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.
Italics indicate opposite chamber/conference committee amendments.
*hb0693*
HOUSE BILL 693
N1, C9 (4lr4517)
ENROLLED BILL
— Environment and Transportation and Judiciary/Judicial Proceedings and
Education, Energy, and the Environment —
Introduced 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
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for hi s approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 693
assistance payments to families; establishing the Office of Tenants’ Rights Tenant 1
and Landlord Affairs in the Department of Housing and Community Development 2
and requiring the Office to develop and publish a Maryland Tenants’ Bill of Rights; 3
requiring the most recently published version of the Maryland Tenants’ Bill of Rights 4
to be included as part of a residential lease; limiting the maximum security deposit 5
required by a residential lease to 1 month’s rent; requiring a landlord to include proof 6
in a complaint for repossession of a residential premises for failure to pay rent that 7
the landlord provided certain notice; prohibiting a landlord from including a certain 8
term pertaining to electronic delivery of certain notice in a lease agreement; 9
extending the time period between the granting of a judgment of possession in favor 10
of a landlord and the execution of a warrant of restitution against a tenant and 11
requiring the administrative judge of any district to stay the execution of a warrant 12
of restitution under certain circumstances; establishing certain requirements for the 13
voluntary transfer of title to certain residential rental property under certain 14
circumstances and establishing that those requirements preempt certain local law; 15
requiring the Department to regularly gather and publish data related to the 16
voluntary transfer of title to certain residential rental property; increasing 17
surcharges on certain fees, charges, and costs in certain civil cases in the circuit 18
courts and District Court; prohibiting the court from assigning a certain surcharge 19
against a tenant under certain circumstances; altering certain requirements for 20
certain data collected by the Judiciary and provided to the Department; and 21
generally relating to residential tenancies. 22
BY repealing and reenacting, with amendments, 23
Article – Courts and Judicial Proceedings 24
Section 7–301(c) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2023 Supplement) 27
BY repealing and reenacting, without amendments, 28
Article – Housing and Community Development 29
Section 4–2901(a), (d), (e), (i), (j), and (k) 30
Annotated Code of Maryland 31
(2019 Replacement Volume and 2023 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – Housing and Community Development 34
Section 4–2906 35
Annotated Code of Maryland 36
(2019 Replacement Volume and 2023 Supplement) 37
BY adding to 38
Article – Housing and Community Development 39
Section 5–101 through 5–104 to be under the new title “Title 5. Office of Tenants’ 40
Rights Tenant and Landlord Affairs” 41
Annotated Code of Maryland 42
(2019 Replacement Volume and 2023 Supplement) 43 HOUSE BILL 693 3
BY adding to 1
Article – Real Property 2
Section 8–119 and 8–120 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – Real Property 7
Section 8–203(b), (f)(2), and (i)(6)(i), 8–208(c) and (d), 8–401(b)(2)(iv), (c), and (f)(1)(i) 8
and (2), and 14–133 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 11
BY repealing and reenacting, without amendments, 12
Article – Real Property 13
Section 8–208(b) and 8–401(a) and (b)(2)(iv) 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 7–202(d) and 7–301(c) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Courts and Judicial Proceedings 24
7–301. 25
(c) (1) The filing fees and costs in a civil case are those prescribed by law 26
subject to modification by law, rule, or administrative regulation. 27
(2) The Chief Judge of the District Court shall assess a surcharge that: 28
(i) May not be more than: 29
1. [$8] $93 per [summary ejectment] case FOR THE 30
FOLLOWING CASES : 31
A. SUMMARY EJECTMENT; 32
B. TENANT HOLDING OVER ; OR 33 4 HOUSE BILL 693
C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 1
POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 2
2. $18 per case for all other civil cases; and 3
(ii) Shall be deposited: 4
1. FOR A SURCHARGE ASSESSED U NDER 5
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH : 6
A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE 7
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 8
COMMUNITY DEVELOPMENT ARTICLE; AND 9
B. 50% INTO THE MARYLAND LEGAL SERVICES 10
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 11
ARTICLE; AND 12
2. FOR A SURCHARGE ASSES SED UNDER 13
SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , into the Maryland Legal Services 14
Corporation Fund established under § 11–402 of the Human Services Article. 15
(3) (i) In addition to the surcharge assessed under paragraph (2) of this 16
subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 17
more than $10 per case for the following cases filed in Baltimore City: 18
1. Summary ejectment; 19
2. Tenant holding over; 20
3. Breach of lease; and 21
4. Warrant of restitution. 22
(ii) The revenue generated from the surcharge on filing fees collected 23
by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 24
1. Remitted quarterly to the Baltimore City Director of 25
Finance; and 26
2. Used to fund the enhancement of sheriff benefits and the 27
increase in sheriff personnel to enhance the service of domestic violence orders. 28
(4) In addition to the surcharge assessed under paragraphs (2) and (3) of 29
this subsection, the Chief Judge of the District Court shall assess a surcharge that: 30 HOUSE BILL 693 5
(i) May not be more than: 1
1. $3 per summary ejectment case; and 2
2. $8 per case for all other civil cases; and 3
(ii) Shall be deposited into the Circuit Court Real Property Records 4
Improvement Fund established under § 13–602 of this article. 5
(5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 6
SUBSECTION SHALL BE ASSESSED AGAINST A LANDLORD AND MAY NOT BE AWARDED 7
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT . 8
[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 9
of prepayment of filing fees and other costs in cases of indigency. 10
Article – Housing and Community Development 11
4–2901. 12
(a) In this subtitle the following words have the meanings indicated. 13
(d) (1) “Family” means an individual or group of individuals eligible for 14
assistance under the State Program. 15
(2) “Family” includes a preference category established under § 4–2906 of 16
this subtitle. 17
