EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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.
*hb0164*
HOUSE BILL 164
E1, N1 5lr0889
(PRE–FILED)
By: Delegate Conaway Delegates Conaway, Nawrocki, Holmes, Addison, Cardin,
Schmidt, Phillips, Stinnett, Arikan, Grammer, Sample –Hughes, and
Kaufman
Requested: September 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Law – Fraud – Possession of Residential Real Property 2
Real Property – Wrongful Detainer – Time of Hearing and Service of Process 3
FOR the purpose of prohibiting a person from possessing or claiming a right to possess 4
residential real property the person does not lawfully possess or own, with the intent 5
to defraud another; authorizing the owner of certain residential real property to file 6
a certain sworn affidavit and requiring a sheriff to remove a certain person from 7
residential real property under certain circumstances; providing this Act does not 8
prohibit the owner of residential real property from filing a wrongful detainer action; 9
and generally relating to fraudulent possession of residential real property requiring 10
a certain hearing to be held within a certain time after a certain complaint is filed; 11
altering requirements relating to service of process in a wrongful detainer action; 12
and generally relating to wrongful detainer. 13
BY adding to repealing and reenacting, with amendments, 14
Article – Criminal Law Real Property 15
Section 8–906 14–132 16
Annotated Code of Maryland 17
(2021 (2023 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20 2 HOUSE BILL 164
Article – Criminal Law 1
8–906. 2
(A) A PERSON MAY NOT , WITH INTENT TO DEFRA UD ANOTHER , POSSESS OR 3
CLAIM A RIGHT TO POS SESS RESIDENTIAL REA L PROPERTY THE PERSO N DOES NOT 4
LAWFULLY POSSESS OR OWN. 5
(B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEA NOR 6
AND ON CONVICTION IS SUBJECT TO: 7
(1) FOR A FIRST VIOLATIO N, IMPRISONMENT NOT EXC EEDING 90 8
DAYS OR A FINE NOT E XCEEDING $500 OR BOTH; 9
(2) FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS AFTER 10
THE FIRST VIOLATION , IMPRISONMENT N OT EXCEEDING 6 MONTHS OR A FINE NOT 11
EXCEEDING $1,000 OR BOTH; AND 12
(3) FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 YEARS 13
AFTER THE PRECEDING VIOLATION, IMPRISONMENT NOT EXC EEDING 1 YEAR OR A 14
FINE NOT EXCEEDING $2,500 OR BOTH. 15
(C) (1) THIS SUBSECTION DOES NOT APPLY I F: 16
(I) THE PERSON IN ACTUAL POSSESSION OF THE RE SIDENTIAL 17
REAL PROPERTY HAS BE EN GRANTED POSSESSIO N UNDER A COURT ORDE R; OR 18
(II) A REMEDY IS AVAILABL E UNDER TITLE 8 OF THE REAL 19
PROPERTY ARTICLE. 20
(2) THE OWNER OF RESIDENT IAL REAL PROPERTY IN THE 21
POSSESSION OF ANOTHE R ALLEGEDLY IN VIOLA TION OF SUBSECTION (A) OF THIS 22
SECTION MAY SUBMIT A SWORN AFFIDAVIT TO T HE SHERIFF FOR A COU NTY IN 23
WHICH THE PROPERTY I S LOCATED STATING TH AT THE PERSON IS FRA UDULENTLY 24
IN POSSESSION OF THE PROPERTY. 25
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 26
SHERIFF SHALL REMOVE A PERSON IN POSSESSI ON OF RESIDENTIAL RE AL 27
PROPERTY AFTER RECEI VING AN AFFIDAVIT SU BMITTED UNDER PARAGR APH (2) OF 28
THIS SUBSECTION AND RETURN POSSESSION OF THE PROPERTY T O THE OWNER. 29
(II) A DEPUTY SHERIFF MAY N OT REMOVE A PERSON I N 30
POSSESSION OF RESIDE NTIAL REAL PROPERTY FOLLOWING THE FILING OF AN 31 HOUSE BILL 164 3
AFFIDAVIT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH IF THE PERSON IN 1
POSSESSION PRODUCES EVIDENCE OF LAWFUL P OSSESSION OF TH E PROPERTY TO 2
THE LAW ENFORCEMENT OFFICER. 3
(D) THIS SECTION DOES NOT PROHIBIT THE OWNER O F RESIDENTIAL REAL 4
PROPERTY FROM FILING A SUIT UNDER § 14–132 OF THE REAL PROPERTY ARTICLE. 5
Article – Real Property 6
14–132. 7
(a) In this section, “wrongful detainer” means to hold possession of real property 8
without the right of possession. 9
(b) This section does not apply if: 10
(1) The person in actual possession of the property has been granted 11
possession under a court order; 12
(2) A remedy is available under Title 8 of this article; or 13
(3) Any other exclusive means to recover possession is provided by statute 14
or rule. 15
(c) A person may not hold possession of property unless the person is entitled to 16
possession of the property under the law. 17
(d) (1) If a person violates subsection (c) of this section, a person claiming 18
possession may make complaint in writing to the District Court of the county in which the 19
property is located. 20
(2) (I) On receipt of a complaint under paragraph (1) of this subsection, 21
the court shall summons immediately the person in possession to appear before the court 22
