MD
Maryland Senate Bill SB171

Maryland 2024 Regular Session

Maryland Senate Bill SB171 Compare Versions

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1- WES MOORE, Governor Ch. 226
21
3-– 1 –
4-Chapter 226
5-(Senate Bill 171)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0171*
810
9-Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills
10-in Residential Leases – Financial Assistance Gas and Electric Services
11+SENATE BILL 171
12+N1, O1 (4lr0922)
13+ENROLLED BILL
14+— Judicial Proceedings/Environment and Transportation —
15+Introduced by Senator Augustine
1116
12-FOR the purpose of requiring a landlord to accept financial assistance from the Office of
13-Home Energy Programs in the Department of Human Services for the cost of utility
14-services that a tenant is required to pay; requiring a landlord, under certain
15-circumstances, to provide a tenant with utility service documentation that is
16-necessary for the Office to determine the eligibility of the tenant for financial
17-assistance adding gas and electric utility services to the types of utility services for
18-which certain landlords are required to provide a certain notice in a written lease
19-and a copy of a certain receipt or bill summary under certain circumstances;
20-requiring a landlord to provide a tenant with certain information about utility costs
21-under certain circumstances; applying certain requirements relating to payment of
22-utility services to landlords of buildings that contain more than a certain number of
23-units; and generally relating to landlords, tenants, and the Office of Home Energy
24-Programs required provisions in written leases.
17+Read and Examined by Proofreaders:
2518
26-BY adding to repealing and reenacting, with amendments,
27- Article – Real Property
28-Section 8–220 8–205.1
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3123
32-BY adding to
33- Article – Real Property
34- Section 8–205.2
35- Annotated Code of Maryland
36- (2023 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3725
38- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
39-That the Laws of Maryland read as follows:
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
4027
41-Article – Real Property
28+______________________________________________
29+President.
4230
43-8–205.1.
31+CHAPTER ______
4432
45- (a) In this section, “utility service provider” means a public service company or a
46-unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC
47-utility services.
48- Ch. 226 2024 LAWS OF MARYLAND
33+AN ACT concerning 1
4934
50-– 2 –
51- (b) [(1) This section applies only to a landlord of a building that contains one or
52-two SIX OR MORE residential dwelling units.
35+Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills 2
36+in Residential Leases – Financial Assistance Gas and Electric Services 3
5337
54- (2)] This section does not apply to a landlord [that]:
38+FOR the purpose of requiring a landlord to accept financial assistance from the Office of 4
39+Home Energy Programs in the Department of Human Services for the cost of utility 5
40+services that a tenant is required to pay; requiring a landlord, under certain 6
41+circumstances, to provide a tenant with utility service documentation that is 7
42+necessary for the Office to determine the eligibility of the tenant for financial 8
43+assistance adding gas and electric utility services to the types of utility services for 9
44+which certain landlords are required to provide a certain notice in a written lease 10
45+and a copy of a certain receipt or bill summary under certain circumstances; 11
46+requiring a landlord to provide a tenant with certain information about utility costs 12
47+under certain circumstances; applying certain requirements relating to payment of 13
48+utility services to landlords of buildings that contain more than a certain number of 14 2 SENATE BILL 171
5549
56- (1) (I) THAT A landlord that requires a tenant, under an oral or written
57-lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service
58-provider; OR
5950
60- (2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO
61-UTILITY BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE .
51+units; and generally relating to landlords, tenants, and the Office of Home Energy 1
52+Programs required provisions in written leases. 2
6253
63- (c) A landlord that requires a tenant to make payments for water [or], sewer,
64-GAS, OR ELECTRIC utility services to the landlord shall:
54+BY adding to repealing and reenacting, with amendments, 3
55+ Article – Real Property 4
56+Section 8–220 8–205.1 5
57+ Annotated Code of Maryland 6
58+ (2023 Replacement Volume) 7
6559
66- (1) Use a written lease that provides notice that the tenant is responsible
67-for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the
68-landlord; and
60+BY adding to 8
61+ Article – Real Property 9
62+ Section 8–205.2 10
63+ Annotated Code of Maryland 11
64+ (2023 Replacement Volume) 12
6965
70- (2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill
71-to the tenant; OR
66+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67+That the Laws of Maryland read as follows: 14
7268
73- (II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH
74-TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN
75-WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN THE
76-IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY
77-SERVICES, DISAGGREGATED BY UTI LITY TYPE.
69+Article – Real Property 15
7870
79-8–205.2.
71+8–205.1. 16
8072
81- (A) IN THIS SECTION , “UTILITY SERVICE PROV IDER” HAS THE SAME
82-MEANING STATED IN § 8–205.1 OF THIS SUBTITLE.
73+ (a) In this section, “utility service provider” means a public service company or a 17
74+unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC 18
75+utility services. 19
8376
84- (B) (1) THIS SECTION APPLIES ONLY TO A LANDLORD O F A BUILDING
85-THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS .
77+ (b) [(1) This section applies only to a landlord of a building that contains one or 20
78+two SIX OR MORE residential dwelling units. 21
8679
87- (2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES
