Maryland 2024 Regular Session

Maryland Senate Bill SB946 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0946
6	6
7	7	SENATE BILL 946
8	8	N1 4lr1965
9	9	CF 4lr1054
10	10	By: Senator Kelly
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Landlord and Tenant – Failure to Repair Serious and Dangerous Defects – 2
19	19	Tenant Remedies 3
20	20	(Tenant Safety Act of 2024) 4
21	21
22	22	FOR the purpose of establishing that a landlord that offers a dwelling for rent is deemed to 5
23	23	warrant the dwelling fit for human habitation; clarifying that certain mold hazards 6
24	24	constitute dangerous conditions and defects for which a tenant may obtain relief; 7
25	25	authorizing multiple tenants to join as plaintiffs in the same civil action against a 8
26	26	landlord; establishing that, prior to a certain court order, there is a rebuttable 9
27	27	presumption that a tenant is entitled to have a court adjudicate a request for rent 10
28	28	abatement; establishing a rebuttable presumption related to the abatement of 11
29	29	prospective rent and the requirements for rent escrow; establishing a rebuttable 12
30	30	presumption that limits rent escrow payments to rent that is due and unpaid 13
31	31	subsequent to a court order; authorizing the award of attorney’s fees, costs, and 14
32	32	expenses related to litigation and a tenant who prevails in certain actions; 15
33	33	establishing that certain local laws preempt certain provisions of this Act; 16
34	34	authorizing certain remedies for a tenant if a landlord breaches the warranty of 17
35	35	habitability; providing that a landlord may raise certain defenses in a civil action 18
36	36	related to the breach of the warranty of habitability; providing that a court may order 19
37	37	certain relief in civil actions related to the breach of the warranty of habitability, 20
38	38	including actual damages, abatement of rent due and unpaid, and the termination 21
39	39	of a lease; and generally relating to remedies for a landlord’s failure to repair serious 22
40	40	and dangerous defects. 23
41	41
42	42	BY repealing and reenacting, with amendments, 24
43	43	Article – Real Property 25
44	44	Section 8–211 26
45	45	Annotated Code of Maryland 27
46	46	(2023 Replacement Volume) 28
47	47
48	48	BY adding to 29 2 SENATE BILL 946
49	49
50	50
51	51	Article – Real Property 1
52	52	Section 8–212 2
53	53	Annotated Code of Maryland 3
54	54	(2023 Replacement Volume) 4
55	55
56	56	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57	57	That the Laws of Maryland read as follows: 6
58	58
59	59	Article – Real Property 7
60	60
61	61	8–211. 8
62	62
63	63	(a) (1) The purpose of this section is to provide tenants with a mechanism for 9
64	64	encouraging the repair of serious and dangerous defects which exist within or as part of 10
65	65	any residential dwelling unit, or [upon the] ON property used in common of which the 11
66	66	dwelling unit forms a part. 12
67	67
68	68	(2) The defects sought to be reached by this section are those which present 13
69	69	a substantial and serious threat of danger to the life, health, and safety of the occupants of 14
70	70	the dwelling unit, and not those which merely impair the aesthetic value of the premises, 15
71	71	or which are, in those locations governed by such codes, housing code violations of a 16
72	72	nondangerous nature. 17
73	73
74	74	(3) The intent of this section is not to provide a remedy for dangerous 18
75	75	conditions in the community at large which exists apart from the leased premises or the 19
76	76	property in common of which the leased premises forms a part. 20
77	77
78	78	(b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be 21
79	79	imposed [upon those who allow] ON A LANDLORD THAT A LLOWS dangerous conditions 22
80	80	and defects to exist in leased premises, and that an effective mechanism be established for 23
81	81	repairing these conditions and halting their creation. 24
82	82
83	83	(c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 25
84	84	SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose 26