(e) “Housing assistance payment” means the monthly assistance payment paid 18
for a family under the State Program. 19
(i) (1) “Public housing agency” means an entity authorized by the U.S. 20
Department of Housing and Urban Development to administer the federal Housing Choice 21
Voucher Program in the State. 22
(2) “Public housing agency” does not include the Department. 23
(j) “State Program” means the Statewide Rental Assistance Voucher Program 24
established under this subtitle. 25
(k) “Voucher” means a document issued by the Department or a public housing 26
agency to a family that is selected to receive assistance under the State Program, which 27
describes the State Program and procedures under the State Program. 28
4–2906. 29 6 HOUSE BILL 693
(A) The Department and each public housing agency shall equally prioritize 50% 1
OF vouchers and housing assistance payments for families that include: 2
(1) a child who is: 3
(I) AT LEAST 5 YEARS OLD; BUT 4
(II) under the age of 18 years; 5
(2) a foster child who is: 6
(i) at least 18 years old; but 7
(ii) under the age of 24 years; 8
(3) a military veteran; 9
(4) an individual experiencing homelessness; 10
(5) a disabled individual; or 11
(6) an elderly individual. 12
(B) THE DEPARTMENT AND EACH PUBLIC HOUS ING AGENCY SHALL 13
EQUALLY PRIORITIZE 50% OF VOUCHERS AND HOUS ING ASSISTANCE PAYME NTS 14
FOR FAMILIES THAT IN CLUDE: 15
(1) A CHILD UNDER THE AG E OF 5 YEARS; OR 16
(2) A PREGNANT INDIVIDUA L. 17
TITLE 5. OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD AFFAIRS. 18
5–101. 19
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 20
INDICATED. 21
(B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE OF TENANTS’ 22
RIGHTS TENANT AND LANDLORD AFFAIRS. 23
(C) “OFFICE” MEANS THE OFFICE OF TENANTS’ RIGHTS TENANT AND 24
LANDLORD AFFAIRS. 25
HOUSE BILL 693 7
(D) (1) “TENANT” MEANS A RESIDENTIAL TENANT. 1
(2) “TENANT” INCLUDES: 2
(I) A SUBTENANT; 3
(II) A LESSEE; 4
(III) A SUBLESSEE; AND 5
(IV) ANY OTHER INDIVIDUAL , OTHER THAN AN OWNER , WHO IS 6
ENTITLED TO THE POSS ESSION OR OCCUPANCY , OR THE BENEFITS OF P OSSESSION 7
OR OCCUPANCY , OF ANY RESIDENTIAL R ENTAL UNIT IN THE STATE. 8
5–102. 9
(A) THERE IS AN OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD 10
AFFAIRS IN THE DEPARTMENT . 11
(B) THE PURPOSE OF THE OFFICE IS TO: 12
(1) ENSURE THAT TENANTS HAVE ACCESS TO EDUCATIONAL 13
RESOURCES TO AID IN UNDERSTANDING AND EX ERCISING THE TENANTS ’ RIGHTS 14
UNDER STATE LAW; 15
(2) PROVIDE TENANTS WITH INFORMATION ON HOW T O REPORT A 16
VIOLATION OF THEIR L EGAL RIGHTS AS TENAN TS AND FACILITATE RE FERRALS OF 17
REPORTED VIOLATIONS TO APPROPRIATE ENFOR CEMENT AGENCIES ; 18
(3) PROVIDE TENANTS WITH INFORMATION ON HOW T O OBTAIN 19
FINANCIAL COUNSELING ; AND 20
(4) NOTIFY APPROPRIATE A UTHORITIES REGARDING HOUSING 21
DISCRIMINATION AND O THER UNFAIR OR ILLEG AL HOUSING PRACTICES. 22
5–103. 23
(A) THE SECRETARY SHALL APPOI NT THE DIRECTOR OF THE OFFICE. 24
(B) THE DIRECTOR: 25
(1) SERVES AT THE PLEASU RE OF THE SECRETARY; AND 26
(2) REPORTS TO THE SECRETARY. 27 8 HOUSE BILL 693
5–104. 1
(A) THE OFFICE SHALL: 2
(1) DEVELOP RESOURCES TO AID TENANTS IN UNDERSTANDING A ND 3
EXERCISING THE LEGAL RIGHTS OF TENANTS , INCLUDING: 4
(I) A MARYLAND TENANTS’ BILL OF RIGHTS, SUMMARIZING 5
THE EXISTING RIGHTS AND REMEDIES AVAILAB LE TO RESIDENTIAL TE NANTS UNDER 6
STATE AND FEDERAL LAW ; AND 7
(II) A PUBLICLY ACCESSI BLE WEBSITE TO PROVI DE ACCESS TO 8
THE MARYLAND TENANTS’ BILL OF RIGHTS AND OTHER RELE VANT 9
INFORMATIONAL RESOUR CES; 10
(2) ESTABLISH POINTS OF CONTACT WITHIN THE OFFICE BY WHICH A 11
TENANT MAY REPORT A VIOLATION BY A LANDL ORD OR A PERSON ACTI NG ON 12
BEHALF OF A LANDLORD FOR REFERRA L TO APPROPRIATE ENF ORCEMENT 13
AGENCIES; AND 14
(3) PROVIDE RESOURCES TO FACILITATE ACCESS BY TENANTS TO 15
CREDIT COUNSELING ; 16
(4) REFER COVERED INDIVI DUALS, AS DEFINED IN § 8–901 OF THE 17
REAL PROPERTY ARTICLE, TO THE ACCESS TO COUNSEL IN EVICTIONS PROGRAM 18
THAT IS ADMINISTERED BY THE MARYLAND LEGAL SERVICES CORPORATION ; 19
(5) COLLABORATE WITH COU NTY AND LOCAL GOVERN MENTS THAT 20
PROVIDE TENANT ADVOC ACY AND ASSISTANCE ; 21
(6) RECEIVE NOTICES AND OTHER DOCUMENTS RELA TED TO A 22
TENANT’S EXCLUSIVE NEGOTIATION PERIOD A ND RIGHT OF FIRST RE FUSAL UNDER 23
§ 8–119 OF THE REAL PROPERTY ARTICLE; AND 24
(7) ADOPT REGULATIONS GO VERNING THE CONTENT AND DELIVERY 25
OF NOTICES FOR A TEN ANT’S EXCLUSIVE NEGOTIAT ION PERIOD AND RIGHT OF FIRST 26
REFUSAL UNDER § 8–119 OF THE REAL PROPERTY ARTICLE. 27
(B) THE OFFICE MAY: 28
(1) IMPLEMENT FAIR HOUSI NG TESTING TO ENSURE COMPLIANCE BY 29
LANDLORDS WITH FAIR HOUSING LAWS ; AND 30
HOUSE BILL 693 9
(2) IDENTIFY LANDLORDS T HAT ARE OUT OF COMPL IANCE WITH 1
FEDERAL, STATE, OR LOCAL LAW AND FAC ILITATE REFERRAL S OF CASES TO AN 2
APPROPRIATE LAW ENFO RCEMENT AGENCY OR AN OTHER APPROPRIATE AG ENCY. 3
(C) (1) ON OR BEFORE JUNE 1 EACH YEAR, THE OFFICE SHALL PUBLISH 4
THE MARYLAND TENANTS’ BILL OF RIGHTS ON ITS WEBSITE . 5
(2) THE MARYLAND TENANTS’ BILL OF RIGHTS SHALL INCL UDE 6
CONTACT INFORMATION FOR THE OFFICE. 7
Article – Real Property 8
8–119. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “BONA FIDE OFFER ” MEANS AN OFFER OF SA LE FOR A 12
RESIDENTIAL RENTAL P ROPERTY: 13
(I) FOR A PRICE AND WITH OTHER MATERIAL TERMS THAT ARE 14
AT LEAST AS FAVORABL E AS THOSE ACCEPTED BY A PURCHASER IN AN 15
ARM’S–LENGTH, THIRD–PARTY CONTRACT FOR T HE SALE OF THE PROPE RTY; OR 16
(II) IN THE ABSENCE OF AN ARM’S–LENGTH, THIRD–PARTY 17
CONTRACT: 18
1. FOR A PRICE AND WITH OTHER MATERIAL TERMS 19
COMPARABLE TO THOSE FOR WHICH A WILLING SELLER WOULD SELL , AND A 20
WILLING BUYER WOULD PURCHASE, THE PROPERTY ; OR 21
2. FOR THE APPRAISED VAL UE OF THE PROPERTY . 22
(3) “DATE OF MAILING ” MEANS THE DATE OF PO STMARK BY THE 23
UNITED STATES POSTAL SERVICE. 24
(4) (I) “TENANT” MEANS A LESSEE OF A RESIDENTIAL RENTAL 25
PROPERTY WHO HAS RES IDED AT THE RESIDENT IAL RENTAL PROPERTY FOR NOT 26
LESS THAN 6 MONTHS. 27
(II) “TENANT” INCLUDES A SUBTENANT , A SUBLESSEE, OR ANY 28
OTHER INDIVIDUAL ENT ITLED TO THE POSSESSION OR OCCUPANCY , OR THE 29
BENEFITS OF OCCUPANC Y, OF A RESIDENTIAL REN TAL UNIT OWNED BY AN OTHER 30
PERSON. 31 10 HOUSE BILL 693
(B) THIS SECTION DOES NOT APPLY TO THE FOLLOWI NG: 1
(1) A TRANSFER OF TITLE TO THE SPOUSE , CHILD, PARENT, OR 2
SIBLING OF THE OWNER , OR TO THE PARENT OR SIBLIN G OF THE SPOUSE OF T HE 3
OWNER; 4
(2) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT 5
OR THROUGH INHERITAN CE; 6
(3) A TRANSFER OF TITLE TO A GOVERNMENT AGENCY ; 7
(4) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE 8
OR DEED OF TRUST ; 9
(5) PROPERTY DONATED AS A GIFT TO ANY NONPROFI T 10
ORGANIZATION EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL 11
