Maryland 2025 Regular Session

Maryland House Bill HB804 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0804
6	6
7	7	HOUSE BILL 804
8	8	N1 5lr1542
9	9	HB 199/24 – ENT
10	10	By: Delegates Wu, Conaway, Feldmark, Foley, Guyton, Hill, Lehman,
11	11	Palakovich Carr, Pena–Melnyk, Sample–Hughes, Taveras, and Ziegler
12	12	Introduced and read first time: January 29, 2025
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Multifamily Dwellings – Smoking Policies 2
20	20
21	21	FOR the purpose of requiring the governing body of a common ownership community to 3
22	22	develop a smoking policy that applies to all common areas of the property if the 4
23	23	property subject to the control of the governing body is a multifamily dwelling; and 5
24	24	generally relating to multifamily dwellings in the State. 6
25	25
26	26	BY adding to 7
27	27	Article – Real Property 8
28	28	Section 14–134 9
29	29	Annotated Code of Maryland 10
30	30	(2023 Replacement Volume and 2024 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – Real Property 14
36	36
37	37	14–134. 15
38	38
39	39	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
40	40	INDICATED. 17
41	41
42	42	(2) “COMMON OWNERSHIP COMM UNITY” MEANS A CONDOMINIUM OR 18
43	43	A COOPERATIVE HOUSIN G CORPORATION . 19
44	44
45	45	(3) “CONDOMINIUM ” HAS THE MEANING STAT ED IN § 11–101 OF THIS 20
46	46	ARTICLE. 21
47	47	2 HOUSE BILL 804
48	48
49	49
50	50	(4) “COOPERATIVE HOUSING C ORPORATION ” HAS THE MEANING 1
51	51	STATED IN § 5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE. 2
52	52
53	53	(5) “MULTIFAMILY DWELLING ” MEANS A RESIDENTIAL BUILDING 3
54	54	THAT IS PART OF A CO MMON OWNERSHIP COMMU NITY WITH MULTIPLE DWELLI NG 4
55	55	UNITS, A COMMON ENTRANCE , AND COMMON AREAS , INCLUDING HALLWAYS , 5
56	56	ELEVATORS, AND STAIRS. 6
57	57
58	58	(6) “RESIDENTIAL OWNER ” MEANS: 7
59	59
60	60	(I) A UNIT OWNER OF A COND OMINIUM; OR 8
61	61
62	62	(II) A MEMBER OF A COOPERAT IVE HOUSING CORPORAT ION. 9
63	63
64	64	(7) “SMOKE” OR “SMOKING” MEANS: 10
65	65
66	66	(I) THE INHALING, EXHALING, BURNING, OR CARRYING OF ANY 11
67	67	LIGHTED MATTER OR LI GHTED SUBSTANCE ; OR 12
68	68
69	69	(II) THE USE OF A DEVICE T O DELIVER AEROSOLIZE D OR 13
70	70	VAPORIZED VAPING LIQ UID, AS DEFINED IN § 16.7–101 OF THE BUSINESS 14
71	71	REGULATION ARTICLE, TO AN INDIVIDU AL INHALING FROM THE DEVICE. 15
72	72
73	73	(8) “UNIT”: 16
74	74
75	75	(I) FOR A CONDOMINIUM , HAS THE MEANING STAT ED IN § 17
76	76	11–101 OF THIS ARTICLE; AND 18
77	77
78	78	(II) FOR A COOPERATIVE HOU SING CORPORATION , HAS THE 19
79	79	MEANING STATED IN § 5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS 20
80	80	ARTICLE. 21
81	81
82	82	(B) THIS SECTION APPLIES ONLY TO A MULTIFAMILY DWELLING WITH FOUR 22
83	83	OR MORE DWELLING UNI TS THAT ARE: 23
84	84
85	85	(1) USED FOR THE BENEFIT OF A RESIDENTIAL OWN ER IN A COMMON 24
86	86	OWNERSHIP COMMUNITY ; OR 25
87	87
88	88	(2) RENTED BY THE RESIDEN TIAL OWNER OF THE DW ELLING UNIT TO 26
89	89	A TENANT UNDER A LEA SE. 27
90	90
91	91	(C) THE GOVERNING BODY OF A COMMON OWNERSHIP COM MUNITY THAT 28
92	92	CONTROLS A MUL TIFAMILY DWELLING SHALL: 29
93	93	HOUSE BILL 804 3
94	94
95	95
96	96	(1) DEVELOP A SMOKING POLICY THA T APPLIES TO ALL COMMO N 1
97	97	AREAS IN THE MULTIFAMILY D WELLING AND IS AT LEAST AS STRIN GENT AS THE 2
98	98	APPLICABLE STATE AND LOCAL LAWS REGARDING SMOKING ; AND 3
99	99
100	100	(2) PROVIDE NOTICE OF THE SMOKING POLICY TO RESIDENTIAL 4
101	101	OWNERS AND TENANTS O F THE MULTIFAMILY DWELLING . 5
102	102
103	103	(D) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION SHAL L STATE: 6
104	104
105	105	(1) THE LOCATIONS WHERE SMOKING IS AUT HORIZED ON THE 7
106	106	PROPERTY; 8
107	107
108	108	(2) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE 9
109	109	LOCATIONS WHERE SMOK ING IS PROHIBITED ON THE PROPERTY ; 10
110	110
111	111	(3) ANY CONDITIONS ON THE ABILITY TO SMOKE IN AREAS OF THE 11
112	112	PROPERTY WHERE SMOKI NG IS AUTHORIZED; 12
113	113
114	114	(4) THE PROCESS TO FILE A COMPLAINT AGAINST AN INDIVIDUAL 13
115	115	WHO VIOLATES THE POL ICY; AND 14
116	116
117	117	(5) ANY PENALTIES OR FINE S FOR VIOLATING THE POLICY. 15
118	118
119	119	(E) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION MAY NOT LIMIT THE 16
120	120	RIGHT OF A RESIDENTIAL OWNER OR TENANT TO S MOKE OR ALLOW OTHER 17
121	121	INDIVIDUALS TO SMOKE WITHIN THE OWNER ’S OR TENANT’S UNIT IF THE OWNER 18
122	122	OWNS OR THE TENANT RESIDE S IN THE UNIT WHEN THE POLICY IS A DOPTED. 19
123	123
124	124	(F) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 20
125	125
126	126	(1) REQUIRE A GOVERNING BODY OF A COMMON OWNERSHIP 21
127	127	COMMUNITY TO INITIAT E A CIVIL ACTION AGAINST A TENANT OR RESIDENTIAL 22
128	128	OWNER FOR A VIOLATIO N OF A SMOKING POLIC Y ADOPTED UNDER THIS SECTION; 23
129	129
130	130	(2) PREEMPT A COUNTY OR M UNICIPAL GOVERNMENT FROM 24
131	131	ENACTING AND ENFORCI NG MEASURES REGARDING SM OKING POLICIES IN 25
132	132	MULTIFAMILY DWELLING S THAT ARE MORE STRI NGENT THAN A POLICY ADOPTED 26
133	133	UNDER THIS SECTION ; OR 27
134	134
135	135	(3) PREEMPT A RESIDENTIAL OW NER OR TENANT FROM I NITIATING A 28
136	136	LEGAL ACTION AGAINST A TENANT OR RESIDENT IAL OWNER FOR A VIOL ATION OF A 29
137	137	SMOKING POLICY ADOPT ED UNDER THIS SECTIO N. 30
138	138	4 HOUSE BILL 804
139	139
140	140
141	141	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
142	142	October 1, 2025. 2
143	143