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.
*sb0171*
SENATE BILL 171
N1, O1 4lr0922
(PRE–FILED) CF HB 139
By: Senator Augustine
Requested: October 11, 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 12, 2024
CHAPTER ______
AN ACT concerning 1
Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills 2
in Residential Leases – Financial Assistance Gas and Electric Services 3
FOR the purpose of requiring a landlord to accept financial assistance from the Office of 4
Home Energy Programs in the Department of Human Services for the cost of utility 5
services that a tenant is required to pay; requiring a landlord, under certain 6
circumstances, to provide a tenant with utility service documentation that is 7
necessary for the Office to determine the eligibility of the tenant for financial 8
assistance adding gas and electric utility services to the types of utility services for 9
which certain landlords are required to provide a certain notice in a written lease 10
and a copy of a certain receipt or bill summary under certain circumstances; and 11
generally relating to landlords, tenants, and the Office of Home Energy Programs 12
required provisions in written leases. 13
BY adding to repealing and reenacting, with amendments, 14
Article – Real Property 15
Section 8–220 8–205.1 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Real Property 21 2 SENATE BILL 171
8–205.1. 1
(a) In this section, “utility service provider” means a public service company or a 2
unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC 3
utility services. 4
(b) [(1) This section applies only to a landlord of a building that contains one or 5
two residential dwelling units. 6
(2)] This section does not apply to a landlord [that]: 7
(1) THAT requires a tenant, under an oral or written lease, to pay water 8
[or], sewer, GAS, OR ELECTRIC bills directly to the utility service provider; OR 9
(2) FOR ANY UTILITY THAT IS ALLOCATED USING A RA TIO UTILITY 10
BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE . 11
(c) A landlord that requires a tenant to make payments for water [or], sewer, 12
GAS, OR ELECTRIC utility services to the landlord shall: 13
(1) Use a written lease that provides notice that the tenant is responsible 14
for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the 15
landlord; and 16
(2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill 17
to the tenant; OR 18
(II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EA CH 19
TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN 20
WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN T HE 21
IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY 22
SERVICES, DISAGGREGATED BY UTI LITY TYPE. 23
8–220. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN 27
THE DEPARTMENT OF HUMAN SERVICES. 28
(3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER, 29
OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS 30
REGULATED BY THE PUBLIC SERVICE COMMISSION. 31 SENATE BILL 171 3
(B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE 1
OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY. 2
(C) (1) SUBJECT TO THE CONFID ENTIALITY REQUIREMEN TS OF STATE 3
AND FEDERAL LAW , AND UPON THE REQUEST OF A TENANT, A LANDLORD SHALL 4
PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS : 5
(I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE 6
INACCESSIBLE TO THE TENANT; AND 7
(II) NECESSARY FOR THE OFFICE TO DETERMINE T HE 8
ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSISTANCE. 9
(2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF 10
THIS SUBSECTION SHAL L: 11
(I) BE PROVIDED AT NO COS T TO THE TENANT; AND 12
(II) INCLUDE BILLS AND OTH ER STATEMENTS RELATE D TO 13
UTILITY SERVICES . 14
(D) (1) FOR EACH VIOLATION OF THIS SECTION BY A LA NDLORD, THE 15
DEPARTMENT OF HUMAN SERVICES MAY IMPOSE : 16
(I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF 17
$500; OR 18
(II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN 19
ADMINISTRATIVE PENAL TY OF $1,000. 20
(2) THE DEPARTMENT SHALL PAY ANY PENALTY COLLECTE D UNDER 21
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 23
October 1, 2024. 24