MD
Maryland Senate Bill SB125

Maryland 2025 Regular Session

Maryland Senate Bill SB125 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0125*
96
107 SENATE BILL 125
118 L1, L3, N1 5lr0748
129 (PRE–FILED) CF HB 249
1310 By: Senator Gile
1411 Requested: September 3, 2024
1512 Introduced and read first time: January 8, 2025
1613 Assigned to: Judicial Proceedings
17-Committee Report: Favorable
18-Senate action: Adopted
19-Read second time: January 29, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Residential Real Property – Local Limits on Summoning Law Enforcement or 2
2620 Emergency Services 3
2721
2822 FOR the purpose of prohibiting a local jurisdiction from enforcing a law or ordinance that 4
2923 limits the summoning of law enforcement or emergency services to a residential 5
3024 property by establishing a certain threshold or penalty; and generally relating to the 6
3125 enforcement of local laws and ordinances that limit the summoning of law 7
3226 enforcement or emergency services. 8
3327
3428 BY repealing and reenacting, with amendments, 9
3529 Article – Real Property 10
3630 Section 14–126 11
3731 Annotated Code of Maryland 12
3832 (2023 Replacement Volume and 2024 Supplement) 13
3933
4034 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
4135 That the Laws of Maryland read as follows: 15
4236
4337 Article – Real Property 16
4438
4539 14–126. 17
4640
4741 (a) (1) In this section the following words have the meanings indicated. 18
42+
43+ (2) “Emergency services” includes fire, rescue, and ambulance services and 19
44+a mobile crisis team as defined in § 10–1401 of the Health – General Article. 20
45+
46+ (3) “Governing body” has the meaning stated in § 1–101 of the Local 21
47+Government Article. 22
4848 2 SENATE BILL 125
4949
5050
51- (2) “Emergency services” includes fire, rescue, and ambulance services and 1
52-a mobile crisis team as defined in § 10–1401 of the Health – General Article. 2
51+ (4) “Municipality” has the meaning stated in § 1–101 of the Local 1
52+Government Article. 2
5353
54- (3) “Governing body” has the meaning stated in § 1–101 of the Local 3
55-Government Article. 4
54+ (5) “Rental license” means any certificate, license, or permit required to 3
55+rent residential real property issued by a county or a municipality. 4
5656
57- (4) “Municipality” has the meaning stated in § 1–101 of the Local 5
58-Government Article. 6
57+ (6) (i) “Short–term rental unit” means a residential dwelling unit or a 5
58+portion of the unit used to provide housing for less than 31 consecutive days. 6
5959
60- (5) “Rental license” means any certificate, license, or permit required to 7
61-rent residential real property issued by a county or a municipality. 8
60+ (ii) “Short–term rental unit” does not include a hotel or motel, 7
61+boarding house, group residential facility for students, fraternity or sorority house, or 8
62+similar housing. 9
6263
63- (6) (i) “Short–term rental unit” means a residential dwelling unit or a 9
64-portion of the unit used to provide housing for less than 31 consecutive days. 10
64+ (b) This section does not apply to a local law or ordinance governing: 10
6565
66- (ii) “Short–term rental unit” does not include a hotel or motel, 11
67-boarding house, group residential facility for students, fraternity or sorority house, or 12
68-similar housing. 13
66+ (1) The installation and use of residential security alarm systems; 11
6967
70- (b) This section does not apply to a local law or ordinance governing: 14
68+ (2) The physical condition, sanitation, maintenance, or repair of real 12
69+property, including vacant buildings; 13
7170
72- (1) The installation and use of residential security alarm systems; 15
71+ (3) Parking enforcement; 14
7372
74- (2) The physical condition, sanitation, maintenance, or repair of real 16
75-property, including vacant buildings; 17
73+ (4) Calls to law enforcement concerning social gatherings or excessive noise 15
74+that do not involve an offense set forth in the Criminal Law Article and are: 16
7675
77- (3) Parking enforcement; 18
76+ (i) Made with the intent to harass another; or 17
7877
79- (4) Calls to law enforcement concerning social gatherings or excessive noise 19
80-that do not involve an offense set forth in the Criminal Law Article and are: 20
78+ (ii) Knowingly false, as a whole or in material part; or 18
8179
82- (i) Made with the intent to harass another; or 21
80+ (5) Short–term rental units. 19
8381
84- (ii) Knowingly false, as a whole or in material part; or 22
82+ (c) (1) The governing body of a county or a municipality may not enact OR 20