88-A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR
89-ELECTRIC BILLS DIRECTLY TO THE UTILITY SERVICE PROV IDER.
80+ (2)] This section does not apply to a landlord [that]: 22
9081
91- (C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR
92-WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL:
93- WES MOORE, Governor Ch. 226
82+ (1) (I) THAT A landlord that requires a tenant, under an oral or written 23
83+lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service 24
84+provider; OR 25
9485
95-– 3 –
96- (1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT
97-IS RESPONSIBL E FOR MAKING PAYMENT S FOR WATER, SEWER, GAS, OR ELECTRIC
98-UTILITY SERVICES TO THE LANDLORD ; AND
86+ (2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO 26
87+UTILITY BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE . 27
9988
100- (2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC
101-UTILITY BILL TO THE TENANT.
89+ (c) A landlord that requires a tenant to make payments for water [or], sewer, 28
90+GAS, OR ELECTRIC utility services to the landlord shall: 29
10291
103-8–220.
92+ (1) Use a written lease that provides notice that the tenant is responsible 30
93+for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the 31
94+landlord; and 32
95+ SENATE BILL 171 3
10496
105- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
106-INDICATED.
10797
108- (2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN
109-THE DEPARTMENT OF HUMAN SERVICES.
98+ (2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill 1
99+to the tenant; OR 2
110100
111- (3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER,
112-OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS
113-REGULATED BY THE PUBLIC SERVICE COMMISSION.
101+ (II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH 3
102+TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN 4
103+WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN THE 5
104+IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY 6
105+SERVICES, DISAGGREGATED BY UTI LITY TYPE. 7
114106
115- (B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE
116-OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY.
107+8–205.2. 8
117108
118- (C) (1) SUBJECT TO THE CONFID ENTIALITY REQUIREMEN TS OF STATE
119-AND FEDERAL LAW , AND UPON THE RE QUEST OF A TENANT , A LANDLORD SHALL
120-PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS :
109+ (A) IN THIS SECTION , “UTILITY SERVICE PROV IDER” HAS THE SAME 9
110+MEANING STATED IN § 8–205.1 OF THIS SUBTITLE. 10
121111
122- (I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE
123-INACCESSIBLE TO THE TENANT; AND
112+ (B) (1) THIS SECTION APPLIES ONLY TO A LANDLORD O F A BUILDING 11
113+THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS . 12
124114
125- (II) NECESSARY FOR THE OFFICE TO DETERMINE T HE
126-ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSIST ANCE.
115+ (2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES 13
116+A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR 14
117+ELECTRIC BILLS DIRECTLY TO THE UTILITY SERVICE PROVIDER. 15
127118
128- (2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF
129-THIS SUBSECTION SHAL L:
119+ (C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR 16
120+WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL: 17
130121
131- (I) BE PROVIDED AT NO COS T TO THE TENANT ; AND
122+ (1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT 18
123+IS RESPONSIBLE FOR MAKING PAYM ENTS FOR WATER , SEWER, GAS, OR ELECTRIC 19
124+UTILITY SERVICES TO THE LANDLORD ; AND 20
132125
133- (II) INCLUDE BILLS AND OTH ER STATEMENTS RELATE D TO
134-UTILITY SERVICES .
126+ (2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC 21
127+UTILITY BILL TO THE TENANT. 22
135128
136- (D) (1) FOR EACH VIOLA TION OF THIS SECTION BY A LANDLORD , THE
137-DEPARTMENT OF HUMAN SERVICES MAY IMPOSE :
138- Ch. 226 2024 LAWS OF MARYLAND
129+8–220. 23
139130
140-– 4 –
141- (I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF
142-$500; OR
131+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
132+INDICATED. 25
143133
144- (II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN
145-ADMINISTRATIVE PENAL TY OF $1,000.
134+ (2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN 26
135+THE DEPARTMENT OF HUMAN SERVICES. 27
146136
147- (2) THE DEPARTMENT SHALL PAY ANY PENALT Y COLLECTED UNDER
148-THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE.
137+ (3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER, 28
138+OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS 29
139+REGULATED B Y THE PUBLIC SERVICE COMMISSION. 30
140+ 4 SENATE BILL 171
149141
150- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
151-October 1, 2024.
152142
153-Approved by the Governor, April 25, 2024.
143+ (B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE 1
144+OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY. 2
145+
146+ (C) (1) SUBJECT TO THE CONFID ENTIALITY REQUIREMEN TS OF STATE 3
147+AND FEDERAL LAW , AND UPON THE REQUEST OF A TEN ANT, A LANDLORD SHALL 4
148+PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS : 5
149+
150+ (I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE 6
151+INACCESSIBLE TO THE TENANT; AND 7
152+
153+ (II) NECESSARY FOR THE OFFICE TO DETERMINE T HE 8
154+ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSISTANCE. 9
155+
156+ (2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF 10
157+THIS SUBSECTION SHAL L: 11
158+
159+ (I) BE PROVIDED AT NO COS T TO THE TENANT ; AND 12
160+
161+ (II) INCLUDE BILLS AND OTH ER STATEMENTS RELATE D TO 13
162+UTILITY SERVICES . 14
163+
164+ (D) (1) FOR EACH VIOLATION OF THIS SE CTION BY A LANDLORD , THE 15
165+DEPARTMENT OF HUMAN SERVICES MAY IMPOSE : 16
166+
167+ (I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF 17
168+$500; OR 18
169+
170+ (II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN 19
171+ADMINISTRATIVE PENAL TY OF $1,000. 20
172+
173+ (2) THE DEPARTMEN T SHALL PAY ANY PENA LTY COLLECTED UNDER 21
174+THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 22
175+
176+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
177+October 1, 2024. 24
178+
179+
180+
181+
182+