WES MOORE, Governor Ch. 226
– 1 –
Chapter 226
(Senate Bill 171)
AN ACT concerning
Landlord and Tenant – Office of Home Energy Programs Notice of Utility Bills
in Residential Leases – Financial Assistance Gas and Electric Services
FOR the purpose of requiring a landlord to accept financial assistance from the Office of
Home Energy Programs in the Department of Human Services for the cost of utility
services that a tenant is required to pay; requiring a landlord, under certain
circumstances, to provide a tenant with utility service documentation that is
necessary for the Office to determine the eligibility of the tenant for financial
assistance adding gas and electric utility services to the types of utility services for
which certain landlords are required to provide a certain notice in a written lease
and a copy of a certain receipt or bill summary under certain circumstances;
requiring a landlord to provide a tenant with certain information about utility costs
under certain circumstances; applying certain requirements relating to payment of
utility services to landlords of buildings that contain more than a certain number of
units; and generally relating to landlords, tenants, and the Office of Home Energy
Programs required provisions in written leases.
BY adding to repealing and reenacting, with amendments,
Article – Real Property
Section 8–220 8–205.1
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Real Property
Section 8–205.2
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Real Property
8–205.1.
(a) In this section, “utility service provider” means a public service company or a
unit of State or local government that provides water [or], sewer, GAS, OR ELECTRIC
utility services.
Ch. 226 2024 LAWS OF MARYLAND
– 2 –
(b) [(1) This section applies only to a landlord of a building that contains one or
two SIX OR MORE residential dwelling units.
(2)] This section does not apply to a landlord [that]:
(1) (I) THAT A landlord that requires a tenant, under an oral or written
lease, to pay water [or], sewer, GAS, OR ELECTRIC bills directly to the utility service
provider; OR
(2) (II) FOR ANY A UTILITY THAT IS ALLO CATED USING A RATIO
UTILITY BILLING SYSTEM , AS DEFINED IN § 8–212.4 OF THIS SUBTITLE .
(c) A landlord that requires a tenant to make payments for water [or], sewer,
GAS, OR ELECTRIC utility services to the landlord shall:
(1) Use a written lease that provides notice that the tenant is responsible
for making payments for water [or], sewer, GAS, OR ELECTRIC utility services to the
landlord; and
(2) (I) Provide a copy of the water [or], sewer, GAS, OR ELECTRIC bill
to the tenant; OR
(II) BEFORE THE BEGINNING OF THE INITIAL LEASE AND EACH
TERM THEREAFTER FOR THE DURATION OF THE TENANCY, NOTIFY THE TENANT IN
WRITING OF THE TOTAL UTILITY COSTS BILLED TO THE LANDLORD IN THE
IMMEDIATELY PRECEDIN G YEAR FOR WATER , SEWER, GAS, OR ELECTRIC UTILITY
SERVICES, DISAGGREGATED BY UTI LITY TYPE.
8–205.2.
(A) IN THIS SECTION , “UTILITY SERVICE PROV IDER” HAS THE SAME
MEANING STATED IN § 8–205.1 OF THIS SUBTITLE.
(B) (1) THIS SECTION APPLIES ONLY TO A LANDLORD O F A BUILDING
THAT CONTAINS FIVE O R FEWER RESIDENTIAL DWELLING UNITS .
(2) THIS SECTION DOES NOT APPLY TO A LANDLORD THAT REQUIRES
A TENANT, UNDER AN ORAL OR WRI TTEN LEASE, TO PAY WATER , SEWER, GAS, OR
ELECTRIC BILLS DIRECTLY TO THE UTILITY SERVICE PROV IDER.
(C) A LANDLORD THAT REQUIR ES A TENANT TO MAKE PAYMENTS FOR
WATER, SEWER, GAS, OR ELECTRIC UTILITY SERVICES TO THE LAND LORD SHALL:
WES MOORE, Governor Ch. 226
– 3 –
(1) USE A WRITTEN LEASE T HAT PROVIDES NOTICE THAT THE TENANT
IS RESPONSIBL E FOR MAKING PAYMENT S FOR WATER, SEWER, GAS, OR ELECTRIC
UTILITY SERVICES TO THE LANDLORD ; AND
(2) PROVIDE A COPY OF THE WATER, SEWER, GAS, OR ELECTRIC
UTILITY BILL TO THE TENANT.
8–220.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “OFFICE” MEANS THE OFFICE OF HOME ENERGY PROGRAMS IN
THE DEPARTMENT OF HUMAN SERVICES.
(3) “UTILITY SERVICE” MEANS FUEL, GAS, ELECTRIC, HEAT, WATER,
OR A SIMILAR SERVICE PROVIDED BY A PUBLIC SERVICE COMPANY THAT IS
REGULATED BY THE PUBLIC SERVICE COMMISSION.
(B) A LANDLORD SHALL ACCEP T FINANCIAL ASSISTAN CE FROM THE
OFFICE FOR THE COST O F UTILITY SERVICES T HAT A TENANT IS REQU IRED TO PAY.
(C) (1) SUBJECT TO THE CONFID ENTIALITY REQUIREMEN TS OF STATE
AND FEDERAL LAW , AND UPON THE RE QUEST OF A TENANT , A LANDLORD SHALL
PROVIDE A TENANT WIT H UTILITY SERVICE DO CUMENTATION THAT IS :
(I) ACCESSIBLE TO THE LAN DLORD, BUT OTHERWISE
INACCESSIBLE TO THE TENANT; AND
(II) NECESSARY FOR THE OFFICE TO DETERMINE T HE
ELIGIBILITY OF THE T ENANT FOR FINANCIAL ASSIST ANCE.
(2) UTILITY SERVICE DOCUM ENTATION UNDER PARAG RAPH (1) OF
THIS SUBSECTION SHAL L:
(I) BE PROVIDED AT NO COS T TO THE TENANT ; AND
(II) INCLUDE BILLS AND OTH ER STATEMENTS RELATE D TO
UTILITY SERVICES .
(D) (1) FOR EACH VIOLA TION OF THIS SECTION BY A LANDLORD , THE
DEPARTMENT OF HUMAN SERVICES MAY IMPOSE :
Ch. 226 2024 LAWS OF MARYLAND
– 4 –
(I) FOR A FIRST OFFENSE , AN ADMINISTRATIVE PE NALTY OF
$500; OR
(II) FOR A SECOND OR SUBSE QUENT OFFENSE , AN
ADMINISTRATIVE PENAL TY OF $1,000.
(2) THE DEPARTMENT SHALL PAY ANY PENALT Y COLLECTED UNDER
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.