85	85	of human habitation within the State [of Maryland. This section does not apply to farm 27
86	86	tenancies. 28
87	87
88	88	(d) This section applies to all applicable dwelling units] whether they are [(1) 29
89	89	publicly]: 30
90	90
91	91	(I) PUBLICLY or privately owned; or [(2) single] 31
92	92
93	93	(II) SINGLE or multiple units. 32
94	94
95	95	(2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES. 33
96	96	SENATE BILL 946 3
97	97
98	98
99	99	[(e)] (D) [This section provides a remedy and imposes an obligation upon 1
100	100	landlords] A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT , 2
101	101	WHETHER BY WRITTEN O R ORAL LEASE OR AGRE EMENT, SHALL BE DEEMED TO 3
102	102	WARRANT THAT THE RES IDENTIAL DWELLING UN IT IS FIT FOR HUMAN HABITATION 4
103	103	AND THAT THE LANDLORD IS OBLI GATED to repair and eliminate conditions and defects 5
104	104	which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and 6
105	105	substantial threat to the life, health, or safety of occupants, including[, but not limited to]: 7
106	106
107	107	(1) Lack of heat, light, electricity, or hot or cold running water, except 8
108	108	where the tenant is responsible for the payment of the utilities and the lack thereof is the 9
109	109	direct result of the tenant’s failure to pay the charges; 10
110	110
111	111	(2) Lack of adequate sewage disposal facilities; 11
112	112
113	113	(3) Infestation of rodents in two or more dwelling units; 12
114	114
115	115	(4) The existence of any structural defect which presents a serious and 13
116	116	substantial threat to the physical safety of the occupants; [or] 14
117	117
118	118	(5) The existence of any condition which presents a health or fire hazard to 15
119	119	the dwelling unit; OR 16
120	120
121	121	(6) THE EXISTENCE OF MOLD IN A DWELLING UNIT T HAT PRESENTS A 17
122	122	SERIOUS AND SUBSTANT IAL THREAT TO THE HE ALTH OF THE OCCUPANT S. 18
123	123
124	124	[(f)] (E) (1) This section does not [provide a remedy for the] APPLY TO A 19
125	125	landlord’s failure to repair and eliminate minor defects or, in those locations governed by 20
126	126	such codes, housing code violations of a nondangerous nature. 21
127	127
128	128	(2) There is a rebuttable presumption that the following conditions, when 22
129	129	they do not present a serious and substantial threat to the life, health, and safety of the 23
130	130	occupants, are not covered by this section: 24
131	131
132	132	[(1)] (I) Any defect which merely reduces the aesthetic value of the leased 25
133	133	premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative 26
134	134	amenities; 27
135	135
136	136	[(2)] (II) Small cracks in the walls, floors, or ceilings; 28
137	137
138	138	[(3)] (III) The absence of linoleum or tile [upon] ON the floors, provided 29
139	139	that they are otherwise safe and structurally sound; or 30
140	140
141	141	[(4)] (IV) The absence of air conditioning. 31
142	142	4 SENATE BILL 946
143	143
144	144
145	145	[(g)] (F) (1) In order to employ the remedies provided by this section, the 1
146	146	tenant shall notify the landlord of the existence of the defects or conditions. 2
147	147
148	148	(2) Notice shall be given by [(1) a]: 3
149	149
150	150	(I) A written communication sent by certified mail listing the 4
151	151	asserted conditions or defects[, or (2) actual]; 5
152	152
153	153	(II) ACTUAL notice of the defects or conditions[,]; or [(3) a] 6
154	154
155	155	(III) A written violation, condemnation or other notice from an 7
156	156	appropriate State, county, municipal, or local government agency stating the asserted 8
157	157	conditions or defects. 9
158	158
159	159	[(h)] (G) (1) The landlord has a reasonable time after receipt of notice in 10
160	160	which to make the repairs or correct the conditions. 11
161	161
162	162	(2) The length of time deemed to be reasonable is a question of fact for the 12
163	163	court, taking into account the severity of the defects or conditions and the danger which 13
164	164	they present to the occupants. 14
165	165
166	166	(3) There is a rebuttable presumption that a period in excess of 30 days 15
