MD
Maryland House Bill HB93

Maryland 2024 Regular Session

Maryland House Bill HB93 Compare Versions

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1- WES MOORE, Governor Ch. 290
21
3-– 1 –
4-Chapter 290
5-(House Bill 93)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0093*
89
9-Landlord and Tenant – Termination of Residential Lease – Limitation of
10-Liability for Rent
10+HOUSE BILL 93
11+N1 4lr1043
12+ (PRE–FILED) CF SB 162
13+By: Delegate Mireku–North Delegates Mireku–North, Allen, Boyce, Foley, Guyton,
14+Holmes, Lehman, J. Long, Ruth, Stein, Stewart, and Terrasa
15+Requested: October 18, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Environment and Transportation
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: February 21, 2024
1121
12-FOR the purpose of limiting a tenant’s liability for rent under a residential lease if a
13-physician, counselor, therapist, or psychologist completes a form specifying that the
14-tenant has a certain intellectual or developmental disability or mental disorder and
15-the tenant vacates the leased premises; and generally relating to limitations on
16-tenant liability for rent under a residential lease.
22+CHAPTER ______
1723
18-BY repealing and reenacting, with amendments,
19- Article – Real Property
20-Section 8–212.2
21- Annotated Code of Maryland
22- (2023 Replacement Volume)
24+AN ACT concerning 1
2325
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
26+Landlord and Tenant – Termination of Residential Lease – Limitation of 2
27+Liability for Rent 3
2628
27-Article – Real Property
29+FOR the purpose of limiting a tenant’s liability for rent under a residential lease if a 4
30+physician, counselor, therapist, or psychologist completes a form specifying that the 5
31+tenant has a certain intellectual or developmental disability or mental disorder and 6
32+the tenant vacates the leased premises; and generally relating to limitations on 7
33+tenant liability for rent under a residential lease. 8
2834
29-8–212.2.
35+BY repealing and reenacting, with amendments, 9
36+ Article – Real Property 10
37+Section 8–212.2 11
38+ Annotated Code of Maryland 12
39+ (2023 Replacement Volume) 13
3040
31- (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
32-INDICATED.
41+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
42+That the Laws of Maryland read as follows: 15
3343
34- (2) “DEVELOPMENTAL DISABIL ITY” HAS THE MEANING STATED IN §
35-7–101 OF THE HEALTH – GENERAL ARTICLE.
44+Article – Real Property 16
3645
37- (3) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN §
38-7–101 OF THE HEALTH – GENERAL ARTICLE.
46+8–212.2. 17
47+ 2 HOUSE BILL 93
3948
40- (4) IN THIS SECTION , “MENTAL MENTAL DISORDER” HAS THE
41-MEANING STATED IN § 10–101 OF THE HEALTH – GENERAL ARTICLE.
4249
43- (B) This section does not apply to a tenant under a residential lease that contains
44-a liquidated damages clause or early termination clause that:
50+ (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
51+INDICATED. 2
4552
46- (1) Requires written notice to vacate of 1 month or less; and
47- Ch. 290 2024 LAWS OF MARYLAND
53+ (2) “DEVELOPMENTAL DISABIL ITY” HAS THE MEANING STAT ED IN § 3
54+7–101 OF THE HEALTH – GENERAL ARTICLE. 4
4855
49-– 2 –
50- (2) Imposes liability for rent less than or equal to 2 months’ rent after the
51-date on which the tenant vacates the leased premises.
56+ (3) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN § 5
57+7–101 OF THE HEALTH – GENERAL ARTICLE. 6
5258
53- [(b)] (C) Subject to subsection [(a)] (B) of this section and notwithstanding any
54-other provision of this title, if a tenant under a residential lease meets the conditions set
55-forth in subsection [(c)] (D) of this section, the tenant’s liability for rent under the lease
56-may not exceed 2 months’ rent after the date on which the tenant vacates the leased
57-premises.