REVENUE CODE; OR 12
(6) RESIDENTIAL RENTAL PR OPERTY WITH FIVE OR MORE 13
INDIVIDUAL DWELLING UNITS. 14
(C) (1) BEFORE A VOLUNTARY TRANSFER O F TITLE TO A RESIDEN TIAL 15
RENTAL PROPERTY MAY OCCUR, ANY TENANT OR GROUP OF TENANTS OF THE 16
PROPERTY, AS APPLICABLE , SHALL HAVE THE RIGHT OF FIRST REFUSAL TO 17
PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 18
SECTION. 19
(2) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y RESIDENTIAL 20
RENTAL PROPERTY TO W HICH THE REQUIREMENT S OF THIS SECTION AP PLY IS 21
SUBJECT TO THE EXERC ISE OF THE RIGHT OF FIRST REFUSAL BY A T ENANT OR 22
GROUP OF TENANTS . 23
(D) (1) AN OWNER OF A TENANT –OCCUPIED, SINGLE–FAMILY 24
RESIDENTIAL RENTAL P ROPERTY THAT ENTERS INTO A BONA FIDE CON TRACT OF 25
SALE FOR THE PROPERT Y SHALL PROVIDE WRIT TEN NOTICE TO EACH T ENANT OF 26
THE PROPERTY WITHIN 5 DAYS AFTER ENTERING INTO THE CONTRACT VI A 27
CERTIFIED MAIL, RETURN RECEIPT REQUE STED. 28
(2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL 29
INCLUDE: 30
(I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO THE 31
TENANT AT A PRICE ID ENTICAL TO ANY PENDI NG BONA FIDE CONTRAC T OF SALE 32 HOUSE BILL 693 11
WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 1
SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ; 2
(II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO 3
EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 4
1. APPRAISAL INFORMATION ; 5
2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 6
3. OPERATING INFORMATION ; AND 7
(III) ANY INFORMATION REGAR DING DEADLINES FOR A 8
RESPONSE TO THE BONA FIDE OFFER TO SELL . 9
(3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A TENANT UNDER 10
PARAGRAPH (2) OF THIS SUBSECTION M AY NOT INCLUDE A RES TRICTION ON 11
FINANCING METHODS OR THE RIGHT OF INSPECT ION. 12
(4) A TENANT SHALL HAVE 20 DAYS AFTER THE DATE OF DELIVERY 13
OF THE NOTICE AND OF FER OF SALE TO INFOR M THE OWNER OF THE T ENANT’S 14
INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST–CLASS MAIL. 15
(5) IF A TENANT FAILS TO RESPOND WITHIN 20 DAYS AFTER THE DATE 16
OF DELIVERY OF THE N OTICE AND OFFER OF S ALE, OR DECLINES TO EXERC ISE THE 17
RIGHT OF FIRST REFUS AL, THE TENANT ’S RIGHT OF FIRST REF USAL SHALL BE 18
CONSIDERED WAIVED . 19
(6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 20
NOTIFICATION OF THE INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY A 21
TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION , AN OWNER SHALL DELIV ER 22
TO THE TENANT AN EXE CUTED CONTRACT OF SA LE FOR THE PROPERTY ON THE 23
SAME TERMS AND CONDI TIONS AS INDICATED IN THE O FFER OF SALE OR THE 24
ARM’S–LENGTH, THIRD–PARTY CONTRACT . 25
(7) AFTER DELIVERY OF A C ONTRACT BY AN OWNER UNDER 26
PARAGRAPH (6) OF THIS SUBSECTION , THE TENANT SHALL HAV E 10 DAYS TO 27
EXECUTE AND RETURN T HE CONTRACT , ALONG WITH ANY REQUI RED DEPOSIT AND 28
PROOF OF FINANCING , TO THE OWNER . 29
(E) (1) AN OWNER OF A TENANT –OCCUPIED, RESIDENTIAL RENTAL 30
PROPERTY CONTAINING MORE THAN ONE BUT FE WER THAN FIVE INDIVI DUAL 31
DWELLING UNITS THAT ENTERS INTO A BONA F IDE CONTRACT OF SALE FOR THE 32
PROPERTY SHALL P ROVIDE WRITTEN NOTIC E TO EACH TENANT OF THE PROPERTY 33 12 HOUSE BILL 693
VIA CERTIFIED MAIL , RETURN RECEIPT REQUE STED, WITHIN 5 DAYS AFTER 1
ENTERING INTO THE CO NTRACT. 2
(2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL 3
INCLUDE: 4
(I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP 5
OF TENANTS AT A PRIC E IDENTICAL TO ANY P ENDING BONA FIDE CON TRACT OF SALE 6
WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS 7
SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ; 8
(II) ANY INFORMATION A BOUT THE PROPERTY RE LEVANT TO 9
EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING: 10
1. APPRAISAL INFORMATION ; 11
2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND 12
3. OPERATING INFORMATION ; AND 13
(III) ANY INFORMATION REGAR DING DEADLINES FOR A 14
RESPONSE TO THE BONA FID E OFFER TO SELL. 15
(3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP OF 16
TENANTS UNDER PARAGR APH (2) OF THIS SUBSECTION M AY NOT INCLUDE A 17
RESTRICTION ON FINAN CING OR ON THE RIGHT OF INSPECTION. 18
(4) A GROUP OF TENANTS ACT ING JOINTLY SHALL HAVE 20 DAYS 19
AFTER THE DATE OF MA ILING OF THE NOTICE AND OFFER OF SALE RE QUIRED 20
UNDER PARAGRAPH (1) OF THIS SUBSECTION T O INFORM THE OWNER O F THE 21
TENANTS’ INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST –CLASS 22
MAIL. 23
(5) (I) IF A GROU P OF TENANTS ACTING JOINTLY FAILS TO 24
RESPOND TO THE NOTIC E AND OFFER OF SALE IN ACCORDANCE WITH P ARAGRAPH 25
(4) OF THIS SUBSECTION , OR JOINTLY DECLINES TO EXERCISE THE RIGH T OF FIRST 26
REFUSAL, AN INDIVIDUAL TENANT MAY, WITHIN 20 DAYS AFTER THE EXPIR ATION OF 27
THE TIME FOR A GROUP OF TENANTS ACTING JO INTLY TO RESPOND , NOTIFY THE 28
OWNER VIA FIRST –CLASS MAIL OF THE IN DIVIDUAL TENANT ’S INTENT TO EXERCISE 29
THE RIGHT OF FIRST R EFUSAL. 30
(II) IF MORE THAN ONE TENA NT PROVIDES NOTICE T O AN 31
OWNER IN ACCORDANCE WITH THIS PARAGRAPH, THE OWNER MAY DECIDE WHICH 32
CONTRACT IS MORE FAV ORABLE WITHOUT LIABI LITY TO ANOTHER TENA NT. 33 HOUSE BILL 693 13
(6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A 1
NOTIFICATION IN ACCO RDANCE WITH PARAGRAP H (4) OR (5) OF THIS SUBSECTION , 2
THE OWNER SHALL DELI VER TO THE GROUP OF TENANTS ACTING JOINTLY OR TH E 3
INDIVIDUAL TENANT AN EXECUTED CONTRACT OF SALE FOR THE PROPERT Y ON THE 4
SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE 5
ARM’S–LENGTH, THIRD–PARTY CONTRACT . 6
(7) A GROUP OF TENANTS ACT ING JOINTLY OR AN INDIVIDUAL 7
TENANT SHALL HAVE 10 DAYS AFTER DELIVERY TO EXECUTE AND RETUR N THE 8
CONTRACT ALONG WITH ANY REQUIRED DEPOSIT AND PROOF OF FINANCI NG TO THE 9
OWNER. 10
(F) AN OWNER MAY NOT REQU IRE A TENANT OR GROU P OF TENANTS TO 11
SECURE FINANCING AND FINANCIAL ASSISTANCE FOR A PURCHASE OF PR OPERTY 12
UNDER THIS SECTION L ESS THAN 90 DAYS AFTER THE DATE OF RETURN OF AN 13
EXECUTED CONTRACT . 14
(G) ANY DEPOSIT REQUIRED BY A CONTRACT OF SAL E UNDER THIS SECTION 15
MAY NOT EXCEED 4% OF THE SALE PRICE . 16
(H) THE RIGHTS OF A TENANT UNDER TH IS SECTION MAY NOT B E WAIVED 17
OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID . 18
(I) AN OWNER WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 19
AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 PER 20
VIOLATION. 21
(J) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT 22
JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THIS SEC TION. 23
(K) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING 24
THE RIGHT OF FIRST R EFUSAL OF A JURISDIC TION OR TENANT FOR T HE PURCHASE 25
OF A RESIDENTIAL PRO PERTY WITH FOUR OR F EWER INDIVIDUAL DWEL LING UNITS. 26
