Maryland 2025 Regular Session

Maryland Senate Bill SB989 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	sb0989
6	6
7	7	SENATE BILL 989
8	8	N1 5lr3470
9	9
10	10	By: Senators Charles and Watson
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Real Property – Unauthorized Occupants – Sheriff’s Property Registry and 2
19	19	Removal 3
20	20
21	21	FOR the purpose of authorizing a sheriff of a county to establish an Unauthorized Occupant 4
22	22	Registry for residential real property located in the county for a certain purpose; 5
23	23	authorizing a residential property owner to enroll the property in a registry 6
24	24	established in accordance with this Act and to request the removal of an 7
25	25	unauthorized occupant from the property by a sheriff , subject to certain 8
26	26	requirements; authorizing an individual removed from a property in bad faith to 9
27	27	bring a certain civil action; and generally relating to removal of unauthorized 10
28	28	occupants from residential real property. 11
29	29
30	30	BY adding to 12
31	31	Article – Real Property 13
32	32	Section 14–132.1 14
33	33	Annotated Code of Maryland 15
34	34	(2023 Replacement Volume and 2024 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Real Property 19
40	40
41	41	14–132.1. 20
42	42
43	43	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
44	44	INDICATED. 22
45	45
46	46	(2) “REGISTERED OWNER” MEANS AN OWNER OF RESIDENTIAL REAL 23
47	47	PROPERTY ENROLLED IN AN UNAUTHORIZED OCCUPANT REGISTRY. 24 2 SENATE BILL 989
48	48
49	49
50	50
51	51	(3) “REGISTRY” MEANS AN UNLAWFUL OCCUPANT REGISTRY 1
52	52	ESTABLISHED BY THE SHERIFF OF A COUNTY. 2
53	53
54	54	(B) THE SHERIFF OF A COUN TY MAY ESTABLISH AN UNAUTHORIZED 3
55	55	OCCUPANT REGISTRY IN ORDER TO FACILITATE THE RE MOVAL OF UNAUTHORIZE D 4
56	56	OCCUPANT S FROM DWELLINGS ON RESIDENTIAL PROPE RTY IN THE COUNTY. 5
57	57
58	58	(C) (1) AN OWNER OF RESIDENTIAL REAL PROPERTY THAT INCLUDES A 6
59	59	DWELLING MAY ENROLL THE PROPERTY IN A REGISTRY ESTABLISHED UNDER 7
60	60	SUBSECTION (B) OF THIS SECTION FOR THE COUNTY WHERE THE PROPERTY I S 8
61	61	LOCATED. 9
62	62
63	63	(2) (I) ENROLLMENT OF A PROPERTY IN A REGISTRY UNDER 10
64	64	PARAGRAPH (1) OF THIS SUBSECTION SHALL EXPIRE AFTER 6 MONTHS. 11
65	65
66	66	(II) A PROPERTY OWNER MAY R E–ENROLL A PROPERTY IN THE 12
67	67	REGISTRY ON EXPIRATION OF A 6–MONTH ENROLLMENT PER IOD. 13
68	68
69	69	(3) A SHERIFF MAY CHARGE A FEE FOR : 14
70	70
71	71	(I) THE INITIAL ENROLLMENT OF A PROPERTY IN A REGIST RY 15
72	72	ESTABLISHED UNDER TH IS SECTION; AND 16
73	73
74	74	(II) ANY SUBSEQUENT RE–ENROLLMENT OF THE PR OPERTY 17
75	75	THAT OCCURS AT LEAST 1 YEAR AFTER THE IMMEDIATELY PREC EDING 18
76	76	ENROLLMENT OR RE–ENROLLMENT OF THE PROPERTY . 19
77	77
78	78	(D) (1) A SHERIFF SHALL POST N OTICE ON EACH PROPERTY ENROLLED 20
79	79	IN A REGISTRY. 21
80	80
81	81	(2) NOTICE UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL: 22
82	82
83	83	(I) BE POSTED IN A CONSPICUOUS PLA CE ON THE PROPERTY ; 23
84	84	AND 24
85	85