167	167	from receipt of notice is unreasonable. 16
168	168
169	169	[(i)] (H) (1) If the landlord refuses to make the repairs or correct the 17
170	170	conditions, or if after a reasonable time the landlord has failed to do so, the tenant may 18
171	171	[bring] TAKE ONE OR BOTH OF THE FOLLOWING ACTION S: 19
172	172
173	173	(I) BRING an action of rent escrow to pay rent into court because of 20
174	174	the asserted defects or conditions[, or the tenant may refuse]; AND 21
175	175
176	176	(II) REFUSE to pay rent and raise the existence of the asserted 22
177	177	defects or conditions as an affirmative defense, IN ADDITION TO ANY O THER DEFENSE , 23
178	178	to an action for distress for rent or to any complaint proceeding brought by the landlord to 24
179	179	recover rent or the possession of the leased premises. 25
180	180
181	181	(2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 26
182	182	UNDER THIS SECTION I N ACCORDANCE WITH TH E MARYLAND RULES ON JOINDER . 27
183	183
184	184	(I) THERE IS A REBUTTABLE PRESUMPTION THAT : 28
185	185
186	186	(1) A TENANT IS ENTITLED T O THE ADJUDICATION O F A REQUEST FOR 29
187	187	RENT ABATEMENT ; 30
188	188	SENATE BILL 946 5
189	189
190	190
191	191	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH AN D 1
192	192	SUBSECTION (M) OF THIS SECTION, THERE IS A REBUTTABL E PRESUMPTION THAT A 2
193	193	TENANT: 3
194	194
195	195	1. IS ENTITLED TO AN ABA TEMENT OF PROSPECTIV E 4
196	196	RENT; AND 5
197	197
198	198	2. MAY NOT BE RE QUIRED TO PAY INTO E SCROW MORE 6
199	199	THAN 50% OF THE AMOUNT OF REN T REQUIRED BY THE LE ASE. 7
200	200
201	201	(II) A DETERMINATION UNDER THIS PARAGRAPH IS WI THOUT 8
202	202	PREJUDICE TO A FINAL DISPOSITION OF RENT THAT IS DUE AND UNPA ID TO THE 9
203	203	LANDLORD. 10
204	204
205	205	(3) THERE IS A REBUTTABLE PRESUMPTION THAT A C OURT ORDER 11
206	206	REQUIRING RENT ESCRO W IS LIMITED TO THE PAYMENT OF RENT THAT IS DUE AND 12
207	207	UNPAID SUBSEQUENT TO THE COURT ORDER . 13
208	208
209	209	(4) A PARTY MAY REQUEST TH AT THE COURT ADJUST THE AMOUNT 14
210	210	OF RENT THAT A TENAN T PAYS INTO COURT AT ANY TIME. 15
211	211
212	212	(j) (1) Whether the issue of rent escrow is raised affirmatively or defensively, 16
213	213	the tenant may request one or more of the forms of relief set forth in this section. 17
214	214
215	215	(2) In addition to any other relief sought, if within 90 days after the court 18
216	216	finds that the conditions complained of by the tenant exist AND the landlord has not made 19
217	217	the repairs or corrected the conditions complained of, the tenant may file a petition of 20
218	218	injunction in the District Court requesting the court to order the landlord to make the 21
219	219	repairs or correct the conditions. 22
220	220
221	221	(k) Relief under this section is conditioned on: 23
222	222
223	223	(1) Giving proper notice, and where appropriate, the opportunity to correct, 24
224	224	as described [by] IN subsection [(h)] (G) of this section; 25
225	225
226	226	(2) Payment by the tenant[, into court,] of the amount of rent required by 26
227	227	the lease INTO THE COURT , unless this amount is modified by the court as provided in 27
228	228	subsection (I) OR (m) of this section; 28
229	229
230	230	(3) In the case of tenancies measured by a period of [one] 1 month or more, 29
231	231	the court having not entered against the tenant three prior judgments of possession for rent 30
232	232	due and unpaid in the 12–month period immediately prior to the initiation of the action by 31
233	233	the tenant or by the landlord; and 32
234	234	6 SENATE BILL 946
235	235
236	236
237	237	(4) In the case of periodic tenancies measured by the weekly payment of 1
238	238	rent, the court having not entered against the tenant more than five judgments of 2
239	239	possession for rent due and unpaid in the 12–month period immediately prior to the 3
240	240	initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the 4
241	241	premises [six] 6 months or less, the court having not entered against the tenant three 5