59+ (4) IN THIS SECTION , “MENTAL MENTAL DISORDER” HAS THE 7
60+MEANING STATED IN § 10–101 OF THE HEALTH – GENERAL ARTICLE. 8
5861
59- [(c)] (D) To qualify for the limitation of liability under subsection [(b)] (C) of this
60-section, the tenant shall provide to the landlord before the tenant vacates the leased
61-premises:
62+ (B) This section does not apply to a tenant under a residential lease that contains 9
63+a liquidated damages clause or early termination clause that: 10
6264
63- (1) Subject to the provisions of subsection [(d)] (E) of this section, a written
64-certification from a physician, THERAPIST, OR PSYCHOLOGIST regarding an individual
65-who is a named party in, or an authorized occupant under the terms of, the lease that states
66-in substantially the following form:
65+ (1) Requires written notice to vacate of 1 month or less; and 11
6766
68- “I, (name of physician, THERAPIST, OR PSYCHOLOGIST ), hereby certify that my
69-patient, (name of patient), is no longer able to live at his or her leased premises, (address
70-of leased premises), because the patient has a medical condition that:
67+ (2) Imposes liability for rent less than or equal to 2 months’ rent after the 12
68+date on which the tenant vacates the leased premises. 13
7169
72- (1) Substantially restricts the physical mobility of the patient within, or
73-from entering and exiting, the leased premises; [or]
70+ [(b)] (C) Subject to subsection [(a)] (B) of this section and notwithstanding any 14
71+other provision of this title, if a tenant under a residential lease meets the conditions set 15
72+forth in subsection [(c)] (D) of this section, the tenant’s liability for rent under the lease 16
73+may not exceed 2 months’ rent after the date on which the tenant vacates the leased 17
74+premises. 18
7475
75- (2) Requires the patient to move to a home, facility, or institution to obtain
76-a higher level of care than can be provided at the leased premises; OR
76+ [(c)] (D) To qualify for the limitation of liability under subsection [(b)] (C) of this 19
77+section, the tenant shall provide to the landlord before the tenant vacates the leased 20
78+premises: 21
7779
78- (3) IS AN INTELLECTUAL OR DEVELOPMENTAL DISABI LITY OR A
79-MENTAL DISORDER AND THE MANAGEMENT OF TH E DISABILITY OR DISO RDER IS
80-SUBSTANTIALLY LIMITE D BY THE LEASED PREM ISES IS A MENTAL DISORDER THAT:
80+ (1) Subject to the provisions of subsection [(d)] (E) of this section, a written 22
81+certification from a physician, THERAPIST, OR PSYCHOLOGIST regarding an individual 23
82+who is a named party in, or an authorized occupant under the terms of, the lease that states 24
83+in substantially the following form: 25
8184
82- (I) CAUSES THE CONTINUED HABITATION OF THE LE ASED
83-PREMISES TO BE UNFEA SIBLE OR UNSUSTAINAB LE FOR THE PATIENT ; OR
85+ “I, (name of physician, THERAPIST, OR PSYCHOLOGIST ), hereby certify that my 26
86+patient, (name of patient), is no longer able to live at his or her leased premises, (address 27
87+of leased premises), because the patient has a medical condition that: 28
8488
85- (II) REQUIRES THE PATIENT TO MOVE TO A HOME , FACILITY, OR
86-INSTITUTION TO OBTAI N A HIGHER LEVEL OF CARE THAN CAN BE PRO VIDED AT THE
87-LEASED PREMISES.
