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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 18, 2024
CHAPTER ______
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 SENATE BILL 162
(2) “DEVELOPMENTAL DISABIL ITY” HAS THE MEANING STAT ED IN § 1
7–101 OF THE HEALTH – GENERAL ARTICLE. 2
(3) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN § 3
7–101 OF THE HEALTH – GENERAL ARTICLE. 4
(4) IN THIS SECTION , “MENTAL MENTAL DISORDER” HAS THE 5
MEANING STATED IN § 10–101 OF THE HEALTH – GENERAL ARTICLE. 6
(B) This section does not apply to a tenant under a residential lease that contains 7
a liquidated damages clause or early termination clause that: 8
(1) Requires written notice to vacate of 1 month or less; and 9
(2) Imposes liability for rent less than or equal to 2 months’ rent after the 10
date on which the tenant vacates the leased premises. 11
[(b)] (C) Subject to subsection [(a)] (B) of this section and notwithstanding any 12
other provision of this title, if a tenant under a residential lease meets the conditions set 13
forth in subsection [(c)] (D) of this section, the tenant’s liability for rent under the lease 14
may not exceed 2 months’ rent after the date on which the tenant vacates the leased 15
premises. 16
[(c)] (D) To qualify for the limitation of liability under subsection [(b)] (C) of this 17
section, the tenant shall provide to the landlord before the tenant vacates the leased 18
premises: 19
(1) Subject to the provisions of subsection [(d)] (E) of this section, a written 20
certification from a physician, THERAPIST, OR PSYCHOLOGIST regarding an individual 21
who is a named party in, or an authorized occupant under the terms of, the lease that states 22
in substantially the following form: 23
“I, (name of physician, THERAPIST, OR PSYCHOLOGIST ), hereby certify that my 24
patient, (name of patient), is no longer able to live at his or her leased premises, (address 25
of leased premises), because the patient has a medical condition that: 26
(1) Substantially restricts the physical mobility of the patient within, or 27
from entering and exiting, the leased premises; [or] 28
(2) Requires the patient to move to a home, facility, or institution to obtain 29
a higher level of care than can be provided at the leased premises; OR 30
SENATE BILL 162 3
(3) IS AN INTELLECTUAL OR DEVELOPMENTAL DISABI LITY OR A 1
MENTAL DISORDER AND THE MANAGEMENT OF TH E DISABILITY OR DISO RDER IS 2
SUBSTANTIALLY LIMITE D BY THE LEASED PREM ISES IS A MENTAL DISORDER THAT: 3
(I) CAUSES THE CONTINUED HABITATION OF THE LEASED 4
PREMISES TO BE UNFEA SIBLE OR UNSUSTAINAB LE FOR THE PATIENT ; OR 5
(II) REQUIRES THE PATIENT TO MOVE TO A HOME , FACILITY, OR 6
INSTITUTION TO OBTAI N A HIGHER LEVEL OF CARE THAN CAN BE PRO VIDED AT THE 7
LEASED PREMISES . 8
I certify further that the expected duration of the patient’s medical condition will 9
continue beyond the termination date of the patient’s lease, which the patient states is 10
(termination date of lease).”; and 11
(2) A written notice of the termination of the lease stating the date by when 12
the tenant will vacate the leased premises. 13
[(d)] (E) A certification that is provided to a landlord under subsection [(c)(1)] 14
(D)(1) of this section shall be: 15
(1) Written by [a]: 16
(I) A physician who is licensed by the State Board of Physicians to 17
practice medicine in the State under Title 14 of the Health Occupations Article; OR 18
(II) A PROFESSIONAL COUNSEL OR OR THERAPIST WHO IS 19
LICENSED BY THE STATE BOARD OF PROFESSIONAL COUNSELORS AND 20
THERAPISTS TO PRACTIC E COUNSELING OR THER APY IN THE STATE UNDER TITLE 21
17 OF THE HEALTH OCCUPATIONS ARTICLE; OR 22
(III) A PSYCHOLOGIST WHO IS LICENSED BY THE STATE BOARD 23
OF EXAMINERS OF PSYCHOLOGISTS TO PRAC TICE PSYCHOLOGY IN T HE STATE 24
UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE; 25
(2) Prepared on the letterhead or printed prescription form of the 26
physician, THERAPIST, OR PSYCHOLOGIST ; and 27
(3) Signed by the physician, THERAPIST, OR PSYCHOLOGIST . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2024. 30