Maryland 2025 Regular Session

Maryland House Bill HB103 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	hb0103
6	6
7	7	HOUSE BILL 103
8	8	N1, P1 5lr1494
9	9	(PRE–FILED) CF SB 154
10	10	By: Delegate Rosenberg
11	11	Requested: October 30, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Appropriations and Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Access to Counsel in Evictions – Task Force Termination and Special Fund 2
20	20
21	21	FOR the purpose of making permanent a requirement that the Comptroller distribute a 3
22	22	certain amount of certain abandoned property funds to the Access to Counsel in 4
23	23	Evictions Special Fund; making permanent a requirement that the Governor make 5
24	24	a certain appropriation from the Access to Counsel in Evictions Special Fund to the 6
25	25	Maryland Legal Services Corporation; terminating the Access to Counsel in 7
26	26	Evictions Task Force on a certain date; and generally relating to the Access to 8
27	27	Counsel in Evictions Special Fund and the Access to Counsel in Evictions Task Force. 9
28	28
29	29	BY repealing and reenacting, with amendments, 10
30	30	Article – Commercial Law 11
31	31	Section 17–317 12
32	32	Annotated Code of Maryland 13
33	33	(2013 Replacement Volume and 2024 Supplement) 14
34	34
35	35	BY repealing and reenacting, with amendments, 15
36	36	Article – Real Property 16
37	37	Section 8–901 and 8–909 17
38	38	Annotated Code of Maryland 18
39	39	(2023 Replacement Volume and 2024 Supplement) 19
40	40
41	41	BY repealing 20
42	42	Article – Real Property 21
43	43	Section 8–908 22
44	44	Annotated Code of Maryland 23
45	45	(2023 Replacement Volume and 2024 Supplement) 24
46	46
47	47	BY repealing and reenacting, with amendments, 25
48	48	Article – Commercial Law 26 2 HOUSE BILL 103
49	49
50	50
51	51	Section 17–317(a)(5) 1
52	52	Annotated Code of Maryland 2
53	53	(2013 Replacement Volume and 2024 Supplement) 3
54	54	(As enacted by Section 1 of this Act) 4
55	55
56	56	BY renumbering 5
57	57	Article – Real Property 6
58	58	Section 8–909 through 8–911 7
59	59	to be Section 8–908 through 8–910, respectively 8
60	60	Annotated Code of Maryland 9
61	61	(2023 Replacement Volume and 2024 Supplement) 10
62	62
63	63	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64	64	That the Laws of Maryland read as follows: 12
65	65
66	66	Article – Commercial Law 13
67	67
68	68	17–317. 14
69	69
70	70	(a) (1) (i) All funds received under this title, including the proceeds of the 15
71	71	sale of abandoned property under § 17–316 of this subtitle, shall be credited by the 16
72	72	Administrator to a special fund. 17
73	73
74	74	(ii) The Administrator shall retain in the special fund at the end of 18
75	75	each fiscal year, from the proceeds received, an amount not to exceed $50,000, from which 19
76	76	sum the Administrator shall pay any claim allowed under this title. 20
77	77
78	78	(2) After deducting all costs incurred in administering this title from the 21
79	79	remaining net funds the Administrator shall distribute $8,000,000 to the Maryland Legal 22
80	80	Services Corporation Fund established under § 11–402 of the Human Services Article. 23
81	81
82	82	(3) (i) Subject to subparagraph (ii) of this paragraph, the Administrator 24
83	83	shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle 25
84	84	6 of the Criminal Procedure Article to the State Victims of Crime Fund established under 26
85	85	§ 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts 27
86	86	to protect the victims’ rights as provided by law. 28
87	87
88	88	(ii) If a victim entitled to restitution that has been treated as 29
89	89	abandoned property under § 11–614 of the Criminal Procedure Article is located after the 30
90	90	money has been distributed under this paragraph, the Administrator shall reduce the next 31
91	91	distribution to the State Victims of Crime Fund by the amount recovered by the victim. 32
92	92
93	93	(4) For fiscal year 2025 and each fiscal year thereafter, after making the 33
94	94	distributions required under paragraphs (2) and (3) of this subsection, the Administrator 34
95	95	shall distribute $500,000 from the remaining net funds to the Tax Clinics for Low–Income 35
96	96	Marylanders Fund established under § 1–207 of the Tax – General Article. 36
97	97	HOUSE BILL 103 3
98	98
99	99
100	100	(5) [For each of fiscal years 2024 through 2027, after] AFTER making the 1
101	101	distributions required under paragraphs (2) through (4) of this subsection, the 2
102	102	Administrator shall distribute $14,000,000 from the remaining net funds to the Access to 3
103	103	Counsel in Evictions Special Fund under § 8–909 of the Real Property Article. 4
104	104