(2) “FAMILY MEMBER ” MEANS A SPOUSE , FORMER SPOUSE , 27
DOMESTIC PARTNER , FORMER DOMESTIC PART NER, CHILD, STEPCHILD, PARENT, 28
STEPPARENT , SIBLING, STEPSIBLING, SON–IN–LAW, DAUGHTER–IN–LAW, 29
STEPSON–IN–LAW, STEPDAUGHTER –IN–LAW, PARENT–IN–LAW, 30
STEPPARENT –IN–LAW, GRANDPARENT, STEPGRANDPARENT , GRANDCHILD , OR 31
STEPGRANDCHILD . 32
14 HOUSE BILL 693
(3) (I) “MATERIAL TERMS ” MEANS ESSENTIAL TERM S FOR THE 1
SALE OF A RESIDENTIA L RENTAL PROPERTY TH AT MEET THE REQUIREM ENTS IN 2
SUBSECTION (D) OF THIS SECTION. 3
(II) “MATERIAL TERMS ” INCLUDES THE SA LES PRICE , 4
SETTLEMENT DATE , AND OTHER CONTINGENC IES. 5
(4) “OFFER TO PURCHASE ” MEANS A GOOD FAITH O FFER FOR THE 6
PURCHASE OF A RESIDE NTIAL RENTAL PROPERT Y FOR A PRICE THAT A WILLING 7
BUYER WOULD PAY TO A WILLING SELLER IN AN ARM’S LENGTH TRANSACTION , WITH 8
NEITHER PARTY UNDER A NY COMPULSION TO BUY OR SELL. 9
(5) “RESIDENTIAL RENTAL PR OPERTY” MEANS A TENANT –OCCUPIED 10
RENTAL PROPERTY FOR RESIDENTIAL USE WITH THREE OR FEWER INDIV IDUAL 11
DWELLING UNITS . 12
(6) “SECRETARY” MEANS THE SECRETARY OF HOUSING AND 13
COMMUNITY DEVELOPMENT . 14
(7) “TENANT” MEANS AN INDIVIDUAL WHO HAS OCCUPIED A 15
RESIDENTIAL RENTAL P ROPERTY FOR AT LEAST 6 MONTHS AND WHO IS A NAMED 16
LESSEE IN THE WRITTE N LEASE. 17
(8) “TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD ” MEANS THE 18
PERIOD OF TIME AFTER A TENANT IS NOTIFIED ABOUT TH E TENANT’S RIGHT TO 19
PURCHASE THE RESIDEN TIAL RENTAL PROPERTY DURING WHICH THE TEN ANT MAY 20
NEGOTIATE EXCLUSIVEL Y WITH THE OWNER TO ENTER INTO A CONTRAC T OF SALE. 21
(B) THIS SECTION DOES NOT APPLY TO: 22
(1) A TRANSFER OF TITLE TO A FAMILY MEMBER OF THE OWNE R; 23
(2) A TRANSFER OF TITLE TO A BUSINESS ENTITY WH OLLY OWNED BY 24
THE OWNER; 25
(3) A TRANSFER OF TITLE TH ROUGH A COURT ORDER , INCLUDING A 26
COURT ORDER FORECLOS ING THE RIGHT OF RED EMPTION, A TAX SALE, OR A SALE 27
BY FORECLOSURE , PARTITION, OR BY A COURT–APPOINTED TRUSTEE ; 28
(4) A TRANSFER BY A FIDUCI ARY IN THE COURSE OF THE 29
ADMINISTRATION OF A DECEDENT’S ESTATE, GUARDIANSHIP , CONSERVATORSHIP , 30
OR TRUST; 31
HOUSE BILL 693 15
(5) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT , A 1
TRUST INSTRUMENT , OR INHERITANCE; 2
(6) A TRANSFER OF BARE LEG AL TITLE INTO A REVO CABLE TRUST, 3
WITHOUT ACTUAL CONSI DERATION FOR THE TRA NSFER, IF THE TRANSFEROR IS THE 4
CURRENT BENEFICIARY OF THE TRUST; 5
(7) A TRANSFER OF TITLE TO THE STATE OR A LOCAL GOVE RNMENT; 6
(8) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE 7
OR DEED OF TRUST ; 8
(9) A TRANSFER OF TITLE TH ROUGH A COURT ORDER , 9
RECEIVERSHIP , OR COURT–APPROVED SETTLEMENT ; 10
(10) A TRANSFER OF TITLE TH ROUGH THE ORDER OF A BANKRUPTCY 11
COURT OR SALE BY A B ANKRUPTCY TRUSTEE OR DEB TOR IN POSSESSION ; 12
(11) A GIFT TRANSFER OF TIT LE TO ANY NONPROFIT ORGANIZATION 13
EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE; 14
(12) A TRANSFER OF TITLE BY A PUBLIC HOUSING AUT HORITY; OR 15
(13) A RESIDENTIAL RENTAL P ROPERTY WITH FOUR OR MORE 16
INDIVIDUAL DWELLING UNITS. 17
(C) (1) BEFORE A RESIDENTIAL RENTAL PROPERTY MAY BE OFFERED 18
FOR SALE TO THE PUBL IC OR A THIRD PARTY , INCLUDING THROUGH A LISTING FOR 19
SALE, THE OWNER AND ANY TE NANT OR GROUP OF TE NANTS OF THE PROPERT Y, AS 20
APPLICABLE, SHALL ENTER INTO THE TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD 21
FOR THE PURCHASE OF THE PROPERTY . 22
(2) (I) THE THE OWNER OF THE PROPERT Y SHALL SEND EACH 23
TENANT A WRITTEN NOT ICE OF THE TENANT ’S RIGHT TO DELIVER A N OFFER TO 24
PURCHASE THE PROPERT Y. 25
(II) (2) THE WRITTEN NOTICE REQUIRED UNDER PARAG RAPH 26
(1) OF THIS SUBSECTION SHALL: 27
1. (I) BE IN THE FORM SPECIF IED IN REGULATIONS 28
ADOPTED BY THE SECRETARY; 29
2. (II) BE DELIVERED BY : 30
16 HOUSE BILL 693
A. 1. CERTIFIED MAIL , RETURN RECEIPT REQUE STED 1
FIRST CLASS MAIL WITH A CERTIFICATE OF MAI LING; OR 2
B. 2. A DELIVERY SERVICE PRO VIDING DELIVERY 3
TRACKING AND CONFIRM ATION; 4
3. (III) CONTAIN MATERIAL TERM S THAT THE OWNER 5
WOULD AGREE TO INCOR PORATE IN A RESULTIN G CONTRACT OF SALE W ITH THE 6
TENANT; 7
4. (IV) STATE, IN A CONSPICUOUS MAN NER, THAT THE 8
NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS 9
AND MAY NOT BE CONSTRUED AS A BINDING CONTRACT O F SALE; AND 10
5. (V) STATE ANY INFORMATION REGARDING DEADLINES 11
FOR THE TENANT TO SU BMIT AN OFFER TO PUR CHASE, INCLUDING THE DURATI ON 12
OF THE TENANT ’S EXCLUSIVE NEGOTIAT ION PERIOD. 13
(III) (3) THE OWNER SHALL SEND A COPY OF THE N OTICE 14
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION TO THE OFFICE OF TENANT 15
AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGULATIONS EST ABLISHED BY 16
THE SECRETARY. 17
(3) (4) (I) WITHIN 30 DAYS AFTER THE TENANT RECEIVES 18
LANDLORD DELIVERS THE NOTICE UNDER PAR AGRAPH (2) (1) OF THIS SUBSECTION , 19
THE TENANT MAY DELIV ER TO THE OWNER A WR ITTEN OFFER TO PURCH ASE THE 20
PROPERTY. 21
(II) WITHIN 5 DAYS AFTER THE OWNER RECEIVES THE OFFER 22
TO PURCHASE THE PROP ERTY FROM THE TENANT , THE OWNER SHALL : 23
1. IF THE OFFER CONTAINS THE SAME OR MORE 24
FAVORABLE MATERIAL T ERMS AS THOSE CONTAI NED IN THE NOTICE , ACCEPT THE 25
OFFER AND NOTIFY THE OFFICE OF TENANT AND LANDLORD AFFAIRS; OR 26
2. IF THE OFFER CONTAINS MATERIAL TERMS THAT 27
DEVIATE FROM THE TER MS OF THE N OTICE, DELIVER A COUNTEROFF ER TO THE 28
TENANT WITH AN EXPLA NATION OF HOW THE OF FER DEVIATES FROM TH E NOTICE. 29
(III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS 30
DELIVERS A TIMELY OF FER TO PURCHASE THE PROPERTY, THE OWNER MAY SELECT 31
THE MORE FAVORABLE O FFER WITHOUT LIABILITY TO ANY OTHER TENANT . 32
HOUSE BILL 693 17
(IV) 1. A TENANT OR GROUP OF T ENANTS MAY 1
AFFIRMATIVELY DECLIN E AN OFFER OF SALE B Y AN OWNER AT ANY TI ME BEFORE 2
AN OFFER OF PURCHASE IS REQUIRED TO BE DE LIVERED TO THE OWNER UNDER 3
SUBPARAGRAPH (I) OF THIS PARAGRAP H. 4
2. A LANDLORD THAT RECEIV ES NOTICE FROM A 5
TENANT OR GROUP OF T ENANTS UNDER SUBSUBP ARAGRAPH 1 OF THIS 6
SUBPARAGRAPH MAY OFF ER THE PROPERTY FOR SALE. 7
(4) (5) (I) WITHIN 5 DAYS AFTER THE TENAN T RECEIVES A 8
COUNTEROFFER FROM TH E OWNER UNDER PARAGR APH (3)(II)2 (4)(II)2 OF THIS 9
SUBSECTION, THE TENANT MAY : 10
1. ACCEPT THE COUNTEROFF ER; OR 11
2. REJECT THE COUNTEROFF ER. 12
(II) IF THE TENANT FAILS T O RESPOND TO THE COU NTEROFFER 13
WITHIN 5 DAYS AFTER RECEIPT O F THE COUNTEROFFER , THE COUNTEROFFER IS 14
DEEMED TO BE REJECTE D AND THE OWNER SHAL L NOTIFY THE OFFICE OF TENANT 15
AND LANDLORD AFFAIRS. 16
(5) (6) A TENANT’S RIGHT OF FIRST REF USAL UNDER SUBSECTIO N 17
(D) OF THIS SECTION IS T ERMINATED AND THE OW NER SHALL NOTIFY THE OFFICE 18
OF TENANT AND LANDLORD AFFAIRS IF THE TENANT DOES N OT: 19
(I) DELIVER AN OFFER TO P URCHASE IN ACCORDANC E WITH 20