86	86	(II) PROVIDE INFORMATION O N THE REMOVAL PROCESS FOR 25
87	87	ANY UNAUTHORIZED OCCUPANTS ON THE PROPERTY . 26
88	88
89	89	(E) THE OWNER OF RE SIDENTIAL PROPERTY ENROLLED IN A REGISTRY, OR 27
90	90	THE OWNER ’S AUTHORIZED AGENT , MAY REQUEST THE IMMEDIATE REMOVA L BY 28
91	91	THE SHERIFF OF ANY INDIVIDUAL OCCUPYING A DWELLING ON THE PROPERTY 29
92	92	WITHOUT AUTHORIZATIO N IF: 30 SENATE BILL 989 3
93	93
94	94
95	95
96	96	(1) THE REGISTERED OWNER HAS THE RIGHT TO OCCUPY THE 1
97	97	DWELLING; 2
98	98
99	99	(2) THE UNAUTHORIZED OCCU PANT UNLAWFULLY ENTE RED THE 3
100	100	DWELLING AND IS RESIDING OR O THERWISE REMAIN ING IN THE DWELLING; 4
101	101
102	102	(3) THE DWELLING WAS NOT OPEN TO MEMBERS OF T HE PUBLIC AT 5
103	103	THE TIME THE UNAUTHO RIZED OCCUPANT ENTERED ; 6
104	104
105	105	(4) THE REGISTERED OWNER OR THE OWNER’S AUTHORIZED AGENT 7
106	106	DIRECTED THE UNAUTHO RIZED OCCUPANT TO LE AVE THE DWELLING; 8
107	107
108	108	(5) THE UNAUTHORIZED OCCU PANT IS NOT A CURREN T OR FORMER 9
109	109	TENANT OF THE DWELLING UNDER A LEASE AGREEMENT AUTHORIZED BY THE 10
110	110	REGISTERED OWNER; 11
111	111
112	112	(6) THE UNAUTHORIZED OCCU PANT IS NOT A CURREN T OR FORMER 12
113	113	LAWFULLY RECORDED OWNER WITH ANY INTEREST IN THE PROPERTY OR THE 13
114	114	DWELLING AND IS NOT LISTED ON THE TITLE TO THE PROPERTY; 14
115	115
116	116	(7) THE UNAUTHORIZED OCCU PANT IS NOT A MEMBER OF THE 15
117	117	IMMEDIATE FAMILY OF THE REGISTERED OWNER OR ANY CO–OWNER OF THE 16
118	118	PROPERTY OR THE DWEL LING; AND 17
119	119
120	120	(8) THERE IS NO PENDING L ITIGATION RELATED TO THE PROPERTY 18
121	121	OR THE DWELLING BETW EEN THE UNAUTHORIZED OCCUPANT AND THE 19
122	122	REGISTERED OWNER OR ANY CO–OWNER OF THE PROPERT Y OR THE DWELLING . 20
123	123
124	124	(F) A REQUEST BY A REGISTERED OWNER TO IMMEDIATELY REMOV E AN 21
125	125	UNAUTHORIZED OCCUPAN T UNDER THIS SECTION SHALL BE SUBMITTED T O THE 22
126	126	SHERIFF IN SUBSTANTI ALLY THE FOLLOWING F ORM: 23
127	127
128	128	“REQUEST TO IMMEDIATELY REMOVE AN UNLAWFUL OCCUPANT OF 24
129	129	A RESIDENTIAL PROPERTY 25
130	130
131	131	I, THE REGISTERED OWNER OR AUTHORIZED AGENT OF THE REGISTERED OWNER OF 26
132	132	RESIDENTIAL REAL PROPERTY LOCATE D AT ____________________ (ADDRESS), 27
133	133	DECLARE UNDER THE PE NALTY OF PERJURY THA T (INITIAL EACH ITEM): 28
134	134
135	135	__ I AM THE REGISTERED OWNER OF THE PROPERT Y, OR THE AUTHORIZED AG ENT 29
136	136	OF THE REGISTERED OWNER. 30
137	137	4 SENATE BILL 989
138	138
139	139
140	140	__ THE REGISTERED OWNER PURCHASED THE PROPER TY ON ________________ 1
141	141	(DATE). 2
142	142
143	143	__ THE PROPERTY INCLUDES A RESIDENTIAL DWELLING. 3
144	144
145	145	__ THE UNAUTHORIZED OCCUPANT UNLAWFULLY ENTERED T HE DWELLING AND IS 4
146	146	RESIDING OR OTHERWIS E REMAINS IN THE DWELLING. 5
147	147
148	148	__ THE DWELLING WAS NOT OPEN TO MEMB ERS OF THE PUBLIC AT THE TIME THE 6
149	149	UNAUTHORIZED OCCUPAN T ENTERED. 7
150	150
151	151	__ I HAVE DIRECTED THE UN AUTHORIZED OCCUPANT , EITHER PERSONALLY OR 8
152	152	THROUGH AN AUTHORIZE D AGENT, TO LEAVE THE DWELLING AND THE 9