105	105	(6) After making the distributions required under paragraphs (2) through 5
106	106	(5) of this subsection, the Administrator shall distribute the remaining net funds not 6
107	107	retained under paragraph (1) of this subsection to the General Fund of the State. 7
108	108
109	109	(b) (1) Before making the distribution, the Administrator shall record the 8
110	110	name and last known address, if any, of the owners of funds so distributed and the type of 9
111	111	property which the funds distributed represent. 10
112	112
113	113	(2) The record shall be available for public inspection during reasonable 11
114	114	business hours by any person who claims a legal interest in any property held by the 12
115	115	Administrator, provided that the person gives prior notice to the Administrator. 13
116	116
117	117	Article – Real Property 14
118	118
119	119	8–909. 15
120	120
121	121	(a) There is an Access to Counsel in Evictions Special Fund. 16
122	122
123	123	(b) The purpose of the Fund is to provide funding to fully implement access to 17
124	124	legal representation in evictions and other related proceedings in the State. 18
125	125
126	126	(c) MLSC shall administer the Fund. 19
127	127
128	128	(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 20
129	129	the State Finance and Procurement Article. 21
130	130
131	131	(2) The State Treasurer shall hold the Fund separately, and the 22
132	132	Comptroller shall account for the Fund. 23
133	133
134	134	(e) The Fund consists of: 24
135	135
136	136	(1) Money received by the Division of Consumer Protection in the Office of 25
137	137	the Attorney General from any final settlement or agreement with or judgment against a 26
138	138	party relating to an investigation or enforcement of the Maryland Consumer Protection Act 27
139	139	for an unfair, abusive, or deceptive trade practice for rental residential property, excluding 28
140	140	any restitution and the costs of the action the Attorney General is entitled to recover; 29
141	141
142	142	(2) Money appropriated in the State budget to the Fund; 30
143	143
144	144	(3) Money distributed to the Fund under § 17–317 of the Commercial Law 31
145	145	Article; 32
146	146	4 HOUSE BILL 103
147	147
148	148
149	149	(4) Interest earnings of the Fund; and 1
150	150
151	151	(5) Any other money from any other source accepted for the benefit of the 2
152	152	Fund. 3
153	153
154	154	(f) The Fund may be used only for: 4
155	155
156	156	(1) Services provided by a designated organization or activity by a 5
157	157	community group to implement the Program as provided in this subtitle, including all costs 6
158	158	associated with required legal representation in any proceeding and any outreach and 7
159	159	education activities; 8
160	160
161	161	(2) If a local jurisdiction enacts a program authorized under this subtitle, 9
162	162	services provided by the local jurisdiction to implement access to counsel in eviction 10
163	163	proceedings as provided for in this subtitle, including all costs associated with required 11
164	164	legal representation in any proceeding and any outreach and education activities; 12
165	165
166	166	(3) Administrative expenses of MLSC; and 13
167	167
168	168	(4) Expenses related to the study and evaluation of: 14
169	169
170	170	(i) Services and activities provided under this subtitle; and 15
171	171
172	172	(ii) Funding amounts and sources necessary to fully effectuate 16
173	173	access to counsel in eviction proceedings. 17
174	174
175	175	(g) (1) The State Treasurer shall invest the money of the Fund in the same 18
176	176	manner as other State money may be invested. 19
177	177
178	178	(2) Any interest earnings of the Fund shall be credited to the Fund. 20
179	179
180	180	(h) (1) Expenditures from the Fund may be made only in accordance with the 21
181	181	State budget. 22
182	182
183	183	(2) For each [of fiscal years 2024 through 2027] FISCAL YEAR , the 23
184	184	Governor shall include in the annual budget bill an appropriation of $14,000,000 from the 24
185	185	Fund to MLSC. 25
186	186
187	187	(i) Money expended from the Fund is supplemental to and is not intended to take 26
188	188	the place of funding that otherwise would be appropriated for civil legal services from any 27
189	189	other source. 28
190	190
191	191	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
192	192	as follows: 30
193	193
194	194	Article – Real Property 31
195	195	HOUSE BILL 103 5
196	196
197	197
198	198	8–901. 1
199	199
200	200	(a) In this subtitle the following words have the meanings indicated. 2
201	201
202	202	(b) “Community group” means a nonprofit entity with the capacity to conduct 3
