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.
*sb0171*
SENATE BILL 171
N1, O1 (4lr0922)
ENROLLED BILL
— Judicial Proceedings/Environment and Transportation —
Introduced by Senator Augustine
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
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; 11
requiring a landlord to provide a tenant with certain information about utility costs 12
under certain circumstances; applying certain requirements relating to payment of 13
utility services to landlords of buildings that contain more than a certain number of 14 2 SENATE BILL 171
units; and generally relating to landlords, tenants, and the Office of Home Energy 1
Programs required provisions in written leases. 2
BY adding to repealing and reenacting, with amendments, 3
Article – Real Property 4
Section 8–220 8–205.1 5
Annotated Code of Maryland 6
(2023 Replacement Volume) 7
BY adding to 8
Article – Real Property 9
Section 8–205.2 10
Annotated Code of Maryland 11
(2023 Replacement Volume) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Real Property 15
8–205.1. 16
(a) In this section, “utility service provider” means a public service company or a 17
unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC 18
utility services. 19
(b) [(1) This section applies only to a landlord of a building that contains one or 20
two SIX OR MORE residential dwelling units. 21
(2)] This section does not apply to a landlord [that]: 22
(1) (I) THAT A landlord that requires a tenant, under an oral or written 23
lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service 24
provider; OR 25
(2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO 26
UTILITY BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE . 27
(c) A landlord that requires a tenant to make payments for water [or], sewer, 28
GAS, OR ELECTRIC utility services to the landlord shall: 29
(1) Use a written lease that provides notice that the tenant is responsible 30
for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the 31
landlord; and 32
SENATE BILL 171 3
(2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill 1
to the tenant; OR 2
(II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH 3
TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN 4
WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN THE 5
IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY 6
SERVICES, DISAGGREGATED BY UTI LITY TYPE. 7
8–205.2. 8
(A) IN THIS SECTION , “UTILITY SERVICE PROV IDER” HAS THE SAME 9
MEANING STATED IN § 8–205.1 OF THIS SUBTITLE. 10
(B) (1) THIS SECTION APPLIES ONLY TO A LANDLORD O F A BUILDING 11
THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS . 12
(2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES 13
A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR 14
ELECTRIC BILLS DIRECTLY TO THE UTILITY SERVICE PROVIDER. 15
(C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR 16
WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL: 17
(1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT 18
IS RESPONSIBLE FOR MAKING PAYM ENTS FOR WATER , SEWER, GAS, OR ELECTRIC 19
UTILITY SERVICES TO THE LANDLORD ; AND 20
(2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC 21
UTILITY BILL TO THE TENANT. 22
8–220. 23
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
INDICATED. 25
(2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN 26
THE DEPARTMENT OF HUMAN SERVICES. 27
(3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER, 28
OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS 29
REGULATED B Y THE PUBLIC SERVICE COMMISSION. 30
4 SENATE BILL 171
(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 TEN ANT, 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 SE CTION BY A LANDLORD , 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 DEPARTMEN T SHALL PAY ANY PENA LTY COLLECTED UNDER 21
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24