153	153	UNAUTHORIZED OCCUPAN T HAS NOT DONE SO . 10
154	154
155	155	__ THE UNAUTHORIZED OCCUPANT IS NOT A CURRENT OR FORMER TENANT OF THE 11
156	156	DWELLING UNDER A LEASE AGREEMENT , AND ANY LEASE THAT M AY BE PRODUCED 12
157	157	BY THE UNAUTHORIZED OCCUPANT IS FRAUDULE NT. 13
158	158
159	159	__ THE UNAUTHORIZED OCCUPANT IS NOT AN OWNER OR C O–OWNER OF THE 14
160	160	PROPERTY OR THE DWELLING AND HAS NOT BEEN LIS TED ON THE TITLE TO THE 15
161	161	PROPERTY, AND ANY TITLE OR OTHER ALLEG EDLY OFFICIAL COPY OF A PROPERLY 16
162	162	RECORDED INSTRUMENT IS THE RESULT OF TITLE FRAUD OR OTHER FRAUDULENT 17
163	163	ACTIVITY. 18
164	164
165	165	__ THE UNAUTHORIZED OCCU PANT IS NOT A MEMBER OF THE IMMEDIATE FAM ILY 19
166	166	OF THE REGISTERED OW NER OR ANY CO –OWNER OF THE PROPERTY OR THE 20
167	167	DWELLING. 21
168	168
169	169	__ THERE IS NO PENDING LITIGATION RELATED T O THE PROPERTY OR THE 22
170	170	DWELLING BETWEEN THE UNAUTHORIZED OCC UPANT AND THE REGISTERED 23
171	171	OWNER OR ANY CO–OWNER OF THE PROPERT Y OR THE DWELLING .”. 24
172	172
173	173	(G) (1) ON RECEIPT OF A REQUEST TO REMOVE AN UNAUTHORIZED 25
174	174	OCCUPANT, A SHERIFF SHALL VERIFY THAT THE PERSON MAKING THE RE QUEST IS 26
175	175	REGISTERED AS THE RE CORD OWNER OF THE PR OPERTY THAT IS THE S UBJECT OF 27
176	176	THE COMPLAINT , OR THE AUTHORIZED AG ENT OF THE RECORD OW NER AND 28
177	177	APPEARS TO BE ENTITL ED TO RELIEF UND ER THIS SECTION. 29
178	178
179	179	(2) IF VERIFIED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 30
180	180	SHERIFF SHALL , WITHOUT DELAY , SERVE NOTICE TO VACA TE THE PROPERTY 31
181	181	WITHIN 1 WEEK AFTER RECEIPT OF THE NOTIC E ON EACH UNAUTHORIZED 32 SENATE BILL 989 5
182	182
183	183
184	184	OCCUPANT AND SHALL P UT THE REGISTERED OWNER IN POSSESSION OF THE 1
185	185	PROPERTY AT THAT TIME. 2
186	186
187	187	(3) NOTICE POSTED ON THE PROPERTY UNDER SUBSECTION (D)(2) 3
188	188	OF THIS SECTION CREA TES A REBUTTABLE PRE SUMPTION THAT THE OC CUPANT, 4
189	189	UNLESS SPECIFICALLY AUTHORIZED BY THE PR OPERTY OWNER OR THE OWNER’S 5
190	190	AUTHORIZED AGENT , ENTERED THE DWELLING UNLAWFULLY AND IS NOT 6
191	191	AUTHORIZED TO BE ON THE PROPERT Y. 7
192	192
193	193	(H) (1) AN INDIVIDUAL REMOVED FROM A DWELL ING UNDER THIS 8
194	194	SECTION MAY BRING AN ACTION AGAINST A REGISTERED OWNER IF THE REMOVAL 9
195	195	WAS MADE IN BAD FAITH. 10
196	196
197	197	(2) A COURT MAY AWARD A PREVAILING PLAINTIFF IN A CASE 11
198	198	BROUGHT UNDER PARAGR APH (1) OF THIS SUBSECTION : 12
199	199
200	200	(I) COURT COSTS; 13
201	201
202	202	(II) REASONABLE ATTORNEY ’S FEES; 14
203	203
204	204	(III) RETURN OF POSSESSION OF THE DWELLING, IF 15
205	205	APPROPRIATE ; AND 16
206	206
207	207	(IV) ACTUAL DAMAGES FOR THE LOSS OF OR DAMAGE TO 17
208	208	FURNITURE, IMPLEMENTS , TOOLS, GOODS, EFFECTS, OR OTHER PERSONAL 18
209	209	PROPERTY INCURRED DURING THE IMPROPER REMOVAL OF THE PLAINTIFF FROM 19
210	210	THE PROPERTY , IF ANY. 20
211	211
212	212	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
213	213	October 1, 2025. 22