PARAGRAPH (3) OF THIS SUBSECTION ; OR 21
(II) ACCEPT A COUNTEROFFER IN ACCORDANCE WITH 22
PARAGRAPH (4) OF THIS SUBSECTION . 23
(6) (7) MATERIAL TERMS FOR TH E PURCHASE OF A RESIDENTIAL 24
RENTAL PROPERTY UNDE R THIS SUBSECTION : 25
(I) SHALL BE COMMERCIALLY REASONABLE AND MADE IN 26
GOOD FAITH, AND SHALL ADHERE TO GENERALLY ACCEPTED R ESIDENTIAL REAL 27
ESTATE PRACTICES ; AND 28
(II) MAY NOT INCLUDE RESTR ICTIONS ON FINANCING METHODS 29
OR THE RIGHT OF INSPECT ION. 30
(D) (1) (I) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A 31
RESIDENTIAL RENTAL P ROPERTY MAY OCCUR , ANY TENANT OR GROUP OF TENANTS 32 18 HOUSE BILL 693
OF THE PROPERTY , AS APPLICABLE, SHALL HAVE THE RIGHT OF FIRST REFUSAL TO 1
PURCHASE THE PROPERT Y IN ACCORDA NCE WITH THE REQUIRE MENTS OF THIS 2
SUBSECTION. 3
(II) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y 4
RESIDENTIAL RENTAL P ROPERTY TO WHICH THE REQUIREMENTS OF THIS SECTION 5
APPLY IS SUBJECT TO THE EXERCISE OF THE RIGHT OF FIRST REFUS AL BY A TENANT 6
OR GROUP OF T ENANTS. 7
(2) A TENANT HAS A RIGHT O F FIRST REFUSAL TO P URCHASE 8
RESIDENTIAL RENTAL P ROPERTY IF: 9
(I) THE OWNER INTENDS TO ACCEPT AN OFFER FROM A THIRD 10
PARTY TO PURCHASE TH E PROPERTY FOR AN AM OUNT THAT IS AT LEAS T 10% 11
LOWER THAN THE LOWES T PRICE OFFERED TO THE TENANT IN ANY PREVIOUS 12
NOTICE, OFFER, OR COUNTEROFFER UNDE R SUBSECTION (C) OF THIS SECTION; OR 13
(II) THE OWNER, WITHOUT HAVING OFFER ED THE PROPERTY 14
FOR SALE TO THE PUBL IC OR ANY THIRD PART Y, RECEIVES AN OFFER TO PURCHASE 15
THE PROPERTY FROM A THIRD PARTY. 16
(3) (I) IF THE OWNER RECEIVES AN OFFER TO PURCHASE THE 17
PROPERTY FROM A THIR D PARTY AS DESCRIBED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, THE OWNER MAY NOT AC CEPT THE OFFER UNTIL : 19
1. THE OWNER PROVIDES WR ITTEN NOTICE TO THE 20
TENANT OF THE TENANT ’S RIGHT OF FIRST REF USAL; AND 21
2. THE TENANT HAS AN OPP ORTUNITY TO EXERCISE THE 22
RIGHT OF FIRST REFUS AL WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE 23
SPECIFIED IN PARAGRA PH (4)(I) OF THIS SUBSECTION . 24
(II) THE WRITTEN NOTICE OF THE RIGHT OF FIRST REFUSAL TO 25
THE TENANT SHALL : 26
1. BE IN THE FORM SPECIF IED IN REGULATIONS B Y THE 27
SECRETARY; 28
2. BE DELIVERED BY : 29
A. CERTIFIED MAIL , RETURN RECEIPT REQUE STED 30
FIRST CLASS MAIL WITH A CERTIFICATE OF MAI LING; OR 31
HOUSE BILL 693 19
B. A DELIVERY SERVICE PRO VIDING DELIVERY 1
TRACKING AND CONFIRM ATION; 2
3. CONTAIN THE SAME SALE S PRICE AS THE 3
THIRD–PARTY OFFER TO PURCH ASE; 4
4. STATE, IN A CONSPICUOUS MAN NER, THAT THE 5
NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS 6
AND MAY NOT BE CONST RUED AS A BINDING CONT RACT OF SALE; AND 7
5. STATE ANY INFORMATION REGARDING DEADLINES 8
FOR THE TENANT TO SU BMIT AN OFFER TO PUR CHASE. 9
(III) THE OWNER SHALL SEND A COPY OF THE NOTICE TO THE 10
OFFICE OF TENANT AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGUL ATIONS 11
ESTABLISHED BY THE SECRETARY. 12
(4) (I) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 13
PARAGRAPH (3) OF THIS SUBSECTION , THE TENANT MAY DELIV ER TO THE OWNER A 14
WRITTEN OFFER TO PUR CHASE THE PROPERTY . 15
(II) IF A TENANT DELIVERS AN OFFER TO PURCHASE AT THE 16
SAME SALES PRICE AS THE OFFER FROM THE T HIRD PARTY, THE OWNER SHALL 17
ACCEPT THE OFFER FRO M THE TENANT AND NOT IFY THE OFFICE OF TENANT AND 18
LANDLORD AFFAIRS. 19
(III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS 20
DELIVERS A TIMELY OF FER TO PURC HASE THE PROPERTY , THE OWNER MAY SELECT 21
THE MORE FAVORABLE O FFER WITHOUT LIABILI TY TO ANY OTHER TENA NT. 22
(5) IF A TENANT DOES NOT DELIVER AN OFFER TO PURCHASE THE 23
PROPERTY IN ACCORDAN CE WITH PARAGRAPH (4) OF THIS SUBSECTION : 24
(I) THE OWNER MAY ACCEPT THE THIRD–PARTY OFFER; 25
(II) THE TENANT ’S RIGHT OF FIRST REF USAL SHALL BE 26
CONSIDERED WAIVED ; AND 27
(III) THE OWNER SHALL NOTIF Y THE OFFICE OF TENANT AND 28
LANDLORD AFFAIRS. 29
(6) IF THE OWNER ACCEPTS THE OFFER TO PURCHAS E FROM THE 30
TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION A ND ENTERS INTO A 31
CONTRACT OF SALE , BUT THE CONTRACT IS TERMINATED BEFORE SE TTLEMENT, 32 20 HOUSE BILL 693
THE TENANT’S RIGHT OF FIRST REF USAL IS WAIVED AND T HE OWNER SHALL NOTIF Y 1
THE OFFICE OF TENANT AND LANDLORD AFFAIRS. 2
(7) IF A THIRD PARTY DELI VERS AN OFFER TO PUR CHASE TO THE 3
OWNER, THE OWNER SHALL NOTI FY THE THIRD PARTY O F A TENANT’S RIGHT OF 4
FIRST REFUSAL UNDER THIS SUBSECTION . 5
(E) THIS SECTION MAY NOT BE CONSTRUED TO PR OHIBIT: 6
(1) AN INDIVIDUAL FROM SU BMITTING AN OFFER TO PURCHASE A 7
PROPERTY LEASED BY T HE INDIVIDUAL THAT I S OFFERED FOR SALE T O THE PUBLIC; 8
OR 9
(2) MULTIPLE TENANTS OF A RESIDENTIAL PROPERTY FROM 10
JOINTLY DELIVERING A N OFFER TO PURCHASE OR FROM JOINTLY CONTRACTING TO 11
PURCHASE THE PROPERT Y. 12
(F) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED 13
OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID . 14
(G) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING 15
THE RIGHT OF FIRST R EFUSAL OR OPPORTUNITY TO PU RCHASE OF A JURISDICTION 16
OR TENANT FOR THE PU RCHASE OF A RESIDENT IAL RENTAL PROPERTY . 17
(H) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT 18
JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THIS SEC TION PRIOR TO 19
THE CLOSING OF A CON TRACT OF SALE BETWEE N THE OWNER AND BUYE R. 20
(I) (H) (1) FOLLOWING CLOSING ON A CONTRACT OF SALE B ETWEEN 21
AN OWNER AND A TENANT , LIABILITY FOR FAILUR E TO COMPLY WITH THI S SECTION 22
IS RESTRICTED TO THE OWNER AND MAY NOT AT TACH TO THE RESIDENT IAL RENTAL 23
PROPERTY THAT IS THE SUBJECT OF THE CONTR ACT. 24
(2) (I) A TENANT WHO BRINGS AN ACTION AGAINST THE O WNER 25
AFTER CLOSI NG ON A CONTRACT OF SALE FOR FAILING TO PROVIDE THE NOTICE 26
REQUIRED BY THIS SEC TION MAY NOT FILE A NOTICE OF LIS PENDEN S UNDER 27
MARYLAND RULE 12–102. 28
(II) A COURT MAY DISMISS A WRONGFULLY FILED ACT ION OF 29
LIS PENDENS UNDER TH IS PARAGRAPH . 30
(J) (I) AN OWNER OF A RESIDEN TIAL RENTAL PROPERTY WHO VIOLATES 31
THIS SECTION IS SUBJ ECT TO A FINE OF NOT MORE THAN $1,000 PER VIOLATION. 32
HOUSE BILL 693 21
(K) (J) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT 1
THIS SECTION. 2
8–120. 3
(A) THE DEPARTMENT SHALL REGU LARLY GATHER AND MON ITOR DATA 4
RELATED TO THE PURCH ASE OF RESIDENTIAL R ENTAL PROPERTIES BY TENANTS 5
UNDER § 8–119 OF THIS SUBTITLE. 6
(B) THE DEPARTMENT SHALL PUBL ISH THE DATA GATHERE D UNDER 7
SUBSECTION (A) OF THIS SECTION IN A DATA DASHBOARD ON THE DEPARTMENT ’S 8
WEBSITE. 9
(C) (1) THE DEPARTMENT SHALL ORGA NIZE THE DATA GATHER ED 10
UNDER SUBSECTION (A) OF THIS SECTION INTO OPEN DATA SETS ON A ROLLING 11
BASIS THAT ALLOW AUT OMATED SEARCHING , SPATIAL ANALYSIS , VISUALIZATION, 12
