by the U.S. 15 Department of Housing and Urban Development to administer the federal Housing Choice 16 Voucher Program in the State. 17 (2) “Public housing agency” does not include the Department. 18 (j) “State Program” means the Statewide Rental Assistance Voucher Program 19 established under this subtitle. 20 (k) “Voucher” means a document issued by the Department or a public housing 21 agency to a family that is selected to receive assistance under the State Program, which 22 describes the State Program and procedures under the State Program. 23 4–2906. 24 (A) The Department and each public housing agency shall equally prioritize 50% 25 OF vouchers and housing assistance payments for families that include: 26 (1) a child who is: 27 (I) AT LEAST 5 YEARS OLD; BUT 28 (II) under the age of 18 years; 29 6 HOUSE BILL 693 (2) a foster child who is: 1 (i) at least 18 years old; but 2 (ii) under the age of 24 years; 3 (3) a military veteran; 4 (4) an individual experiencing homelessness; 5 (5) a disabled individual; or 6 (6) an elderly individual. 7 (B) THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL 8 EQUALLY PRIORITIZE 50% OF VOUCHERS AND HOUS ING ASSISTANCE PAYME NTS 9 FOR FAMILIES THAT IN CLUDE: 10 (1) A CHILD UNDER THE AGE OF 5 YEARS; OR 11 (2) A PREGNANT INDIVIDUA L. 12 TITLE 5. OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD AFFAIRS. 13 5–101. 14 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 15 INDICATED. 16 (B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE OF TENANTS’ 17 RIGHTS TENANT AND LANDLORD AFFAIRS. 18 (C) “OFFICE” MEANS THE OFFICE OF TENANTS’ RIGHTS TENANT AND 19 LANDLORD AFFAIRS. 20 (D) (1) “TENANT” MEANS A RESIDENTIAL TENANT. 21 (2) “TENANT” INCLUDES: 22 (I) A SUBTENANT; 23 (II) A LESSEE; 24 (III) A SUBLESSEE; AND 25 HOUSE BILL 693 7 (IV) ANY OTHER INDIVIDUAL , OTHER THAN AN OWNER , WHO IS 1 ENTITLED TO THE POSS ESSION OR OCCUPANCY , OR THE BENEFITS OF P OSSESSION 2 OR OCCUPANCY , OF ANY RESIDENTIAL R ENTAL UNIT IN THE STATE. 3 5–102. 4 (A) THERE IS AN OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD 5 AFFAIRS IN THE DEPARTMENT . 6 (B) THE PURPOSE OF THE OFFICE IS TO: 7 (1) ENSURE THAT TENANTS HAVE ACCESS TO EDUCA TIONAL 8 RESOURCES TO AID IN UNDERSTANDING AND EX ERCISING THE TENANTS ’ RIGHTS 9 UNDER STATE LAW; 10 (2) PROVIDE TENANTS WITH INFORMATION ON HOW T O REPORT A 11 VIOLATION OF THEIR L EGAL RIGHTS AS TENAN TS AND FACILITATE RE FERRALS OF 12 REPORTED VIOLATIONS TO APPROPRIATE ENFOR CEMENT AGENCIES ; 13 (3) PROVIDE TENANTS WITH INFORMATION ON HOW T O OBTAIN 14 FINANCIAL COUNSELING ; AND 15 (4) NOTIFY APPROPRIATE AUTHORIT IES REGARDING HOUSIN G 16 DISCRIMINATION AND O THER UNFAIR OR ILLEG AL HOUSING PRACTICES . 17 5–103. 18 (A) THE SECRETARY SHALL APPOI NT THE DIRECTOR OF THE OFFICE. 19 (B) THE DIRECTOR: 20 (1) SERVES AT THE PLEASU RE OF THE SECRETARY; AND 21 (2) REPORTS TO THE SECRETARY. 22 5–104. 23 (A) THE OFFICE SHALL: 24 (1) DEVELOP RESOURCES TO AID TENANTS IN UNDER STANDING AND 25 EXERCISING THE LEGAL RIGHTS OF TENANTS , INCLUDING: 26 (I) A MARYLAND TENANTS’ BILL OF RIGHTS, SUMMARIZING 27 THE EXISTING RIGHTS AND REMEDIES AVAILABLE TO RESIDEN TIAL TENANTS UNDER 28 STATE AND FEDERAL LAW ; AND 29 8 HOUSE BILL 693 (II) A PUBLICLY ACCESSIBL E WEBSITE TO PROVIDE ACCESS TO 1 THE MARYLAND TENANTS’ BILL OF RIGHTS AND OTHER RELE VANT 2 INFORMATIONAL RESOUR CES; 3 (2) ESTABLISH POINTS OF CONTACT WITHIN THE OFFICE BY WHICH A 4 TENANT MAY REPORT A VIOLATION BY A LANDL ORD OR A PERSON ACTI NG ON 5 BEHALF OF A LANDLORD FOR REFERRAL TO APPR OPRIATE ENFORCEMENT 6 AGENCIES; AND 7 (3) PROVIDE RESOURCES TO FACILITATE ACCESS BY TENANTS TO 8 CREDIT COUNSELING ; 9 (4) REFER COVERED INDIVIDUALS, AS DEFINED IN § 8–901 OF THE 10 REAL PROPERTY ARTICLE, TO THE ACCESS TO COUNSEL IN EVICTIONS PROGRAM 11 THAT IS ADMINISTERED BY THE MARYLAND LEGAL SERVICES CORPORATION ; 12 (5) COLLABORATE WITH COU NTY AND LOCAL GOVERN MENTS THAT 13 PROVIDE TENANT ADVOCACY AND ASSISTA NCE; 14 (6) RECEIVE NOTICES AND OTHER DOCUMENTS RELA TED TO A 15 TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD AND RIGHT OF FIRST REFUSAL UND ER 16 § 8–119 OF THE REAL PROPERTY ARTICLE; AND 17 (7) ADOPT REGULATIONS GO VERNING THE CONTENT AND DELIVERY 18 OF NOTICES FOR A TENANT ’S EXCLUSIVE NEGOTIAT ION PERIOD AND RIGHT OF FIRST 19 REFUSAL UNDER § 8–119 OF THE REAL PROPERTY ARTICLE. 20 (B) THE OFFICE MAY: 21 (1) IMPLEMENT FAIR HOUSI NG TESTING TO ENSURE COMPLIANCE BY 22 LANDLORDS WITH FAIR HOUSING LAWS ; AND 23 (2) IDENTIFY LANDLORDS THAT ARE OUT OF COMPLIANC E WITH 24 FEDERAL, STATE, OR LOCAL LAW AND FAC ILITATE REFERRALS OF CASES TO AN 25 APPROPRIATE LAW ENFO RCEMENT AGENCY OR AN OTHER APPROPRIATE AG ENCY. 26 (C) (1) ON OR BEFORE JUNE 1 EACH YEAR, THE OFFICE SHALL PUBLISH 27 THE MARYLAND TENANTS’ BILL OF RIGHTS ON ITS WEBSITE . 28 (2) THE MARYLAND TENANTS’ BILL OF RIGHTS SHALL INCLUDE 29 CONTACT INFORMATION FOR THE OFFICE. 30 Article – Real Property 31 HOUSE BILL 693 9 8–119. 1 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2 INDICATED. 3 (2) “BONA FIDE OFFER ” MEANS AN OFFER OF SA LE FOR A 4 RESIDENTIAL RENTAL P ROPERTY: 5 (I) FOR A PRICE AND WITH OTHER MATERIAL TERMS THAT ARE 6 AT LEAST AS FAVORABL E AS THOSE ACCEPTED BY A PURCHASER IN AN 7 ARM’S–LENGTH, THIRD–PARTY CONTRACT FOR T HE SALE OF THE PR OPERTY; OR 8 (II) IN THE ABSENCE OF AN ARM’S–LENGTH, THIRD–PARTY 9 CONTRACT: 10 1. FOR A PRICE AND WITH OTHER MATERIAL TERMS 11 COMPARABLE TO THOSE FOR WHICH A WILLING SELLER WOULD SELL , AND A 12 WILLING BUYER WOULD PURCHASE, THE PROPERTY ; OR 13 2. FOR THE APPRAISED VALUE OF T HE PROPERTY . 14 (3) “DATE OF MAILING ” MEANS THE DATE OF PO STMARK BY THE 15 UNITED STATES POSTAL SERVICE. 