242	242	judgments of possession for rent due and unpaid. 6
243	243
244	244	(l) It is a sufficient defense to the allegations of the tenant that the tenant, the 7
245	245	tenant’s family, agent, employees, or assignees or social guests have caused the asserted 8
246	246	defects or conditions, or that the landlord or the landlord’s agents were denied reasonable 9
247	247	and appropriate entry for the purpose of correcting or repairing the asserted conditions or 10
248	248	defects. 11
249	249
250	250	(m) The court shall make appropriate findings of fact and make any order that the 12
251	251	justice of the case may require, including any one or a combination of the following: 13
252	252
253	253	(1) Order the termination of the lease and return of the leased premises to 14
254	254	the landlord, subject to the tenant’s right of redemption; 15
255	255
256	256	(2) Order that the action for rent escrow be dismissed; 16
257	257
258	258	(3) Order that the amount of rent required by the lease, whether paid into 17
259	259	court or to the landlord, be abated and reduced in an amount determined by the court to be 18
260	260	fair and equitable to represent the existence of the conditions or defects found by the court 19
261	261	to exist; or 20
262	262
263	263	(4) Order the landlord to make the repairs or correct the conditions 21
264	264	complained of by the tenant and found by the court to exist. 22
265	265
266	266	(n) (1) After rent escrow has been established, the court: 23
267	267
268	268	[(1)] (I) Shall, after a hearing, if so ordered by the court or one is 24
269	269	requested by the landlord, order that the money in the escrow account be disbursed to the 25
270	270	landlord after the necessary repairs have been made; 26
271	271
272	272	[(2)] (II) May, after an appropriate hearing, order that some or all money 27
273	273	in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the 28
274	274	tenant’s agent, or any other appropriate person or agency for the purpose of making the 29
275	275	necessary repairs of the dangerous conditions or defects; 30
276	276
277	277	[(3)] (III) May, after a hearing if one is requested by the landlord, appoint 31
278	278	a special administrator who shall cause the repairs to be made, and who shall apply to the 32
279	279	court to pay for them out of the money in the escrow account; 33
280	280	SENATE BILL 946 7
281	281
282	282
283	283	[(4)] (IV) May, after an appropriate hearing, order that some or all money 1
284	284	in the escrow account be disbursed to pay any mortgage or deed of trust on the property in 2
285	285	order to stay a foreclosure; 3
286	286
287	287	[(5)] (V) May, after a hearing, if one is requested by the tenant, order, if 4
288	288	no repairs are made or if no good faith effort to repair is made within [six] 6 months of the 5
289	289	initial decision to place money in the escrow account, that the money in the escrow account 6
290	290	be disbursed to the tenant THAT HAVE PAID INTO ESCROW[. Such an order will not 7
291	291	discharge the right on the part of the tenant to pay rent into court and an appeal will stay 8
292	292	the forfeiture]; or 9
293	293
294	294	[(6)] (VI) May, after an appropriate hearing, order that the money in the 10
295	295	escrow account be disbursed to the landlord if the tenant does not regularly pay, into that 11
296	296	account, the rent owed. 12
297	297
298	298	(2) AN ORDER ISSUED UNDER PARAGRAPH (1)(V) OF THIS 13
299	299	SUBSECTION: 14
300	300
301	301	(I) DOES NOT AFFECT THE RIGHT OF A TENANT TO PAY R ENT 15
302	302	INTO COURT; AND 16
303	303
304	304	(II) MAY BE STAYED ON APPE AL BY THE LANDLORD . 17
305	305
306	306	(O) IF A COURT ORDERS ANY RELIEF TO A TENANT U NDER THIS SECTION , 18
307	307	THE TENANT MAY RECOV ER: 19
308	308
309	309	(1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 20
310	310
311	311	(2) REASONABLE EXPENSES R ELATED TO LITIGATION , SUCH AS 21
312	312	EXPENSES FOR A MOLD ASSESSMENT AT THE RE SIDENCE OF THE TENAN T. 22
313	313
314	314	[(o)] (P) Except as provided in § 8–211.1(e) of this subtitle, [in the event any 23