AND PROCESSING . 13
(2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE THE 14
ORGANIZED DATA TO STATE OR LOCAL GOVERN MENTAL ENTITIES AND 15
INSTITUTIONS OF HIGH ER EDUCATION THAT AR E LOCATED IN THE STATE. 16
(D) THE DEPARTMENT MAY NOT PU BLISH DATA UNDER THI S SECTION THAT 17
IS PRIVILEGED OR OTHERWISE PROTECT ED BY LAW FROM DISCL OSURE. 18
8–203. 19
(b) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 20
A landlord may not impose a security deposit in excess of the equivalent of [two months’] 1 21
MONTH’S rent per dwelling unit, regardless of the number of tenants. 22
(2) A LANDLORD MAY IMPOSE A SECURITY DEPOSIT I N AN AMOUNT 23
EQUIVALENT TO UP TO 2 MONTHS’ RENT IF: 24
(I) THE TENANT IS ELIGIBL E AND HAS QUALIFIED FOR UTILITY 25
ASSISTANCE THROUGH T HE DEPARTMENT OF HUMAN SERVICES; 26
(II) THE LEASE AGREEMENT REQU IRES THAT THE TENANT MAKE 27
PAYMENTS FOR UTILITY SERVICES DIRECTLY TO THE LANDLORD ; AND 28
(III) THE TENANT AND LANDLO RD AGREE IN WRITING TO THE 29
AMOUNT OF THE SECURI TY DEPOSIT. 30
22 HOUSE BILL 693
(2) (3) If a landlord [charges more than the equivalent of two months’ 1
rent per dwelling unit as a security deposit] VIOLATES PARAGRAPH (1) OF THIS 2
SUBSECTION , the tenant may recover up to [threefold] THREE TIMES the extra amount 3
charged, plus reasonable attorney’s fees. 4
(3) (4) An action under this section may be brought at any time during 5
the tenancy or within [two] 2 years after its termination. 6
(f) (2) The security deposit is not liquidated damages and may not be forfeited 7
to the landlord for breach of the rental agreement, except in the amount that the landlord is 8
actually damaged by the breach OR THE AMOUNT OF A S URCHARGE AUTHORIZED 9
UNDER § 7–301(C)(5)(II) OF THE COURTS ARTICLE. 10
(i) (6) (i) A surety bond may be used to pay claims by a landlord for: 11
1. Unpaid rent; 12
2. Damage due to breach of lease; [or] 13
3. Damage by the tenant or the tenant’s family, agents, 14
employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, 15
common areas, major appliances, or furnishings owned by the landlord; OR 16
4. THE AMOUNT OF A SURCH ARGE AUTHORIZED UNDE R 17
§ 7–301(C)(5)(II) OF THE COURTS ARTICLE. 18
8–208. 19
(b) A landlord who rents using a written lease shall provide, upon written request 20
from any prospective applicant for a lease, a copy of the proposed form of lease in writing, 21
complete in every material detail, except for the date, the name and address of the tenant, 22
the designation of the premises, and the rental rate without requiring execution of the lease 23
or any prior deposit. 24
(c) A lease shall include: 25
(1) A statement that the premises will be made available in a condition 26
permitting habitation, with reasonable safety, if that is the agreement, or if that is not the 27
agreement, a statement of the agreement concerning the condition of the premises; 28
(2) The landlord’s and the tenant’s specific obligations as to heat, gas, 29
electricity, water, and repair of the premises; [and] 30
(3) A receipt for the security deposit as specified in § 8–203.1 of this 31
subtitle; AND 32
HOUSE BILL 693 23
(4) A COPY OF THE MO ST CURRENT VERSION O F THE MARYLAND 1
TENANTS’ BILL OF RIGHTS PUBLISHED BY T HE OFFICE OF TENANTS’ RIGHTS 2
TENANT AND LANDLORD AFFAIRS IN THE DEPARTMENT OF HOUSING AND 3
COMMUNITY DEVELOPMENT . 4
(d) A landlord may not use a lease or form of lease containing any provision that: 5
(1) Has the tenant authorize any person to confess judgment on a claim 6
arising out of the lease; 7
(2) Has the tenant agree to waive or to forego any right or remedy provided 8
by applicable law; 9
(3) (i) Provides for a penalty for the late payment of rent in excess of 10
5% of the amount of rent due for the rental period for which the payment was delinquent; 11
or 12
(ii) In the case of leases under which the rent is paid in weekly rental 13
installments, provides for a late penalty of more than $3 per week or a total of no more than 14
$12 per month; 15
(4) Has the tenant waive the right to a jury trial; 16
(5) Has the tenant agree to a period required for landlord’s notice to quit 17
which is less than that provided by applicable law[; provided, however, that neither party 18
is prohibited from agreeing], EXCEPT THAT THE PART IES MAY AGREE to a longer notice 19
period than that required by applicable law; 20
(6) Authorizes the landlord to take possession of the leased premises, or 21
the tenant’s personal property unless the lease has been terminated by action of the parties 22
or by operation of law, and the personal property has been abandoned by the tenant without 23
the benefit of formal legal process; 24
(7) Is against public policy and void [pursuant to] UNDER § 8–105 of this 25
title; 26
(8) Permits a landlord to commence an eviction proceeding or issue a notice 27
to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant 28
organization with the purpose of negotiating collectively with the landlord; 29
(9) Requires the tenant to accept notice of rent increases under § 8–209 OF 30
THIS SUBTITLE OR § 8–401 OF THIS TITLE by electronic delivery; [or] 31
(10) (i) Limits the ability of a tenant to summon the assistance of law 32
enforcement or emergency services or penalizes a tenant solely for summoning the 33
assistance of law enforcement or emergency services; or 34 24 HOUSE BILL 693
(ii) Penalizes a tenant for the actions of another individual solely 1
because the individual summoned the assistance of law enforcement or emergency services; 2
(11) REQUIRES A TENANT TO PAY MORE THAN THE SU M OF THE 3
SECURITY DEPOSIT UND ER § 8–203(B) OF THIS SUBTITLE AND THE FIRST MONTH ’S 4
RENT IN ORDER TO COM MENCE THE LEASE AND OCCUPY THE PREMISES ; 5
(12) WAIVES OR PLACES CONDITIONS ON A TENA NT’S RIGHT OF FIRST 6
REFUSAL UNDER § 8–119 OF THIS TITLE; OR 7
(13) PROVIDES EXCEPT AS AUTHORIZED UNDER § 7–301(C)(5)(II) OF 8
THE COURTS ARTICLE, PROVIDES THAT A TENANT IS RES PONSIBLE FOR , OR 9
REQUIRES A TENANT TO AGREE TO BE RESPONSI BLE FOR, PAYMENT OF A FILING 10
SURCHARGE ASSESSED A GAINST THE LANDLORD BY THE DISTRICT COURT UNDER § 11
7–301(C)(2)(I)1 OF THE COURTS ARTICLE. 12
8–401. 13
(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 14
shall be lawful for the landlord to have again and repossess the premises in accordance 15
with this section. 16
(b) (2) Subject to § 8–406 of this subtitle and after completing the procedures 17
required under subsection (c) of this section, a landlord or the landlord’s duly qualified 18
agent or attorney may file the landlord’s written complaint under oath or affirmation, in 19
the District Court of the county wherein the property is situated: 20
(iv) Requesting to repossess the premises and, if requested by the 21