16 (4) (I) “TENANT” MEANS A LESSEE OF A RESIDENTIAL RENTAL 17 PROPERTY WHO HAS RES IDED AT THE RESIDENT IAL RENTAL PROPERTY FOR NOT 18 LESS THAN 6 MONTHS. 19 (II) “TENANT” INCLUDES A SUBTENANT , A SUBLESSEE, OR ANY 20 OTHER INDIVIDUAL ENT ITLED TO THE POSSESS ION OR OCCUPANCY , OR THE 21 BENEFITS OF OCCUPANC Y, OF A RESIDENTIAL REN TAL UNIT OWNED BY AN OTHER 22 PERSON. 23 (B) THIS SECTION DOES NOT APPLY TO THE FOLLOWING: 24 (1) A TRANSFER OF TITLE TO THE SPOUSE , CHILD, PARENT, OR 25 SIBLING OF THE OWNER , OR TO THE PARENT OR SIBLING OF THE SPOUS E OF THE 26 OWNER; 27 (2) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT 28 OR THROUGH INHERITAN CE; 29 (3) A TRANSFER OF TITLE TO A GOVERNMEN T AGENCY; 30 10 HOUSE BILL 693 (4) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE 1 OR DEED OF TRUST ; 2 (5) PROPERTY DONATED AS A GIFT TO ANY NONPROFI T 3 ORGANIZATION EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL 4 REVENUE CODE; OR 5 (6) RESIDENTIAL RENTAL PR OPERTY WITH FIVE OR MORE 6 INDIVIDUAL DWELLING UNITS. 7 (C) (1) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A RESIDENTIAL 8 RENTAL PROPERTY MAY OCCUR, ANY TENANT OR GROUP OF TENANTS OF THE 9 PROPERTY, AS APPLICABLE , SHALL HAVE THE RIGHT OF FIRST REFUSAL TO 10 PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 11 SECTION. 12 (2) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y RESIDENTIAL 13 RENTAL PROPERTY TO W HICH THE REQUIREMENT S OF THIS SECTION AP PLY IS 14 SUBJECT TO THE EXERC ISE OF THE RIGHT OF FIRST REFUSAL BY A T ENANT OR 15 GROUP OF TENANTS . 16 (D) (1) AN OWNER OF A TENANT –OCCUPIED, SINGLE–FAMILY 17 RESIDENTIAL RENTAL P ROPERTY THAT ENTERS INTO A BONA FIDE CON TRACT OF 18 SALE FOR THE PROPERT Y SHALL PROVIDE WRIT TEN NOTICE TO EACH T ENANT OF 19 THE PROPERTY WIT HIN 5 DAYS AFTER ENTERING INTO THE CONTRACT VI A 20 CERTIFIED MAIL, RETURN RECEIPT REQUE STED. 21 (2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL 22 INCLUDE: 23 (I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO THE 24 TENANT AT A PRICE ID ENTICAL TO ANY PENDI NG BONA FIDE CONTRACT OF SALE 25 WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 26 SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ; 27 (II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO 28 EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 29 1. APPRAISAL INFORMATION ; 30 2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 31 3. OPERATING INFORMATION ; AND 32 HOUSE BILL 693 11 (III) ANY INFORMATION REGAR DING DEADLINES FOR A 1 RESPONSE TO THE BONA FIDE OFFER TO SELL . 2 (3) A BONA FIDE OFFER TO SELL THE PROPERTY TO A TENANT UNDER 3 PARAGRAPH (2) OF THIS SUBSECTION M AY NOT INCLUDE A RES TRICTION ON 4 FINANCING METHODS OR THE RIGHT OF INSPECT ION. 5 (4) A TENANT SHALL HAVE 20 DAYS AFTER THE DATE OF DELIVERY 6 OF THE NOTICE AND OF FER OF SALE TO INFOR M THE OWNER OF THE TENANT ’S 7 INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST–CLASS MAIL. 8 (5) IF A TENANT FAILS TO RESPOND WITHIN 20 DAYS AFTER THE DATE 9 OF DELIVERY OF THE N OTICE AND OFFER OF S ALE, OR DECLINES TO EXERC ISE THE 10 RIGHT OF FIRST REFUS AL, THE TENANT’S RIGHT OF FIRST REF USAL SHALL BE 11 CONSIDERED WAIVED . 12 (6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 13 NOTIFICATION OF THE INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY A 14 TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION , AN OWNER SHALL DELIV ER 15 TO THE TENANT AN EXECUT ED CONTRACT OF SALE FOR THE PROPERTY ON THE 16 SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE 17 ARM’S–LENGTH, THIRD–PARTY CONTRACT . 18 (7) AFTER DELIVERY OF A C ONTRACT BY AN OWNER UNDER 19 PARAGRAPH (6) OF THIS SUBSECTION , THE TENANT SHALL HAV E 10 DAYS TO 20 EXECUTE AND RETURN T HE CONTRACT , ALONG WITH ANY REQUI RED DEPOSIT AND 21 PROOF OF FINANCING , TO THE OWNER . 22 (E) (1) AN OWNER OF A TENANT –OCCUPIED, RESIDENTIAL RENTAL 23 PROPERTY CONTAINING MORE THAN ONE BUT FE WER THAN FIVE INDIV IDUAL 24 DWELLING UNITS THAT ENTERS INTO A BONA F IDE CONTRACT OF SALE FOR THE 25 PROPERTY SHALL PROVI DE WRITTEN NOTICE TO EACH TENANT OF THE P ROPERTY 26 VIA CERTIFIED MAIL , RETURN RECEIPT REQUE STED, WITHIN 5 DAYS AFTER 27 ENTERING INTO THE CO NTRACT. 28 (2) NOTICE UNDE R PARAGRAPH (1) OF THIS SUBSECTION S HALL 29 INCLUDE: 30 (I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP 31 OF TENANTS AT A PRIC E IDENTICAL TO ANY P ENDING BONA FIDE CON TRACT OF SALE 32 WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 33 SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ; 34 12 HOUSE BILL 693 (II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO 1 EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 2 1. APPRAISAL INFORMATION ; 3 2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 4 3. OPERATING INFORMATION ; AND 5 (III) ANY INFORMATION REGAR DING DEADLINES FOR A 6 RESPONSE TO THE BONA FIDE OFFER TO SELL . 7 (3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP OF 8 TENANTS UNDER PARAGR APH (2) OF THIS SUBSECTION M AY NOT INCLUDE A 9 RESTRICTION ON FINANCING O R ON THE RIGHT OF IN SPECTION. 10 (4) A GROUP OF TENANTS ACT ING JOINTLY SHALL HA VE 20 DAYS 11 AFTER THE DATE OF MA ILING OF THE NOTICE AND OFFER OF SALE RE QUIRED 12 UNDER PARAGRAPH (1) OF THIS SUBSECTION T O INFORM THE OWNER O F THE 13 TENANTS’ INTENT TO EXERCISE THE R IGHT OF FIRST REFUSA L BY FIRST–CLASS 14 MAIL. 15 (5) (I) IF A GROUP OF TENANTS ACTING JOINTLY FAILS TO 16 RESPOND TO THE NOTIC E AND OFFER OF SALE IN ACCORDANCE WITH P ARAGRAPH 17 (4) OF THIS SUBSECTION , OR JOINTLY DECLINES TO EXERCISE THE RIGH T OF FIRST 18 REFUSAL, AN INDIVIDUAL TENANT MAY, WITHIN 20 DAYS AFTER THE EXPIR ATION OF 19 THE TIME FOR A GROUP OF TENANTS ACTING JO INTLY TO RESPOND , NOTIFY THE 20 OWNER VIA FIRST –CLASS MAIL OF THE IN DIVIDUAL TENANT ’S INTENT TO EXERCISE 21 THE RIGHT OF FIRST R EFUSAL. 