on the day specified in the summons to show cause, if any, why restitution of the possession 23
of the property to the person filing the complaint should not be made. 24
(II) A HEARING SCHEDULED UN DER SUBPARAGRAPH (I) OF 25
THIS PARAGRAPH SHALL BE HELD NOT MORE THA N 14 CALENDAR DAYS AFTER THE 26
COMPLAINT IS FILED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 27
(3) If, for any reason, the person in actual possession cannot be found 28
AFTER TWO GOOD FAITH EFFORTS ON DIFFERENT DAYS, the person authorized to serve 29
process by the Maryland Rules shall [affix]: 30
(I) FILE AN AFFIDAVIT WIT H THE COURT DESCRIBI NG THE 31
GOOD FAITH EFFORTS T O SERVE THE PERSON I N ACTUAL POSSESSION ; 32 4 HOUSE BILL 164
(II) MAIL A COPY OF THE CO MPLAINT BY CERTIFIED MAIL, 1
RETURN RECEIPT REQUE STED, AND FIRST–CLASS MAIL TO THE LA ST KNOWN 2
ADDRESS OF THE PERSO N IN ACTUAL POSSESSI ON AND, IF DIFFERENT, TO THE 3
ADDRESS OF THE RESID ENTIAL PROPERTY SUBJ ECT TO THE COMPLAINT ; AND 4
(III) AFFIX an attested copy of the summons conspicuously on the 5
property. 6
(4) If notice of the summons is sent to the person in possession [by 7
first–class mail, the affixing of the summons] in accordance with paragraph (3) of this 8
subsection, THE NOTICE shall constitute sufficient service to support restitution of 9
possession. 10
(5) SERVICE SHALL BE MADE UNDER PARAGRAPHS (3) AND (4) OF 11
THIS SUBSECTION WITH IN 4 BUSINESS DAYS AFTER THE COMPLAINT IS FIL ED UNDER 12
PARAGRAPH (1) OF THIS SUBSECTION . 13
(e) A counterclaim or cross–claim may not be filed in an action brought under this 14
section. 15
(f) (1) If the court determines that the complainant is legally entitled to 16
possession, the court shall: 17
(i) Give judgment for restitution of the possession of the property to 18
the complainant; and 19
(ii) Issue its warrant to the sheriff or constable commanding the 20
sheriff or constable to deliver possession to the complainant. 21
(2) The court may also give judgment in favor of the complainant for 22
damages due to the wrongful detainer and for court costs and attorney fees if: 23
(i) The complainant claimed damages in the complaint; and 24
(ii) The court finds that: 25
1. The person in actual possession was personally served 26
with the summons; or 27
2. There was service of process or submission to the 28
jurisdiction of the court as would support a judgment in contract or tort. 29
(3) A person in actual possession who is not personally served with a 30
summons is not subject to the personal jurisdiction of the District Court if the person 31 HOUSE BILL 164 5
appears in response to the summons and prior to the time that evidence is taken by the 1
court and asserts that the appearance is only for the purpose of defending an in rem action. 2
(g) Subject to § 8–118.1 of this article, a party to a wrongful detainer action 3
brought in the District Court under this section may demand a trial by jury in accordance 4
with Title 8, Subtitle 6 of this article. 5
(h) (1) Not later than 10 days from the entry of the judgment of the District 6
Court, either party may appeal to the circuit court for the county in which the property is 7
located. 8
(2) The person in actual possession of the property may retain possession 9
until the determination of the appeal if the person: 10
(i) Files with the court an affidavit that the appeal is not taken for 11
delay; and 12
(ii) 1. Files sufficient bond with one or more securities 13
conditioned on diligent prosecution of the appeal; or 14
2. Pays to the complainant or into the appellate court: 15
A. The fair rental value of the property for the entire period 16
of possession up to the date of judgment; 17
B. All court costs in the case; 18
C. All losses or damages other than the fair rental value of 19
the property up to the day of judgment that the court determined to be due because of the 20
detention of possession; and 21
D. The fair rental value of the property during the pendency 22
of the appeal. 23
(3) On application of either party, the court shall set a hearing date for the 24
appeal that is not less than 5 days or more than 15 days after the application for appeal. 25
(4) Notice of the order for a hearing shall be served on the parties or the 26
parties’ counsels not less than 5 days before the hearing. 27
(i) If the judgment of the circuit court shall be in favor of the person claiming 28
possession, a warrant shall be issued by the court to the sheriff, who shall proceed 29
immediately to execute the warrant. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 31
October 1, 2025. 32
6 HOUSE BILL 164
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.