EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0162*
SENATE BILL 162
N1 4lr1044
(PRE–FILED) CF HB 93
By: Senator Waldstreicher
Requested: October 18, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Termination of Residential Lease – Limitation of 2
Liability for Rent 3
FOR the purpose of limiting a tenant’s liability for rent under a residential lease if a 4
physician, counselor, therapist, or psychologist completes a form specifying that the 5
tenant has a certain intellectual or developmental disability or mental disorder and 6
the tenant vacates the leased premises; and generally relating to limitations on 7
tenant liability for rent under a residential lease. 8
BY repealing and reenacting, with amendments, 9
Article – Real Property 10
Section 8–212.2 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Real Property 16
8–212.2. 17
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “DEVELOPMENTAL DISABILIT Y” HAS THE MEANING STAT ED IN § 20
7–101 OF THE HEALTH – GENERAL ARTICLE. 21
2 SENATE BILL 162
(3) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN § 1
7–101 OF THE HEALTH – GENERAL ARTICLE. 2
(4) “MENTAL DISORDER ” HAS THE MEANING STAT ED IN § 10–101 OF 3
THE HEALTH – GENERAL ARTICLE. 4
(B) This section does not apply to a tenant under a residential lease that contains 5
a liquidated damages clause or early termination clause that: 6
(1) Requires written notice to vacate of 1 month or less; and 7
(2) Imposes liability for rent less than or equal to 2 months’ rent after the 8
date on which the tenant vacates the leased premises. 9
[(b)] (C) Subject to subsection [(a)] (B) of this section and notwithstanding any 10
other provision of this title, if a tenant under a residential lease meets the conditions set 11
forth in subsection [(c)] (D) of this section, the tenant’s liability for rent under the lease 12
may not exceed 2 months’ rent after the date on which the tenant vacates the leased 13
premises. 14
[(c)] (D) To qualify for the limitation of liability under subsection [(b)] (C) of this 15
section, the tenant shall provide to the landlord before the tenant vacates the leased 16
premises: 17
(1) Subject to the provisions of subsection [(d)] (E) of this section, a written 18
certification from a physician, THERAPIST, OR PSYCHOLOGIST regarding an individual 19
who is a named party in, or an authorized occupant under the terms of, the lease that states 20
in substantially the following form: 21
“I, (name of physician, THERAPIST, OR PSYCHOLOGIST ), hereby certify that my 22
patient, (name of patient), is no longer able to live at his or her leased premises, (address 23
of leased premises), because the patient has a medical condition that: 24
(1) Substantially restricts the physical mobility of the patient within, or 25
from entering and exiting, the leased premises; [or] 26
(2) Requires the patient to move to a home, facility, or institution to obtain 27
a higher level of care than can be provided at the leased premises; OR 28
(3) IS AN INTELLECTUAL OR DEVELOPMENTAL DISABI LITY OR A 29
MENTAL DISORDER AND THE MANAGEMENT OF TH E DISABILITY OR DISO RDER IS 30
SUBSTANTIALLY LIMITE D BY THE LEASED PREM ISES. 31
I certify further that the expected duration of the patient’s medical condition will 32
continue beyond the termination date of the patient’s lease, which the patient states is 33
(termination date of lease).”; and 34 SENATE BILL 162 3
(2) A written notice of the termination of the lease stating the date by when 1
the tenant will vacate the leased premises. 2
[(d)] (E) A certification that is provided to a landlord under subsection [(c)(1)] 3
(D)(1) of this section shall be: 4
(1) Written by [a]: 5
(I) A physician who is licensed by the State Board of Physicians to 6
practice medicine in the State under Title 14 of the Health Occupations Article; 7
(II) A PROFESSIONAL COUNSEL OR OR THERAPIST WHO IS 8
LICENSED BY THE STATE BOARD OF PROFESSIONAL COUNSELORS AND 9
THERAPISTS TO PRACTIC E COUNSELING OR THER APY IN THE STATE UNDER TITLE 10
17 OF THE HEALTH OCCUPATIONS ARTICLE; OR 11
(III) A PSYCHOLOGIST WHO IS LICENSED BY THE STATE BOARD 12
OF EXAMINERS OF PSYCHOLOGISTS TO PRAC TICE PSYCHOLOGY IN T HE STATE 13
UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE; 14
(2) Prepared on the letterhead or printed prescription form of the 15
physician, THERAPIST, OR PSYCHOLOGIST ; and 16
(3) Signed by the physician, THERAPIST, OR PSYCHOLOGIST . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19