89+ (1) Substantially restricts the physical mobility of the patient within, or 29
90+from entering and exiting, the leased premises; [or] 30
8891
89- I certify further that the expected duration of the patient’s medical condition will
90-continue beyond the termination date of the patient’s lease, which the patient states is
91-(termination date of lease).”; and
92+ (2) Requires the patient to move to a home, facility, or institution to obtain 31
93+a higher level of care than can be provided at the leased premises; OR 32
94+ HOUSE BILL 93 3
9295
93- (2) A written notice of the termination of the lease stating the date by when
94-the tenant will vacate the leased premises. WES MOORE, Governor Ch. 290
9596
96-– 3 –
97+ (3) IS AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY OR A 1
98+MENTAL DISORDER AND THE MANAGEMENT OF TH E DISABILITY OR DISO RDER IS 2
99+SUBSTANTIALLY LIMITE D BY THE LEASED PREM ISES IS A MENTAL DISORDER THAT: 3
97100
98- [(d)] (E) A certification that is provided to a landlord under subsection [(c)(1)]
99-(D)(1) of this section shall be:
101+ (I) CAUSES THE CONTINUED HABITATION OF THE LE ASED 4
102+PREMISES TO BE UNFEA SIBLE OR UNSUSTAINAB LE FOR THE PATIENT; OR 5
100103
101- (1) Written by [a]:
104+ (II) REQUIRES THE PATIENT TO MOVE TO A HOME , FACILITY, OR 6
105+INSTITUTION TO OBTAI N A HIGHER LEVEL OF CARE THAN CAN BE PRO VIDED AT THE 7
106+LEASED PREMISES . 8
102107
103- (I) A physician who is licensed by the State Board of Physicians to
104-practice medicine in the State under Title 14 of the Health Occupations Article; OR
108+ I certify further that the expected duration of the patient’s medical condition will 9
109+continue beyond the termination date of the patient’s lease, which the patient states is 10
110+(termination date of lease).”; and 11
105111
106- (II) A PROFESSIONAL COUNSEL OR OR THERAPIST WHO IS
107-LICENSED BY THE STATE BOARD OF PROFESSIONAL COUNSELORS AND
108-THERAPISTS TO PRACTIC E COUNSELING OR THER APY IN THE STATE UNDER TITLE
109-17 OF THE HEALTH OCCUPATIONS ARTICLE; OR
112+ (2) A written notice of the termination of the lease stating the date by when 12
113+the tenant will vacate the leased premises. 13
110114
111- (III) A PSYCHOLOGIST WHO IS LICENSED BY THE STATE BOARD
112-OF EXAMINERS OF PSYCHOLOGISTS TO PRAC TICE PSYCHOLOGY IN T HE STATE
113-UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE;
115+ [(d)] (E) A certification that is provided to a landlord under subsection [(c)(1)] 14
116+(D)(1) of this section shall be: 15
114117
115- (2) Prepared on the letterhead or printed prescription form of the
116-physician, THERAPIST, OR PSYCHOLOGIST ; and
118+ (1) Written by [a]: 16
117119
118- (3) Signed by the physician, THERAPIST, OR PSYCHOLOGIST .
120+ (I) A physician who is licensed by the State Board of Physicians to 17
121+practice medicine in the State under Title 14 of the Health Occupations Article; OR 18
119122
120- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
121-October 1, 2024.
123+ (II) A PROFESSIONAL COUNSEL OR OR THERAPIST WHO IS 19
124+LICENSED BY THE STATE BOARD OF PROFESSIONAL COUNSELORS AND 20
125+THERAPISTS TO PRACTIC E COUNSELING OR THER APY IN THE STATE UNDER TITLE 21
126+17 OF THE HEALTH OCCUPATIONS ARTICLE; OR 22
122127
123-Approved by the Governor, April 25, 2024.
128+ (III) A PSYCHOLOGIST WHO IS LICENSED BY THE STATE BOARD 23
129+OF EXAMINERS OF PSYCHOLOGISTS TO PRAC TICE PSYCHOLOGY IN T HE STATE 24
130+UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE; 25
131+
132+ (2) Prepared on the letterhead or printed prescription form of the 26
133+physician, THERAPIST, OR PSYCHOLOGIST ; and 27
134+
135+ (3) Signed by the physician, THERAPIST, OR PSYCHOLOGIST . 28
136+
137+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
138+October 1, 2024. 30
139+