315	315	county or Baltimore City is subject to a public local law or has enacted an ordinance or 24
316	316	ordinances comparable in subject matter to this section, commonly referred to as a “Rent 25
317	317	Escrow Law”, any such ordinance or ordinances shall supersede the provisions of this 26
318	318	section] THIS SECTION SHALL SUPERS EDE ANY LOCAL LAW OR ORDINANCE 27
319	319	COMPARABLE IN SUBJEC T MATTER TO THIS SEC TION EXCEPT TO THE EXTENT THAT 28
320	320	THE LOCAL LAW OR ORD INANCE PROVIDES BROA DER APPLICABILITY OR MORE 29
321	321	PROTECTIONS FOR TENA NTS THAN THIS SECTIO N. 30
322	322
323	323	8–212. 31
324	324
325	325	(A) IN THIS SECTION , “WARRANTY OF HABITABI LITY” MEANS THE 32
326	326	WARRANTY BY A LANDLO RD DESCRIBED UNDER § 8–211 OF THIS SUBTITLE. 33 8 SENATE BILL 946
327	327
328	328
329	329
330	330	(B) THIS SECTION APPLIES TO LANDLORDS , TENANTS, AND RESIDENTIAL 1
331	331	DWELLING UNITS THAT ARE SUBJECT TO § 8–211 OF THIS SUBTITLE . 2
332	332
333	333	(C) RELIEF FOR BREACH OF THE WARRANTY OF HABITABILITY UNDER T HIS 3
334	334	SECTION MAY NOT BE C ONDITIONED ON PAYMEN T BY THE TENANT OF R ENT INTO 4
335	335	ESCROW WITH THE COUR T. 5
336	336
337	337	(D) (1) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS 6
338	338	SECTION, A TENANT SHALL NOTIF Y THE LANDLORD OF TH E EXISTENCE OF THE 7
339	339	DEFECTS OR CO NDITIONS IN ACCORDAN CE WITH § 8–211 OF THIS SUBTITLE. 8
340	340
341	341	(2) WITHIN A REASONABLE P ERIOD OF TIME AFTER RECEIPT OF 9
342	342	NOTICE UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE LANDLORD SHALL M AKE 10
343	343	THE REPAIRS OR CORRE CT THE CONDITIONS IN ACCORDANCE WITH § 8–211(G) OF 11
344	344	THIS SUBTITLE. 12
345	345
346	346	(E) (1) IF A LANDLORD BREACHE S THE WARRANTY OF HA BITABILITY 13
347	347	UNDER § 8–211 OF THIS SUBTITLE AND REFUSES TO MAKE THE REPAIRS OR 14
348	348	CORRECT THE CONDITIO NS, OR IF AFTER A REASON ABLE TIME THE LANDLO RD HAS 15
349	349	FAILED TO DO SO, THE TENANT MAY : 16
350	350
351	351	(I) BRING AN ACTION FOR DA MAGES AND THE ABATEM ENT OF 17
352	352	RENT AGAINST THE LAN DLORD; AND 18
353	353
354	354	(II) REFUSE TO PAY RENT AN D RAISE THE EXISTENC E OF THE 19
355	355	ASSERTED DEFECTS OR CONDITIONS AS AN AFF IRMATIVE DEFENSE TO AN ACTION 20
356	356	OF DISTRESS FOR RENT OR TO ANY OTHER ACTI ON BROUG HT BY THE LANDLORD T O 21
357	357	RECOVER RENT OR THE POSSESSION OF THE LE ASED PREMISES . 22
358	358
359	359	(2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 23
360	360	UNDER THIS SUBSECTIO N IN ACCORDANCE WITH THE MARYLAND RULES ON 24
361	361	JOINDER. 25
362	362
363	363	(3) THE REMEDIES UNDER TH IS SUBSECTION ARE I N ADDITION TO 26
364	364	ANY OTHER REMEDIES P ROVIDED BY LAW . 27
365	365
366	366	(F) IT IS A DEFENSE TO A CLAIM UNDER THIS SEC TION THAT: 28
367	367
368	368	(1) THE TENANT , THE TENANT ’S FAMILY, AGENT, EMPLOYEES, 29
369	369	ASSIGNEES, OR SOCIAL GUESTS CAU SED THE ASSERTED DEF ECTS OR CONDITIONS ; 30
370	370	OR 31
371	371	SENATE BILL 946 9
372	372
373	373
374	374	(2) THE LANDLORD OR THE LANDLOR D’S AGENTS WERE DENIED 1
375	375	REASONABLE AND APPRO PRIATE ENTRY FOR THE PURPOSE OF CORRECTIN G OR 2
376	376	REPAIRING THE ASSERT ED CONDITIONS OR DEF ECTS. 3
377	377
378	378	(G) THE COURT SHALL MAKE APPROPRIATE FINDINGS OF FACT AND ISSUE 4
379	379	ANY ORDER THAT THE J USTICE OF THE CASE MAY REQUIRE , INCLUDING ORDERING 5
380	380	ANY OF THE FOLLOWING : 6
381	381
382	382	(1) AN AWARD OF ACTUAL DA MAGES; 7
383	383
384	384	(2) AN ABATEMENT OF RENT DUE AND UNPAID ; OR 8
385	385
386	386	(3) THE TERMINATION OF TH E LEASE, RETURN OF ANY UNUSED 9
387	387	PORTION OF A SECURIT Y DEPOSIT TO THE TEN ANT, AND RELOCATION EXPENSES 10
388	388	FOR A TENANT. 11
389	389
390	390	(H) IF A COURT ORDERS ANY RELIEF TO A TENANT U NDER THIS SECTION , 12
391	391	THE TENANT MAY RECOV ER REASONABLE : 13
392	392
393	393	(1) ATTORNEY’S FEES AND COSTS ; AND 14
394	394
395	395	(2) EXPENSES RELATED TO L ITIGATION, SUCH AS EXPENSES FOR A 15
396	396	MOLD ASSESSMENT AT THE RESIDENCE OF THE TENANT. 16
397	397
398	398	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
399	399	October 1, 2024. 18