22 (II) IF MORE THAN ONE TENA NT PROVIDES NOTICE T O AN 23 OWNER IN ACCORDANCE WITH THIS PARAGRAPH , THE OWNER MAY DECIDE WHICH 24 CONTRACT IS MORE FAV ORABLE WITHOUT LIABI LITY TO ANOTHER TENA NT. 25 (6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 26 NOTIFICATION IN ACCORDANCE WITH PARA GRAPH (4) OR (5) OF THIS SUBSECTION , 27 THE OWNER SHALL DELI VER TO THE GROUP OF TENANTS ACTING JOINT LY OR THE 28 INDIVIDUAL TENANT AN EXECUTED CONTRACT OF SALE FOR THE PROPERT Y ON THE 29 SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SAL E OR THE 30 ARM’S–LENGTH, THIRD–PARTY CONTRACT . 31 (7) A GROUP OF TENANTS ACT ING JOINTLY OR AN IN DIVIDUAL 32 TENANT SHALL HAVE 10 DAYS AFTER DELIVERY TO EXECUTE AND RETUR N THE 33 HOUSE BILL 693 13 CONTRACT ALONG WITH ANY REQUIRED DEPOSIT AND PROOF OF FINANCI NG TO THE 1 OWNER. 2 (F) AN OWNER MAY NOT REQU IRE A TENANT OR GROU P OF TENANTS TO 3 SECURE FINANCING AND FINANCIAL ASSISTANCE FOR A PURCHASE OF PR OPERTY 4 UNDER THIS SECTION L ESS THAN 90 DAYS AFTER THE DATE OF RETURN OF AN 5 EXECUTED CONTRACT . 6 (G) ANY DEPOSIT REQUIRED BY A CONTRACT OF SALE UNDER THIS SECT ION 7 MAY NOT EXCEED 4% OF THE SALE PRICE . 8 (H) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED 9 OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID . 10 (I) AN OWNER WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 11 AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 PER 12 VIOLATION. 13 (J) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT 14 JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THIS SEC TION. 15 (K) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING 16 THE RIGHT OF FIRST R EFUSAL OF A JURISDIC TION OR TENANT FOR T HE PURCHASE 17 OF A RESIDENTIAL PRO PERTY WITH FOUR OR F EWER INDIVIDUAL DWEL LING UNITS. 18 (2) “FAMILY MEMBER ” MEANS A SPOUSE , FORMER SPOUSE , 19 DOMESTIC PARTNER , FORMER DOMESTIC PART NER, CHILD, STEPCHILD, PARENT, 20 STEPPARENT , SIBLING, STEPSIBLING, SON–IN–LAW, DAUGHTER–IN–LAW, 21 STEPSON–IN–LAW, STEPDAUGHTER –IN–LAW, PARENT–IN–LAW, 22 STEPPARENT –IN–LAW, GRANDPARENT , STEPGRANDPARENT , GRANDCHILD , OR 23 STEPGRANDCHILD . 24 (3) (I) “MATERIAL TERMS ” MEANS ESSENTIAL TERM S FOR THE 25 SALE OF A RESIDENTIA L RENTAL PROPERTY TH AT MEET THE REQUIREM ENTS IN 26 SUBSECTION (D) OF THIS SECTION. 27 (II) “MATERIAL TERMS ” INCLUDES THE SALES P RICE, 28 SETTLEMENT DATE , AND OTHER CONTINGENC IES. 29 (4) “OFFER TO PURCHASE ” MEANS A GOOD FAITH O FFER FOR THE 30 PURCHASE OF A RESIDE NTIAL RENTAL PROPERT Y FOR A PRICE THAT A WILLING 31 BUYER WOULD PAY TO A WILLING SELLER IN AN ARM’S LENGTH TRANSACTION , WITH 32 NEITHER PARTY UN DER ANY COMPULSION T O BUY OR SELL. 33 14 HOUSE BILL 693 (5) “RESIDENTIAL RENTAL PR OPERTY” MEANS A TENANT –OCCUPIED 1 RENTAL PROPERTY FOR RESIDENTIAL USE WITH THREE OR FEWER INDIV IDUAL 2 DWELLING UNITS . 3 (6) “SECRETARY” MEANS THE SECRETARY OF HOUSING AND 4 COMMUNITY DEVELOPMENT . 5 (7) “TENANT” MEANS AN INDIVIDUAL WHO HAS OCCUPIED A 6 RESIDENTIAL RENTAL P ROPERTY FOR AT LEAST 6 MONTHS AND WHO IS A NAMED 7 LESSEE IN THE WRITTE N LEASE. 8 (8) “TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD ” MEANS THE 9 PERIOD OF TIME AFTER A TENANT IS NOTIFIED ABOUT THE TENANT ’S RIGHT TO 10 PURCHASE THE RESIDEN TIAL RENTAL PROPERTY DURING WHICH THE TEN ANT MAY 11 NEGOTIATE EXCLUSIVEL Y WITH THE OWNER TO ENTER INTO A CONTRAC T OF SALE. 12 (B) THIS SECTION DOES NOT APPLY TO: 13 (1) A TRANSFER OF TITLE TO A FAMILY MEMBER OF T HE OWNER; 14 (2) A TRANSFER OF TITLE TO A BUSINESS ENTITY WH OLLY OWNED BY 15 THE OWNER; 16 (3) A TRANSFER OF TITLE TH ROUGH A COURT ORDER , INCLUDING A 17 COURT ORDER FORECLOS ING THE RIGHT OF RED EMPTION, A TAX SALE, OR A SALE 18 BY FORECLOSURE , PARTITION, OR BY A COURT–APPOINTED TRUSTEE ; 19 (4) A TRANSFER BY A FIDUCI ARY IN THE COURSE OF THE 20 ADMINISTRATION OF A DECEDENT’S ESTATE, GUARDIANSHIP , CONSERVATORSHIP , 21 OR TRUST; 22 (5) A TRANSFER OF TITLE TH ROUGH A TESTAMEN TARY DOCUMENT , A 23 TRUST INSTRUMENT , OR INHERITANCE ; 24 (6) A TRANSFER OF BARE LEG AL TITLE INTO A REVO CABLE TRUST, 25 WITHOUT ACTUAL CONSI DERATION FOR THE TRA NSFER, IF THE TRANSFEROR IS THE 26 CURRENT BENEFICIARY OF THE TRUST; 27 (7) A TRANSFER OF TITLE TO THE STATE OR A LOCAL GOVERN MENT; 28 (8) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE 29 OR DEED OF TRUST ; 30 HOUSE BILL 693 15 (9) A TRANSFER OF TITLE TH ROUGH A COURT ORDER , 1 RECEIVERSHIP , OR COURT–APPROVED SETTLEMENT ; 2 (10) A TRANSFER OF TITLE TH ROUGH THE ORDER OF A BANKRUPTCY 3 COURT OR SALE BY A B ANKRUPTCY TRUSTEE OR DEBTOR IN POSSESSION ; 4 (11) A GIFT TRANSFER OF TIT LE TO ANY NONPROFIT ORGANIZATION 5 EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE; 6 (12) A TRANSFER OF TITLE BY A PUBLIC HOUSING AUTHORITY; OR 7 (13) A RESIDENTIAL RENTAL P ROPERTY WITH FOUR OR MORE 8 INDIVIDUAL DWELLING UNITS. 9 (C) (1) BEFORE A RESIDENTIAL RENTAL PROPERTY MAY BE OFFERED 10 FOR SALE TO THE PUBL IC OR A THIRD PARTY , INCLUDING THROUGH A LISTING FOR 11 SALE, THE OWNER AND ANY TENANT OR GROUP OF T ENANTS OF THE PROPER TY, AS 12 APPLICABLE, SHALL ENTER INTO THE TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD 13 FOR THE PURCHASE OF THE PROPERTY . 14 (2) (I) THE OWNER OF THE PROP ERTY SHALL SEND EACH TENANT 15 A WRITTEN NOTICE OF THE TENANT’S RIGHT TO DELIVER AN OFFER TO PURCHASE 16 THE PROPERTY . 