EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0560*
HOUSE BILL 560
E1, N1 5lr3259
CF SB 46
By: Delegate Holmes
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Fraud – Possession of Residential Real Property 2
FOR the purpose of prohibiting a person from possessing or claiming a right to possess 3
residential real property the person does not lawfully possess or own, with the intent 4
to defraud another; authorizing the owner of certain residential real property to file 5
a certain sworn affidavit and requiring a sheriff to remove a certain person from 6
residential real property under certain circumstances; providing this Act does not 7
prohibit the owner of residential real property from filing a wrongful detainer action; 8
and generally relating to fraudulent possession of residential real property. 9
BY adding to 10
Article – Criminal Law 11
Section 8–906 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Law 17
8–906. 18
(A) A PERSON MAY NOT , WITH INTENT TO DEFRA UD ANOTHER , POSSESS OR 19
CLAIM A RIGHT TO POSSESS RESID ENTIAL REAL PROPERTY THE PERSON DOES NOT 20
LAWFULLY POSSESS OR OWN. 21
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 22
AND ON CONVICTION IS SUBJECT TO: 23
2 HOUSE BILL 560
(1) FOR A FIRST VIOLATIO N, IMPRISONMENT NOT EXC EEDING 90 1
DAYS OR A FINE NOT EXCEEDING $500 OR BOTH; 2
(2) FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS AFTER 3
THE FIRST VIOLATION , IMPRISONMENT NOT EXC EEDING 6 MONTHS OR A FINE NOT 4
EXCEEDING $1,000 OR BOTH; AND 5
(3) FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 YEARS 6
AFTER THE PRECEDING VIOLATION, IMPRISONMENT NOT EXC EEDING 1 YEAR OR A 7
FINE NOT EXCEEDING $2,500 OR BOTH. 8
(C) (1) THIS SUBSECTION DOES NOT APPLY IF: 9
(I) THE PERSON IN ACTUAL POSSESSION OF THE RE SIDENTIAL 10
REAL PROPERTY HAS BE EN GRANTED POSSESSIO N UNDER A COURT ORDER ; OR 11
(II) A REMEDY IS AVAILABL E UNDER TITLE 8 OF THE REAL 12
PROPERTY ARTICLE. 13
(2) THE OWNER OF RESIDENT IAL REAL PROPERTY IN THE 14
POSSESSION OF ANOTHE R ALLEGEDLY IN VIOLA TION OF SUBSECTION (A) OF THIS 15
SECTION MAY SUBMIT A SWORN AFFIDAVIT TO THE SHE RIFF FOR A COUNTY IN 16
WHICH THE PROPERTY I S LOCATED STATING TH AT THE PERSON IS FRA UDULENTLY 17
IN POSSESSION OF THE PROPERTY. 18
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 19
SHERIFF SHALL REMOVE A PERSON IN POSSESSI ON OF RESIDE NTIAL REAL 20
PROPERTY AFTER RECEI VING AN AFFIDAVIT SU BMITTED UNDER PARAGR APH (2) OF 21
THIS SUBSECTION AND RETURN POSSESSION OF THE PROPERTY TO THE OWNER. 22
(II) A DEPUTY SHERIFF MAY N OT REMOVE A PERSON I N 23
POSSESSION OF RESIDE NTIAL REAL PROPERTY FOLLOWING THE FILING OF AN 24
AFFIDAVIT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH IF THE PERSON IN 25
POSSESSION PRODUCES EVIDENCE OF LAWFUL P OSSESSION OF THE PRO PERTY TO 26
THE LAW ENFORCEMENT OFFICER. 27
(D) THIS SECTION DOES NOT PROHIBIT THE OWNER O F RESIDENTIAL REAL 28
PROPERTY FROM FILING A SUIT U NDER § 14–132 OF THE REAL PROPERTY ARTICLE. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2025. 31