landlord, a judgment for the amount of rent due, costs, EXCLUDING ANY SURCHA RGE 22
ASSESSED AGAINST A L ANDLORD UNDER § 7–301(C) OF THE COURTS ARTICLE, and 23
any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant 24
under § 7–309 of the Public Utilities Article; 25
(c) (1) Before a landlord may file a complaint under this section, the landlord 26
shall provide to the tenant a written notice of the landlord’s intent to file a claim in the 27
District Court against the tenant to recover possession of the residential premises if the 28
tenant does not cure within 10 days after the written notice is provided to the tenant. 29
(2) (I) The written notice required under paragraph (1) of this 30
subsection shall be in a form created by the Maryland Judiciary and notice shall occur when 31
the notice is: 32
[(i)] 1. Sent by first–class mail, certificate of mailing; 33
HOUSE BILL 693 25
[(ii)] 2. Affixed to the door of the premises; or 1
[(iii)] 3. If elected by the tenant, sent by electronic delivery in at 2
least one of the following forms: 3
[1.] A. An e–mail message; 4
[2.] B. A text message; or 5
[3.] C. Through an electronic tenant portal. 6
(II) ELECTRONIC NOTICE UND ER SUBPARAGRAPH (I)3 OF THIS 7
PARAGRAPH SHALL PROV IDE THE LANDLORD WIT H PROOF OF THE TRANS MISSION 8
OF THE NOTICE. 9
(3) (i) A complaint for repossession filed in accordance with this section 10
shall include [a]: 11
1. A statement that states and affirms the date on which the 12
landlord provided the notice required under paragraph (1) of this subsection; AND 13
2. PROOF THAT THE LANDLO RD PROVIDED THE NOTI CE 14
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION . 15
(ii) A tenant may challenge assertions made by a landlord under this 16
paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 17
cause. 18
(4) A LANDLORD MAY NOT CON DITION THE ACCEPTANC E OF A LEASE 19
APPLICATION ON THE T ENANT’S ELECTION TO RECEIV E NOTICE UNDER THIS 20
SUBSECTION BY ELECTR ONIC DELIVERY. 21
(f) (1) (i) Subject to the provisions of paragraph (2) of this subsection, if 22
judgment is given in favor of the landlord, and the tenant fails to comply with the 23
requirements of the order within [4] 7 days, the court shall, at any time after the expiration 24
of the [4] 7 days, issue its warrant, directed to any official of the county entitled to serve 25
process, ordering the official to cause the landlord to have again and repossess the property 26
by putting the landlord [(or], OR the landlord’s duly qualified agent or attorney [for the 27
landlord’s benefit)], in possession [thereof] OF THE PROPERTY , and for that purpose to 28
remove from the property, by force if necessary, all the furniture, implements, tools, goods, 29
effects or other chattels of every description whatsoever belonging to the tenant, or to any 30
person claiming or holding by or under [said] THE tenant. 31
26 HOUSE BILL 693
(2) (i) The administrative judge of any district [may] SHALL stay the 1
execution of a warrant of restitution of a residential property, from day to day, in the event 2
of [extreme]: 3
1. EXTREME weather conditions AFFECTING THE 4
RESIDENTIAL PROPERTY , INCLUDING: 5
A. 1. A TEMPERATURE OR NEXT –DAY FORECASTED 6
TEMPERA TURE OF 32 DEGREES FAHRENHEIT OR LOWER ; 7
B. 2. A WINTER STORM WARNING OR BLIZZARD WARNING 8
ISSUED BY THE NATIONAL WEATHER SERVICE; 9
C. 3. A HURRICANE WARNING OR TROPICAL STORM 10
WARNING ISSUED BY TH E NATIONAL WEATHER SERVICE; AND 11
D. 4. AN EXCESSIVE HEAT WARNI NG ISSUED BY THE 12
NATIONAL WEATHER SERVICE; OR 13
2. ANY OTHER STATE OF EM ERGENCY DECLARED 14
UNDER § 14–107 OF THE PUBLIC SAFETY ARTICLE. 15
(ii) When a stay has been granted under this paragraph, the 16
execution of the warrant of restitution for which the stay has been granted shall be given 17
priority and completed within [3] 5 days after the extreme weather conditions cease OR 18
THE STATE OF EMERGEN CY IS TERMINATED OR EXPIRES. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21
Article – Courts and Judicial Proceedings 22
7–202. 23
(d) The State Court Administrator, as part of the Administrator’s determination 24
of the amount of court costs and charges in civil cases, shall assess a surcharge that: 25
(1) May not be more than [$55] $85 per case; and 26
(2) Shall be deposited into the Maryland Legal Services Corporation Fund 27
established under § 11–402 of the Human Services Article. 28
7–301. 29
HOUSE BILL 693 27
(c) (1) The filing fees and costs in a civil case are those prescribed by law 1
subject to modification by law, rule, or administrative regulation. 2
(2) The Chief Judge of the District Court shall assess a surcharge that: 3
(i) May not be more than: 4
1. [$8] $83 $43 per [summary ejectment] case FOR THE 5
FOLLOWING CASES: 6
A. SUMMARY EJECTMENT ; 7
B. TENANT HOLDING OVER ; OR 8
C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 9
POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 10
2. [$18] $28 per case for all other civil cases; and 11
(ii) Shall be deposited: 12
1. FOR A SURCHARGE ASSES SED UNDER ITEM (I)1 OF 13
THIS PARAGRAPH : 14
A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE 15
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 16
COMMUNITY DEVELOPMENT ARTICLE; AND 17
B. 50% INTO THE MARYLAND LEGAL SERVICES 18
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 19
ARTICLE; AND 20
2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF 21
THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under 22
§ 11–402 of the Human Services Article. 23
(3) (i) In addition to the surcharge assessed under paragraph (2) of this 24
subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 25
more than $10 per case for the following cases filed in Baltimore City: 26
1. Summary ejectment; 27
2. Tenant holding over; 28
3. Breach of lease; and 29 28 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) (I) A EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH , A SURCHARGE ASSESSED UNDER PARAGRAPH (2)(I)1 OF THIS 16
SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 17
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT BY THE COURT. 18
(II) A COURT MAY ALLOW A LA NDLORD TO DEDUCT A 19
SURCHARGE ASSESSED U NDER PARAGR APH (2)(I)1 OF THIS SUBSECTION F ROM THE 20
TENANT’S SECURITY DEPOSIT I F: 21
1. A JUDGMENT FOR POSSESS ION IS GRANTED IN TH E 22
LANDLORD’S FAVOR; AND 23
2. THE LEASE AGREEMENT P ROVIDES THAT A 24
SURCHARGE MAY BE ASS ESSED AGAINST THE TE NANT IN ACCORDANCE W ITH THIS 25
PARAGRAPH . 26
(III) A DEDUCTION UNDER SUBP ARAGRAPH (II) OF THIS 27
PARAGRAPH MAY NOT EX CEED THE AMOUNT OF A TENANT’S SECURITY DEPOSIT . 28
[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 29