17 (II) THE NOTICE SHALL : 18 1. BE IN THE FORM SPECIF IED IN REGULATIONS 19 ADOPTED BY THE SECRETARY; 20 2. BE DELIVERED BY : 21 A. CERTIFIED MAIL, RETURN RECEIPT REQUE STED; OR 22 B. A DELIVERY SERVICE PROVIDING DELIVERY 23 TRACKING AND CONFIRM ATION; 24 3. CONTAIN MATERIAL TERM S THAT THE OWNER WOU LD 25 AGREE TO INCORPORATE IN A RESULTING CONTR ACT OF SALE WITH THE TENANT; 26 4. STATE, IN A CONSPICUOUS MAN NER, THAT THE 27 NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS 28 AND MAY NOT BE CONST RUED AS A BINDING CO NTRACT OF SALE ; AND 29 16 HOUSE BILL 693 5. STATE ANY INFORMATION REGARDING DEADLINES 1 FOR THE TENANT TO SU BMIT AN OFFER TO PUR CHASE, INCLUDING THE DURATI ON 2 OF THE TENANT ’S EXCLUSIVE NEGOTIAT ION PERIOD. 3 (III) THE OWNER SHALL SEND A COPY OF THE NOTICE TO THE 4 OFFICE OF TENANT AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGULATIONS 5 ESTABLISHED BY THE SECRETARY. 6 (3) (I) WITHIN 30 DAYS AFTER THE TENAN T RECEIVES THE NOTIC E 7 UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE TENANT MAY DELIV ER TO THE 8 OWNER A WRITTEN OFFE R TO PURCHASE THE PR OPERTY. 9 (II) WITHIN 5 DAYS AFTER THE OWNER RECEIVES THE OFFER 10 TO PURCHASE THE PROP ERTY FROM THE TENANT , THE OWNER SHALL : 11 1. IF THE OFFER CONTAINS THE SAME OR MORE 12 FAVORABLE MATERIAL TER MS AS THOSE CONTAINE D IN THE NOTICE, ACCEPT THE 13 OFFER AND NOTIFY THE OFFICE OF TENANT AND LANDLORD AFFAIRS; OR 14 2. IF THE OFFER CONTAINS MATERIAL TERMS THAT 15 DEVIATE FROM THE TER MS OF THE NOTICE , DELIVER A COUNTEROFF ER TO THE 16 TENANT WITH AN EXPLANATION OF HOW THE OFFER DEV IATES FROM THE NOTIC E. 17 (III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS 18 DELIVERS A TIMELY OF FER TO PURCHASE THE PROPERTY, THE OWNER MAY SELECT 19 THE MORE FAVORABLE O FFER WITHOUT LIABILI TY TO ANY OTHER TENA NT. 20 (IV) 1. A TENANT OR GROUP OF T ENANTS MAY 21 AFFIRMATIVELY DECLIN E AN OFFER OF SALE B Y AN OWNER AT ANY TI ME BEFORE 22 AN OFFER OF PURCHASE IS REQUIRED TO BE DE LIVERED TO THE OWNER UNDER 23 SUBPARAGRAPH (I) OF THIS PARAGRAPH . 24 2. A LANDLORD THAT RECEIV ES NOTICE FROM A 25 TENANT OR GROUP OF T ENANTS UNDER SUBSUBP ARAGRAPH 1 OF THIS 26 SUBPARAGRAPH MAY OFF ER THE PROPERTY FOR SALE. 27 (4) (I) WITHIN 5 DAYS AFTER THE TENAN T RECEIVES A 28 COUNTEROFFER FROM TH E OWNER UNDER PARAGR APH (3)(II)2 OF THIS 29 SUBSECTION, THE TENANT MAY : 30 1. ACCEPT THE COUNTEROFF ER; OR 31 2. REJECT THE COUNTEROFF ER. 32 HOUSE BILL 693 17 (II) IF THE TENANT FAILS T O RESPOND TO THE COU NTEROFFER 1 WITHIN 5 DAYS AFTER RECEIPT O F THE COUNTEROFFER , THE COUNTEROFFER IS 2 DEEMED TO BE REJECTE D AND THE OWNER SHAL L NOTIFY THE OFFICE OF TENANT 3 AND LANDLORD AFFAIRS. 4 (5) A TENANT’S RIGHT OF FIRST REF USAL UNDER SUBSECTIO N (D) OF 5 THIS SECTION IS TERM INATED AND THE OWNER SHALL NOTIFY THE OFFICE OF 6 TENANT AND LANDLORD AFFAIRS IF THE TENANT DOES NOT: 7 (I) DELIVER AN OFFER TO P URCHASE IN ACCORDANCE WITH 8 PARAGRAPH (3) OF THIS SUBSECTION ; OR 9 (II) ACCEPT A COUNTEROFFER IN ACCORDANCE WITH 10 PARAGRAPH (4) OF THIS SUBSECTION . 11 (6) MATERIAL TERMS FOR TH E PURCHASE OF A RESI DENTIAL 12 RENTAL PROPERTY UNDE R THIS SUBSECTION : 13 (I) SHALL BE COMMERCIALLY REASONA BLE AND MADE IN 14 GOOD FAITH, AND SHALL ADHERE TO GENERALLY ACCEPTED R ESIDENTIAL REAL 15 ESTATE PRACTICES ; AND 16 (II) MAY NOT INCLUDE RESTR ICTIONS ON FINANCING METHODS 17 OR THE RIGHT OF INSP ECTION. 18 (D) (1) (I) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A 19 RESIDENTIAL RENTAL P ROPERTY MAY OCCUR , ANY TENANT OR GROUP OF TENANTS 20 OF THE PROPERTY , AS APPLICABLE, SHALL HAVE THE RIGHT OF FIRST REFUSAL TO 21 PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 22 SUBSECTION. 23 (II) THE RIGHT OF A THIRD PARTY TO PUR CHASE ANY 24 RESIDENTIAL RENTAL P ROPERTY TO WHICH THE REQUIREMENTS OF THIS SECTION 25 APPLY IS SUBJECT TO THE EXERCISE OF THE RIGHT OF FIRST REFUS AL BY A TENANT 26 OR GROUP OF TENANTS . 27 (2) A TENANT HAS A RIGHT O F FIRST REFUSAL TO P URCHASE 28 RESIDENTIAL RENTAL PRO PERTY IF: 29 (I) THE OWNER INTENDS TO ACCEPT AN OFFER FROM A THIRD 30 PARTY TO PURCHASE TH E PROPERTY FOR AN AM OUNT THAT IS AT LEAS T 10% 31 LOWER THAN THE LOWES T PRICE OFFERED TO T HE TENANT IN ANY PRE VIOUS 32 NOTICE, OFFER, OR COUNTEROFFER UNDE R SUBSECTION (C) OF THIS SECTION; OR 33 18 HOUSE BILL 693 (II) THE OWNER, WITHOUT HAVING OFFER ED THE PROPERTY 1 FOR SALE TO THE PUBL IC OR ANY THIRD PART Y, RECEIVES AN OFFER TO PURCHASE 2 THE PROPERTY FROM A THIRD PARTY. 3 (3) (I) IF THE OWNER RECEIVES AN OFFER TO PURCHASE THE 4 PROPERTY FROM A THIR D PARTY AS DESCRIBED IN PARAGRAPH (2) OF THIS 5 SUBSECTION, THE OWNER MAY NOT AC CEPT THE OFFER UNTIL : 6 1. THE OWNER PROVIDES WR ITTEN NOTICE TO THE 7 TENANT OF THE TENANT ’S RIGHT OF FIRST REF USAL; AND 8 2. THE TENANT HAS AN OPP ORTUNITY TO EXERCISE THE 9 RIGHT OF FIRST REFUS AL WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE 10 SPECIFIED IN PARAGRA PH (4)(I) OF THIS SUBSECTION . 11 (II) THE WRITTEN NOTICE OF THE RIGHT OF FIRST R EFUSAL TO 12 THE TENANT SHALL : 13 1. BE IN THE FORM SPECIF IED IN REGULA TIONS BY THE 14 SECRETARY; 15 2. BE DELIVERED BY : 16 A. CERTIFIED MAIL, RETURN RECEIPT REQUE STED; OR 17 B. A DELIVERY SERVICE PRO VIDING DELIVERY 18 TRACKING AND CONFIRM ATION; 19 3. CONTAIN THE SAME SALE S PRICE AS THE 20 THIRD–PARTY OFFER TO PURCH ASE; 21 4. STATE, IN A CONSPICUOUS MAN NER, THAT THE 22 NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS 23 AND MAY NOT BE CONST RUED AS A BINDING CO NTRACT OF SALE ; AND 24 5. STATE ANY INFORMATION REGARDING DEADLINES 25 FOR THE TENANT TO SU BMIT AN OFFER TO PURCHASE . 26 (III) THE OWNER SHALL SEND A COPY OF THE NOTICE TO THE 27 OFFICE OF TENANT AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGULATIONS 28 ESTABLISHED BY THE SECRETARY. 29 HOUSE BILL 693 19 (4) (I) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 1 PARAGRAPH (3) OF THIS SUBSECTION, THE TENANT MAY DELIV ER TO THE OWNER A 2 WRITTEN OFFER TO PUR CHASE THE PROPERTY . 3 (II) IF A TENANT DELIVERS AN OFFER TO PURCHASE AT THE 4 SAME SALES PRICE AS THE OFFER FROM THE T HIRD PARTY, THE OWNER SHALL 5 ACCEPT THE OFFER FRO M THE TENANT AND N OTIFY THE OFFICE OF TENANT AND 6 LANDLORD AFFAIRS. 