83+ENFORCE a local law or ordinance that: 21
8584
86- (5) Short–term rental units. 23
85+ (i) Establishes a threshold of requests to summon law enforcement 22
86+or emergency services to a residential property as grounds for designating a property as a 23
87+nuisance; or 24
8788
88- (c) (1) The governing body of a county or a municipality may not enact OR 24
89-ENFORCE a local law or ordinance that: 25
89+ (ii) Penalizes or authorizes a penalty against an operator, an owner, 25
90+an owner–occupant, or a tenant for: 26
9091
91- (i) Establishes a threshold of requests to summon law enforcement 26
92-or emergency services to a residential property as grounds for designating a property as a 27
93-nuisance; or 28
92+ 1. The act of summoning law enforcement or emergency 27
93+services to a residential property; or 28
9494
95- (ii) Penalizes or authorizes a penalty against an operator, an owner, 29
96-an owner–occupant, or a tenant for: 30
95+ 2. The actions of another individual to summon the 29
96+assistance of law enforcement or emergency services to a residential property. 30
9797 SENATE BILL 125 3
9898
9999
100- 1. The act of summoning law enforcement or emergency 1
101-services to a residential property; or 2
100+ (2) There is a presumption that a local law or ordinance relating to 1
101+summoning law enforcement or emergency services to a residential property is prohibited 2
102+under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or 3
103+requires: 4
102104
103- 2. The actions of another individual to summon the 3
104-assistance of law enforcement or emergency services to a residential property. 4
105+ (i) The assessment of a monetary penalty or fine on an operator, an 5
106+owner, an owner–occupant, or a tenant; 6
105107
106- (2) There is a presumption that a local law or ordinance relating to 5
107-summoning law enforcement or emergency services to a residential property is prohibited 6
108-under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or 7
109-requires: 8
108+ (ii) The use of an action for repossession of a dwelling unit from a 7
109+tenant or termination or nonrenewal of a tenant’s lease; or 8
110110
111- (i) The assessment of a monetary penalty or fine on an operator, an 9
112-owner, an owner–occupant, or a tenant; 10
111+ (iii) The revocation, suspension, or nonrenewal of a rental license. 9
113112
114- (ii) The use of an action for repossession of a dwelling unit from a 11
115-tenant or termination or nonrenewal of a tenant’s lease; or 12
113+ (d) An operator, an owner, an owner–occupant, or a tenant may raise the issue 10
114+that a local law or ordinance is prohibited under subsection (c) of this section: 11
116115
117- (iii) The revocation, suspension, or nonrenewal of a rental license. 13
116+ (1) As a defense to an action to enforce the local law or ordinance; or 12
118117
119- (d) An operator, an owner, an owner–occupant, or a tenant may raise the issue 14
120-that a local law or ordinance is prohibited under subsection (c) of this section: 15
118+ (2) As an affirmative claim for damages resulting from the enforcement of 13
119+the law or ordinance. 14
121120
122- (1) As a defense to an action to enforce the local law or ordinance; or 16
121+ (e) If in any proceeding the court finds in favor of the operator, owner, 15
122+owner–occupant, or tenant, the court may enter a judgment against the county or 16
123+municipality attempting to enforce the prohibited local law or ordinance and award the 17
124+operator, owner, owner–occupant, or tenant: 18
123125
124- (2) As an affirmative claim for damages resulting from the enforcement of 17
125-the law or ordinance. 18
126+ (1) Reasonable damages; 19
126127
127- (e) If in any proceeding the court finds in favor of the operator, owner, 19
128-owner–occupant, or tenant, the court may enter a judgment against the county or 20
129-municipality attempting to enforce the prohibited local law or ordinance and award the 21
130-operator, owner, owner–occupant, or tenant: 22
128+ (2) Reasonable attorney’s fees; 20
131129
132- (1) Reasonable damages; 23
130+ (3) Court costs; 21
133131
134- (2) Reasonable attorney’s fees; 24
132+ (4) Reinstatement of a rental license; and 22
135133
136- (3) Court costs; 25
134+ (5) Other relief as deemed appropriate by the court. 23
137135
138- (4) Reinstatement of a rental license; and 26
139-
140- (5) Other relief as deemed appropriate by the court. 27
141-
142- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
143-1, 2025. 29
136+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
137+1, 2025. 25
144138