of prepayment of filing fees and other costs in cases of indigency. 30 HOUSE BILL 693 29
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Courts and Judicial Proceedings 3
7–202. 4
(d) The State Court Administrator, as part of the Administrator’s determination 5
of the amount of court costs and charges in civil cases, shall assess a surcharge that: 6
(1) May not be more than [$55] $85 per case; and 7
(2) Shall be deposited into the Maryland Legal Services Corporation Fund 8
established under § 11–402 of the Human Services Article. 9
7–301. 10
(c) (1) The filing fees and costs in a civil case are those prescribed by law 11
subject to modification by law, rule, or administrative regulation. 12
(2) The Chief Judge of the District Court shall assess a surcharge that: 13
(i) May not be more than: 14
1. [$8] $83 $43 per [summary ejectment] case FOR THE 15
FOLLOWING CASES : 16
A. SUMMARY EJECTMENT ; 17
B. TENANT HOLDING OVER ; OR 18
C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR 19
POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and 20
2. [$18] $28 per case for all other civil cases; and 21
(ii) Shall be deposited: 22
1. FOR A SURCHARGE ASSES SED UNDER ITEM (I)1 OF 23
THIS PARAGRAPH : 24
A. 45% INTO THE STATEWIDE RENTAL ASSISTANCE 25
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND 26
COMMUNITY DEVELOPMENT ARTICLE; 27
30 HOUSE BILL 693
B. 45% INTO THE MARYLAND LEGAL SERVICES 1
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 2
ARTICLE; AND 3
C. 10% INTO THE RENTAL ASSISTANCE FOR 4
COMMUNITY SCHOOLS FAMILIES FUND ESTABLISHED UNDE R § 9.9–104.1 OF THE 5
EDUCATION ARTICLE; AND 6
2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF 7
THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under 8
§ 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 31
(5) (I) A EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
PARAGRAPH , A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS 2
SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED 3
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT BY THE COURT. 4
(II) A COURT MAY ALLOW A LA NDLORD TO DEDUCT A 5
SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS SUBSECTION F ROM THE 6
TENANT’S SECURITY DEPOSIT I F: 7
1. A JUDGMENT FOR POSSESS ION IS GRANTED IN TH E 8
LANDLORD’S FAVOR; AND 9
2. THE LEASE AGREEMENT P ROVIDES THAT A 10
SURCHARGE MAY BE ASS ESSED AGAINST THE TENANT I N ACCORDANCE WITH TH IS 11
PARAGRAPH . 12
(III) A DEDUCTION UNDER SUBP ARAGRAPH (II) OF THIS 13
PARAGRAPH MAY NOT EX CEED THE AMOUNT OF A TENANT’S SECURITY DEPOSIT . 14
[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver 15
of prepayment of filing fees and other costs in cases of indigency. 16
SECTION 2. 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Real Property 19
14–133. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “COMPLAINT” MEANS A COMPLAINT FI LED UNDER TITLE 7, 22
SUBTITLE 1 OF THIS ARTICLE , § 8–401, § 8–402, § 8–402.1, OR § 8–402.2 OF THIS 23
ARTICLE, OR § 14–132 OF THIS SUBTITLE. 24
[(2)] (3) “Department” means the Department of Housing and 25
Community Development. 26
[(3)] (4) “Eviction data” means, for each PREMISES SUBJECT TO A 27
warrant [of restitution or writ of possession issued in accordance with a judgment for 28
possession of residential property entered under Title 7, Subtitle 1 of this article, §§ 8–401 29
through 8–402.2 of this article, or § 14–132 of this subtitle], REGARDLESS OF WHETHE R 30
AN EVICTION OCCURS , THE FOLLOWING INFORM ATION: 31
32 HOUSE BILL 693
(i) THE NAME OF THE LANDL ORD OF THE PREMISES ; 1
(II) The STREET ADDRESS , CITY, county, and zip code of the 2
[subject] premises SUBJECT TO THE WARRA NT; 3
[(ii) The date of execution of the warrant or writ; and 4
(iii) The type of action from which the warrant or writ was issued] 5
(III) THE DATE OF FILING OF THE COMPLAINT AND TH E TYPE OF 6
ACTION; 7
(IV) FOR A HEARING OR TRIAL REL ATING TO THE COMPLAI NT: 8
1. WHETHER THE TENANT AP PEARED AT THE HEARIN G 9
OR TRIAL; AND 10
2. WHETHER THE TENANT HA D LEGAL 11
REPRESENTATION ; 12
(V) THE DATE OF ENTRY OF A JUDGMENT FOR POSSE SSION; 13
(VI) IF APPLICABLE, WHETHER THE RIGHT OF REDEMPTION WAS 14
FORECLOSED AT THE TI ME OF THE ENTRY OF J UDGMENT FOR POSSESSI ON; 15
(VII) THE DATE OF ISSUANCE OF THE WARRANT ; AND 16
(VIII) THE OUTCOME OF THE IS SUANCE OF THE WARRAN T, 17
INCLUDING: 18
1. AN EVICTION EXECUTED BY A SHERIFF’S OFFICE; 19
2. THE CANCELLATION OF T HE WARRANT ; 20
3. THE EXPIRATION OF THE WARRANT; AND 21
4. ANY OTHER OUTCOME . 22
(5) “PUBLICLY DISCLOSABLE DATA” MEANS DATA THAT IS N OT 23
REQUIRED TO BE WITHH ELD FROM DISCLOSURE UNDER THE PUBLIC INFORMATION 24
ACT OR ANY OTHER LAW. 25
(6) “WARRANT” MEANS A WARRANT OF R ESTITUTION, A WARRANT 26
ISSUED TO A SHERIFF OR CONSTABLE COMMAND ING A TENANT TO DELI VER 27 HOUSE BILL 693 33
POSSESSION TO A LAND LORD, OR A WRIT OF POSSESS ION, ISSUED AS THE RESULT 1
OF A JUDGMENT FOR PO SSESSION OF RESIDENT IAL PROPERTY. 2
(b) (1) Each month, the Judiciary shall collect, compile, and share complete 3
eviction data from the immediately preceding month with the Department in the manner 4
required by the Department. 5
(2) IF THE JUDICIARY DISCOVERS T HAT EVICTION DATA SH ARED 6
WITH THE DEPARTMENT FOR ANY CO LLECTION PERIOD IS I NACCURATE OR 7
INCOMPLETE , THE JUDICIARY SHALL NOTIF Y THE DEPARTMENT OF THE 8
INACCURACY OR INCOMP LETENESS AND PROVIDE THE DEPARTMENT WITH 9
UPDATED EVICTION DAT A. 10
(c) The Department shall: 11
(1) Organize and format the data received under subsection (b) of this 12
section; 13
(2) Publish the PUBLICLY DISCLOSABLE data in a data dashboard on the 14
Department’s website and update the dashboard monthly; 15
(3) Make the PUBLICLY DISCLOSABLE data available for download in 16
open data sets that allow automated searching, spatial analysis, visualization, and 17
processing, on request by: 18
(i) A State agency; 19
(ii) An agency of a county or municipal corporation; or 20
(iii) An academic institution located in the State; and 21
(4) On or before August 31, 2023, and each year thereafter, submit a report 22
on the eviction data to the Governor and, in accordance with § 2–1257 of the State 23
Government Article, the General Assembly. 24
SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 25
effect October 1, 2024, contingent on the taking effect of Chapter ____ (S.B. 370/H.B. 428) 26
of the Acts of the General Assembly of 2024. If Section 3 of this Act takes effect, Section 2 27
of this Act, with no further action required by the General Assembly, shall be abrogated 28
and of no further force and effect. 29
SECTION 3. 6. AND BE IT FURTHER ENACTED, That Section 2 4 of this Act shall 30
take effect October 1, 2025. 31
34 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.