7 (III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS 8 DELIVERS A TIMELY OF FER TO PURCHASE THE PROPERTY, THE OWNER MAY SELECT 9 THE MORE FAVORABLE O FFER WITHOUT LIABILI TY TO ANY OTHER TENA NT. 10 (5) IF A TENANT DOES NOT DELIVER AN OFFER TO PURCHASE TH E 11 PROPERTY IN ACCORDAN CE WITH PARAGRAPH (4) OF THIS SUBSECTION : 12 (I) THE OWNER MAY ACCEPT THE THIRD–PARTY OFFER; 13 (II) THE TENANT ’S RIGHT OF FIRST REF USAL SHALL BE 14 CONSIDERED WAIVED ; AND 15 (III) THE OWNER SHALL NOTIFY THE OFFICE OF TENANT AND 16 LANDLORD AFFAIRS. 17 (6) IF THE OWNER ACCEPTS THE OFFER TO PURCHAS E FROM THE 18 TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION A ND ENTERS INTO A 19 CONTRACT OF SALE , BUT THE CONTRACT IS TERMINATED BEFORE SE TTLEMENT, 20 THE TENANT’S RIGHT OF FIRST REF USAL IS WAIVED AND T HE OWNER SHALL NOTIF Y 21 THE OFFICE OF TENANT AND LANDLORD AFFAIRS. 22 (7) IF A THIRD PARTY DELI VERS AN OFFER TO PUR CHASE TO THE 23 OWNER, THE OWNER SHALL NOTI FY THE THIRD PARTY O F A TENANT’S RIGHT OF 24 FIRST REFUSAL UNDE R THIS SUBSECTION . 25 (E) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT: 26 (1) AN INDIVIDUAL FROM SU BMITTING AN OFFER TO PURCHASE A 27 PROPERTY LEASED BY T HE INDIVIDUAL THAT I S OFFERED FOR SALE T O THE PUBLIC; 28 OR 29 (2) MULTIPLE TENANTS OF A RESIDENTIAL PROPER TY FROM 30 JOINTLY DELIVERING A N OFFER TO PURCHASE OR FROM JOINTLY CONT RACTING TO 31 PURCHASE THE PROPERT Y. 32 20 HOUSE BILL 693 (F) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED 1 OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID . 2 (G) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING 3 THE RIGHT OF FIRST R EFUSAL OF A JURISDIC TION OR TENANT FOR T HE PURCHASE 4 OF A RESIDENTIAL REN TAL PROPERTY . 5 (H) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT 6 JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THI S SECTION PRIOR TO 7 THE CLOSING OF A CON TRACT OF SALE BETWEE N THE OWNER AND BUYE R. 8 (I) (1) FOLLOWING CLOSING ON A CONTRACT OF SALE B ETWEEN AN 9 OWNER AND A TENANT , LIABILITY FOR FAILUR E TO COMPLY WITH THI S SECTION IS 10 RESTRICTED TO THE OW NER AND MAY NOT ATT ACH TO THE RESIDENTI AL RENTAL 11 PROPERTY THAT IS THE SUBJECT OF THE CONTR ACT. 12 (2) (I) A TENANT WHO BRINGS AN ACTION AGAINST THE O WNER 13 AFTER CLOSING ON A C ONTRACT OF SALE FOR FAILING TO PROVIDE T HE NOTICE 14 REQUIRED BY THIS SEC TION MAY NOT FILE A NOTICE OF LIS PENDEN S UNDER 15 MARYLAND RULE 12–102. 16 (II) A COURT MAY DISMISS A WRONGFULLY FILED ACTION OF 17 LIS PENDENS UNDER TH IS PARAGRAPH . 18 (J) AN OWNER OF A RESIDEN TIAL RENTAL PROPERTY WHO VIOLATES THIS 19 SECTION IS SUBJECT T O A FINE OF NOT MORE THAN $1,000 PER VIOLATION. 20 (K) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 21 SECTION. 22 8–120. 23 (A) THE DEPARTMENT SHALL REGU LARLY GATHER AND MON ITOR DATA 24 RELATED TO THE PURCH ASE OF RESIDENTIAL R ENTAL PROPERTIES BY TENANTS 25 UNDER § 8–119 OF THIS SUBTITLE. 26 (B) THE DEPARTMENT SHALL PUBL ISH THE DATA GATHERE D UNDER 27 SUBSECTION (A) OF THIS SECTION IN A DATA DASHBOA RD ON THE DEPARTMENT ’S 28 WEBSITE. 29 (C) (1) THE DEPARTMENT SHALL ORGA NIZE THE DATA GATHER ED 30 UNDER SUBSECTION (A) OF THIS SECTION INTO OPEN DATA SETS ON A ROLLING 31 BASIS THAT ALLOW AUT OMATED SEARCHING , SPATIAL ANALYSIS , VISUALIZATION, 32 AND PROCESSING. 33 HOUSE BILL 693 21 (2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE THE 1 ORGANIZED DATA TO STATE OR LOCAL GOVERN MENTAL ENTITIES AND 2 INSTITUTIONS OF HIGH ER EDUCATION THAT AR E LOCATED IN THE STATE. 3 (D) THE DEPARTMENT MAY NOT PU BLISH DATA UNDER THI S SECTION THAT 4 IS PRIVILEGED OR OTHERW ISE PROTECTED BY LAW FROM DISCLOSURE . 5 8–203. 6 (b) (1) A landlord may not impose a security deposit in excess of the equivalent 7 of [two months’] 1 MONTH’S rent per dwelling unit, regardless of the number of tenants. 8 (2) If a landlord [charges more than the equivalent of two months’ rent per 9 dwelling unit as a security deposit] VIOLATES PARAGRAPH (1) OF THIS SUBSECTION , 10 the tenant may recover up to [threefold] THREE TIMES the extra amount charged, plus 11 reasonable attorney’s fees. 12 (3) An action under this section may be brought at any time during the 13 tenancy or within [two] 2 years after its termination. 14 8–208. 15 (b) A landlord who rents using a written lease shall provide, upon written request 16 from any prospective applicant for a lease, a copy of the proposed form of lease in writing, 17 complete in every material detail, except for the date, the name and address of the tenant, 18 the designation of the premises, and the rental rate without requiring execution of the lease 19 or any prior deposit. 20 (c) A lease shall include: 21 (1) A statement that the premises will be made available in a condition 22 permitting habitation, with reasonable safety, if that is the agreement, or if that is not the 23 agreement, a statement of the agreement concerning the condition of the premises; 24 (2) The landlord’s and the tenant’s specific obligations as to heat, gas, 25 electricity, water, and repair of the premises; [and] 26 (3) A receipt for the security deposit as specified in § 8–203.1 of this 27 subtitle; AND 28 (4) A COPY OF THE MOST CUR RENT VERSION OF THE MARYLAND 29 TENANTS’ BILL OF RIGHTS PUBLISHED BY T HE OFFICE OF TENANTS’ RIGHTS 30 TENANT AND LANDLORD AFFAIRS IN THE DEPARTMENT OF HOUSING AND 31 COMMUNITY DEVELOPMENT . 