203	203	tenant outreach and provide engagement, education, and information. 4
204	204
205	205	(c) “Covered individual” means an individual who: 5
206	206
207	207	(1) Occupies a residential property under a claim of legal right other than 6
208	208	owner, including a tenant in a building owned, operated, or managed by a public housing 7
209	209	authority; and 8
210	210
211	211	(2) Is a member of a household with an income that is not greater than 50% 9
212	212	of the median income, adjusted for household size, in the State as determined by the United 10
213	213	States Department of Health and Human Services or its successor. 11
214	214
215	215	(d) “Designated organization” means a nonprofit entity designated by MLSC with 12
216	216	the ability to provide legal representation to covered individuals. 13
217	217
218	218	(e) “Fund” means the Access to Counsel in Evictions Special Fund. 14
219	219
220	220	(f) “Legal representation” includes all representation by an attorney beyond brief 15
221	221	legal advice and is not limited to the formal entry of appearance in court. 16
222	222
223	223	(g) “MLSC” means the Maryland Legal Services Corporation. 17
224	224
225	225	(h) “Program” means the Access to Counsel in Evictions Program. 18
226	226
227	227	[(i) “Task Force” means the Access to Counsel in Evictions Task Force.] 19
228	228
229	229	[8–908. 20
230	230
231	231	(a) There is an Access to Counsel in Evictions Task Force. 21
232	232
233	233	(b) (1) The Task Force consists of up to 15 members appointed by the Office of 22
234	234	the Attorney General and shall include: 23
235	235
236	236	(i) At least two representatives of the Maryland State Bar 24
237	237	Association; 25
238	238
239	239	(ii) At least two representatives of tenant advocacy groups or 26
240	240	designated organizations; 27
241	241
242	242	(iii) At least two representatives of the Judiciary; 28
243	243
244	244	(iv) At least two representatives of community groups; 29 6 HOUSE BILL 103
245	245
246	246
247	247
248	248	(v) At least two representatives of landlords; 1
249	249
250	250	(vi) Representatives of MLSC; and 2
251	251
252	252	(vii) Tenants and other interested citizens. 3
253	253
254	254	(2) At least three members of the Task Force must be tenants whose 4
255	255	income does not exceed 50% of the State median income adjusted for household size. 5
256	256
257	257	(c) The Attorney General shall designate the chair of the Task Force. 6
258	258
259	259	(d) The Office of the Attorney General shall provide staff for the Task Force. 7
260	260
261	261	(e) A member of the Task Force: 8
262	262
263	263	(1) May not receive compensation as a member of the Task Force; but 9
264	264
265	265	(2) Is entitled to reimbursement for expenses under the Standard State 10
266	266	Travel Regulations, as provided in the State budget. 11
267	267
268	268	(f) The Task Force shall: 12
269	269
270	270	(1) Evaluate the provision of services under this subtitle, including the 13
271	271	performance of designated organizations and community groups; 14
272	272
273	273	(2) Study potential funding sources; and 15
274	274
275	275	(3) Make recommendations to improve the implementation of this subtitle, 16
276	276	including necessary policy and statutory changes. 17
277	277
278	278	(g) On or before January 1, 2022, and each January 1 thereafter, the Task Force 18
279	279	shall report its findings and recommendations to the Governor and, in accordance with § 19
280	280	2–1257 of the State Government Article, the General Assembly. 20
281	281
282	282	(h) The Task Force may apply for grants from public and private entities to carry 21
283	283	out the duties of the Task Force.] 22
284	284
285	285	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
286	286	as follows: 24
287	287
288	288	Article – Commercial Law 25
289	289
290	290	17–317. 26
291	291
292	292	(a) (5) After making the distributions required under paragraphs (2) through 27
293	293	(4) of this subsection, the Administrator shall distribute $14,000,000 from the remaining 28 HOUSE BILL 103 7
294	294
295	295
296	296	net funds to the Access to Counsel in Evictions Special Fund under [§ 8–909] § 8–908 of 1
297	297	the Real Property Article. 2
298	298
299	299	SECTION 4. AND BE IT FURTHER ENACTED, That Section(s) 8 –909 through 3
300	300	8–911 of Article – Real Property of the Annotated Code of Maryland be renumbered to be 4
301	301	Section(s) 8–908 through 8–910, respectively. 5
302	302
303	303	SECTION 5. AND BE IT FURTHER ENA CTED, That Sections 2, 3, and 4 of this 6
304	304	Act shall take effect January 31, 2026. 7
305	305
306	306	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 8
307	307	5 of this Act, this Act shall take effect October 1, 2025. 9
308	308