32 22 HOUSE BILL 693 (d) A landlord may not use a lease or form of lease containing any provision that: 1 (1) Has the tenant authorize any person to confess judgment on a claim 2 arising out of the lease; 3 (2) Has the tenant agree to waive or to forego any right or remedy provided 4 by applicable law; 5 (3) (i) Provides for a penalty for the late payment of rent in excess of 6 5% of the amount of rent due for the rental period for which the payment was delinquent; 7 or 8 (ii) In the case of leases under which the rent is paid in weekly rental 9 installments, provides for a late penalty of more than $3 per week or a total of no more than 10 $12 per month; 11 (4) Has the tenant waive the right to a jury trial; 12 (5) Has the tenant agree to a period required for landlord’s notice to quit 13 which is less than that provided by applicable law[; provided, however, that neither party 14 is prohibited from agreeing], EXCEPT THAT THE PART IES MAY AGREE to a longer notice 15 period than that required by applicable law; 16 (6) Authorizes the landlord to take possession of the leased premises, or 17 the tenant’s personal property unless the lease has been terminated by action of the parties 18 or by operation of law, and the personal property has been abandoned by the tenant without 19 the benefit of formal legal process; 20 (7) Is against public policy and void [pursuant to] UNDER § 8–105 of this 21 title; 22 (8) Permits a landlord to commence an eviction proceeding or issue a notice 23 to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant 24 organization with the purpose of negotiating collectively with the landlord; 25 (9) Requires the tenant to accept notice of rent increases under § 8–209 OF 26 THIS SUBTITLE OR § 8–401 OF THIS TITLE by electronic delivery; [or] 27 (10) (i) Limits the ability of a tenant to summon the assistance of law 28 enforcement or emergency services or penalizes a tenant solely for summoning the 29 assistance of law enforcement or emergency services; or 30 (ii) Penalizes a tenant for the actions of another individual solely 31 because the individual summoned the assistance of law enforcement or emergency services; 32 HOUSE BILL 693 23 (11) REQUIRES A TENANT TO PAY MORE THAN THE SU M OF THE 1 SECURITY DEPOSIT UND ER § 8–203(B) OF THIS SUBTITLE AND THE FIRST MONTH ’S 2 RENT IN ORDER TO COM MENCE THE LEASE AND OCCUPY THE PREMISE S; 3 (12) WAIVES OR PLACES COND ITIONS ON A TENANT ’S RIGHT OF FIRST 4 REFUSAL UNDER § 8–119 OF THIS TITLE; OR 5 (13) PROVIDES THAT A TENAN T IS RESPONSIBLE FOR , OR REQUIRES A 6 TENANT TO AGREE TO B E RESPONSIBLE FOR , PAYMENT OF A FILING SURCHARGE 7 ASSESSED AGAIN ST THE LANDLORD BY T HE DISTRICT COURT UNDER § 8 7–301(C)(2)(I)1 OF THE COURTS ARTICLE. 9 8–401. 10 (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 11 shall be lawful for the landlord to have again and repossess the premises in accordance 12 with this section. 13 (b) (2) Subject to § 8–406 of this subtitle and after completing the procedures 14 required under subsection (c) of this section, a landlord or the landlord’s duly qualified 15 agent or attorney may file the landlord’s written complaint under oath or affirmation, in 16 the District Court of the county wherein the property is situated: 17 (iv) Requesting to repossess the premises and, if requested by the 18 landlord, a judgment for the amount of rent due, costs, EXCLUDING ANY SURCHA RGE 19 ASSESSED AGAINST A LA NDLORD UNDER § 7–301(C) OF THE COURTS ARTICLE, and 20 any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant 21 under § 7–309 of the Public Utilities Article; 22 (c) (1) Before a landlord may file a complaint under this section, the landlord 23 shall provide to the tenant a written notice of the landlord’s intent to file a claim in the 24 District Court against the tenant to recover possession of the residential premises if the 25 tenant does not cure within 10 days after the written notice is provided to the tenant. 26 (2) (I) The written notice required under paragraph (1) of this 27 subsection shall be in a form created by the Maryland Judiciary and notice shall occur when 28 the notice is: 29 [(i)] 1. Sent by first–class mail, certificate of mailing; 30 [(ii)] 2. Affixed to the door of the premises; or 31 [(iii)] 3. If elected by the tenant, sent by electronic delivery in at 32 least one of the following forms: 33 [1.] A. An e–mail message; 34 24 HOUSE BILL 693 [2.] B. A text message; or 1 [3.] C. Through an electronic tenant portal. 2 (II) ELECTRONIC NOTICE UND ER SUBPARAGRAPH (I)3 OF THIS 3 PARAGRAPH SHALL PROV IDE THE LANDLORD WIT H PROOF OF THE TRANS MISSION 4 OF THE NOTICE. 5 (3) (i) A complaint for repossession filed in accordance with this section 6 shall include [a]: 7 1. A statement that states and affirms the date on which the 8 landlord provided the notice required under paragraph (1) of this subsection; AND 9 2. PROOF THAT THE LANDLO RD PROVIDED THE NOTI CE 10 REQUIRED UN DER PARAGRAPH (1) OF THIS SUBSECTION . 11 (ii) A tenant may challenge assertions made by a landlord under this 12 paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 13 cause. 14 (4) A LANDLORD MAY NOT CON DITION THE ACCEPTANC E OF A LEASE 15 APPLICATION ON THE T ENANT’S ELECTION TO RECEIV E NOTICE UNDER THIS 16 SUBSECTION BY ELECTR ONIC DELIVERY. 17 (f) (1) (i) Subject to the provisions of paragraph (2) of this subsection, if 18 judgment is given in favor of the landlord, and the tenant fails to comply with the 19 requirements of the order within [4] 7 days, the court shall, at any time after the expiration 20 of the [4] 7 days, issue its warrant, directed to any official of the county entitled to serve 21 process, ordering the official to cause the landlord to have again and repossess the property 22 by putting the landlord [(or], OR the landlord’s duly qualified agent or attorney [for the 23 landlord’s benefit)], in possession [thereof] OF THE PROPERTY , and for that purpose to 24 remove from the property, by force if necessary, all the furniture, implements, tools, goods, 25 effects or other chattels of every description whatsoever belonging to the tenant, or to any 26 person claiming or holding by or under [said] THE tenant. 27 (2) (i) The administrative judge of any district [may] SHALL stay the 28 execution of a warrant of restitution of a residential property, from day to day, in the event 29 of [extreme]: 30 1. EXTREME weather conditions AFFECTING THE 31 RESIDENTIAL PROPERTY , INCLUDING: 32 HOUSE BILL 693 25 A. 1. A TEMPERATURE OR NEXT –DAY FORECASTED 1 TEMPERATURE OF 32 DEGREES FAHRENHEIT OR LOWER ; 2 B. 2. A WINTER STORM WARNING OR BLIZZARD WARNING 3 ISSUED BY THE NATIONAL WEATHER SERVICE; 4 C. 3. A HURRICANE WARNING OR TROPICAL STORM 5 WARNING ISSUED BY TH E NATIONAL WEATHER SERVICE; AND 6 D. 4. AN EXCESSIVE HEAT WAR NING ISSUED BY THE 7 NATIONAL WEATHER SERVICE; OR 8 2. ANY OTHER STATE OF EM ERGENCY DECLARED 9 UNDER § 14–107 OF THE PUBLIC SAFETY ARTICLE. 10 (ii) When a stay has been granted under this paragraph, the 11 execution of the warrant of restitution for which the stay has been granted shall be given 12 priority and completed within [3] 5 days after the extreme weather conditions cease OR 13 THE STATE OF EMERGEN CY IS TERMINATED OR EXPIRES. 14 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15 as follows: 16 Article – Courts and Judicial Proceedings 17 7–202. 18 (d) The State Court Administrator, as part of the Administrator’s determination 19 of the amount of court costs and charges in civil cases, shall assess a surcharge that: 20 (1) May not be more than [$55] $85 per case; and 21 (2) Shall be deposited into the Maryland Legal Services Corporation Fund 22 established under § 11–402 of the Human Services Article. 23 7–301. 24 (c) (1) The filing fees and costs in a civil case are those prescribed by law 25 subject to modification by law, rule, or administrative regulation. 26 (2) The Chief Judge of the District Court shall assess a surcharge that: 27 (i) May not be more than: 28 1. [$8] $83 per [summary ejectment] case FOR THE 29 FOLLOWING CASES : 30 26 HOUSE BILL 693 A. SUMMARY EJECTMENT ; 1 B. TENANT HOLDING OVER ; OR 2 C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 3 POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 4 2. [$18] $28 per case for all other civil cases; and 5 (ii) Shall be deposited: 6 1. FOR A SURCHARGE ASSES SED UNDER ITEM (I)1 OF 7 THIS PARAGRAPH : 8 A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE 9 VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 10 COMMUNITY DEVELOPMENT ARTICLE; AND 11 B. 50% INTO THE MARYLAND LEGAL SERVICES 12 CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 13 ARTICLE; AND 14 2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF 15 THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under 16 § 11–402 of the Human Services Article. 17 (3) (i) In addition to the surcharge assessed under paragraph (2) of this 18 subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 19 more than $10 per case for the following cases filed in Baltimore City: 20 1. Summary ejectment; 21 2. Tenant holding over; 22 3. Breach of lease; and 23 4. Warrant of restitution. 24 (ii) The revenue generated from the surcharge on filing fees collected 25 by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 26 1. Remitted quarterly to the Baltimore City Director of 27 Finance; and 28 HOUSE BILL 693 27 2. Used to fund the enhancement of sheriff benefits and the 1 increase in sheriff personnel to enhance the service of domestic violence orders. 2 (4) In addition to the surcharge assessed under paragraphs (2) and (3) of 3 this subsection, the Chief Judge of the District Court shall assess a surcharge that: 4 (i) May not be more than: 5 1. $3 per summary ejectment case; and 6 2. $8 per case for all other civil cases; and 7 (ii) Shall be deposited into the Circuit Court Real Property Records 8 Improvement Fund established under § 13–602 of this article. 9 (5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 10 SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 11 OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENAN T. 12 [(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 13 of prepayment of filing fees and other costs in cases of indigency. 14 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15 as follows: 16 Article – Courts and Judicial Proceedings 17 7–202. 18 (d) The State Court Administrator, as part of the Administrator’s determination 19 of the amount of court costs and charges in civil cases, shall assess a surcharge that: 20 (1) May not be more than [$55] $85 per case; and 21 (2) Shall be deposited into the Maryland Legal Services Corporation Fund 22 established under § 11–402 of the Human Services Article. 23 7–301. 24 (c) (1) The filing fees and costs in a civil case are those prescribed by law 25 subject to modification by law, rule, or administrative regulation. 26 (2) The Chief Judge of the District Court shall assess a surcharge that: 27 (i) May not be more than: 28 28 HOUSE BILL 693 1. [$8] $83 per [summary ejectment] case FOR THE 1 FOLLOWING CASES : 2 A. SUMMARY EJECTMENT ; 3 B. TENANT HOLDING OVER ; OR 4 C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 5 POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 6 2. [$18] $28 per case for all other civil cases; and 7 (ii) Shall be deposited: 8 1. FOR A SURCHARGE AS SESSED UNDER ITEM (I)1 OF 9 THIS PARAGRAPH : 10 A. 45% INTO THE STATEWIDE RENTAL ASSISTANCE 11 VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 12 COMMUNITY DEVELOPMENT ARTICLE; 13 B. 45% INTO THE MARYLAND LEGAL SERVICES 14 CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 15 ARTICLE; AND 16 C. 10% INTO THE RENTAL ASSISTANCE FOR 17 COMMUNITY SCHOOLS FAMILIES FUND ESTABLISHED UNDE R § 9.9–104.1 OF THE 18 EDUCATION ARTICLE; AND 19 2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF 20 THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under 21 § 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. Warrant of restitution. 29 HOUSE BILL 693 29 (ii) The revenue generated from the surcharge on filing fees collected 1 by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 2 1. Remitted quarterly to the Baltimore City Director of 3 Finance; and 4 2. Used to fund the enhancement of sheriff benefits and the 5 increase in sheriff personnel to enhance the service of domestic violence orders. 6 (4) In addition to the surcharge assessed under paragraphs (2) and (3) of 7 this subsection, the Chief Judge of the District Court shall assess a surcharge that: 8 (i) May not be more than: 9 1. $3 per summary ejectment case; and 10 2. $8 per case for all other civil cases; and 11 (ii) Shall be deposited into the Circuit Court Real Property Records 12 Improvement Fund established under § 13–602 of this article. 13 (5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 14 SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 15 OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT . 16 [(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 17 of prepayment of filing fees and other costs in cases of indigency. 18 SECTION 2. 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19 as follows: 20 Article – Real Property 21 14–133. 22 (a) (1) In this section the following words have the meanings indicated. 23 (2) “COMPLAINT” MEANS A COMPLAINT FI LED UNDER TITLE 7, 24 SUBTITLE 1 OF THIS ARTICLE , § 8–401, § 8–402, § 8–402.1, OR § 8–402.2 OF THIS 25 ARTICLE, OR § 14–132 OF THIS SUBTITLE. 26 [(2)] (3) “Department” means the Department of Housing and 27 Community Development. 28 [(3)] (4) “Eviction data” means, for each PREMISES SUBJECT TO A 29 warrant [of restitution or writ of possession issued in accordance with a judgment for 30 30 HOUSE BILL 693 possession of residential property entered under Title 7, Subtitle 1 of this article, §§ 8–401 1 through 8–402.2 of this article, or § 14–132 of this subtitle], REGARDLESS OF WHETHE R 2 AN EVICTION OCCURS , THE FOLLOWING INFORM ATION: 3 (i) THE NAME OF THE LANDL ORD OF THE PR EMISES; 4 (II) The STREET ADDRESS , CITY, county, and zip code of the 5 [subject] premises SUBJECT TO THE WARRA NT; 6 [(ii) The date of execution of the warrant or writ; and 7 (iii) The type of action from which the warrant or writ was issued] 8 (III) THE DATE OF FILING OF THE COMPLAINT AND TH E TYPE OF 9 ACTION; 10 (IV) FOR A HEARING OR TRIA L RELATING TO THE CO MPLAINT: 11 1. WHETHER THE TENANT AP PEARED AT THE HEARIN G 12 OR TRIAL; AND 13 2. WHETHER THE TENANT HA D LEGAL 14 REPRESENTATION ; 15 (V) THE DATE OF ENTRY OF A JUDGMENT FOR POSSESSION ; 16 (VI) IF APPLICABLE, WHETHER THE RIGHT OF REDEMPTION WAS 17 FORECLOSED AT THE TI ME OF THE ENTRY OF J UDGMENT FOR POSSESSI ON; 18 (VII) THE DATE OF ISSUANCE OF THE WARRANT ; AND 19 (VIII) THE OUTCOME OF THE IS SUANCE OF THE WARRANT , 20 INCLUDING: 21 1. AN EVICTION EXECUTED BY A SHERIFF’S OFFICE; 22 2. THE CANCELLATION OF T HE WARRANT ; 23 3. THE EXPIRATION OF THE WARRANT; AND 24 4. ANY OTHER OUTCOME . 25 (5) “PUBLICLY DISCLOSABLE DATA” MEANS DATA THAT IS N OT 26 REQUIRED TO BE WITHHELD FROM DIS CLOSURE UNDER THE PUBLIC INFORMATION 27 ACT OR ANY OTHER LAW . 28 HOUSE BILL 693 31 (6) “WARRANT” MEANS A WARRANT OF R ESTITUTION, A WARRANT 1 ISSUED TO A SHERIFF OR CONSTABLE COMMAND ING A TENANT TO DELI VER 2 POSSESSION TO A LAND LORD, OR A WRIT OF POSSESS ION, ISSUED AS THE RESULT 3 OF A JUDGMENT FOR PO SSESSION OF RESIDENT IAL PROPERTY. 4 (b) (1) Each month, the Judiciary shall collect, compile, and share complete 5 eviction data from the immediately preceding month with the Department in the manner 6 required by the Department. 7 (2) IF THE JUDICIARY DISCOVERS T HAT EVICTION DATA SH ARED 8 WITH THE DEPARTMENT FOR ANY CO LLECTION PERIOD IS I NACCURATE OR 9 INCOMPLETE , THE JUDICIARY SHALL NOTIF Y THE DEPARTMENT OF THE 10 INACCURACY OR INCOMP LETENESS AND PROVIDE THE DEPARTMENT WITH 11 UPDATED EVICTION DATA . 12 (c) The Department shall: 13 (1) Organize and format the data received under subsection (b) of this 14 section; 15 (2) Publish the PUBLICLY DISCLOSABLE data in a data dashboard on the 16 Department’s website and update the dashboard monthly; 17 (3) Make the PUBLICLY DISCLOSABLE data available for download in 18 open data sets that allow automated searching, spatial analysis, visualization, and 19 processing, on request by: 20 (i) A State agency; 21 (ii) An agency of a county or municipal corporation; or 22 (iii) An academic institution located in the State; and 23 (4) On or before August 31, 2023, and each year thereafter, submit a report 24 on the eviction data to the Governor and, in accordance with § 2–1257 of the State 25 Government Article, the General Assembly. 26 SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 27 effect October 1, 2024, contingent on the taking effect of Chapter ____ (S.B. 370/H.B. 428) 28 of the Acts of the General Assembly of 2024. If Section 3 of this Act takes effect, Section 2 29 of this Act, with no further action required by the General Assembly, shall be abrogated 30 and of no further force and effect. 31 SECTION 3. 6. AND BE IT FURTHER ENACTED, That Section 2 4 of this Act shall 32 take effect October 1, 2025. 33 32 HOUSE BILL 693 SECTION 4. 7. AND BE IT FURTHER ENACTED, That, subject to Section 5 of this 1 Act, and except as provided in Section 3 6 of this Act, this Act shall take effect October 1, 2 2024. 3 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.