EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0989*
SENATE BILL 989
N1 5lr3470
By: Senators Charles and Watson
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Unauthorized Occupants – Sheriff’s Property Registry and 2
Removal 3
FOR the purpose of authorizing a sheriff of a county to establish an Unauthorized Occupant 4
Registry for residential real property located in the county for a certain purpose; 5
authorizing a residential property owner to enroll the property in a registry 6
established in accordance with this Act and to request the removal of an 7
unauthorized occupant from the property by a sheriff , subject to certain 8
requirements; authorizing an individual removed from a property in bad faith to 9
bring a certain civil action; and generally relating to removal of unauthorized 10
occupants from residential real property. 11
BY adding to 12
Article – Real Property 13
Section 14–132.1 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Real Property 19
14–132.1. 20
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “REGISTERED OWNER” MEANS AN OWNER OF RESIDENTIAL REAL 23
PROPERTY ENROLLED IN AN UNAUTHORIZED OCCUPANT REGISTRY. 24 2 SENATE BILL 989
(3) “REGISTRY” MEANS AN UNLAWFUL OCCUPANT REGISTRY 1
ESTABLISHED BY THE SHERIFF OF A COUNTY. 2
(B) THE SHERIFF OF A COUN TY MAY ESTABLISH AN UNAUTHORIZED 3
OCCUPANT REGISTRY IN ORDER TO FACILITATE THE RE MOVAL OF UNAUTHORIZE D 4
OCCUPANT S FROM DWELLINGS ON RESIDENTIAL PROPE RTY IN THE COUNTY. 5
(C) (1) AN OWNER OF RESIDENTIAL REAL PROPERTY THAT INCLUDES A 6
DWELLING MAY ENROLL THE PROPERTY IN A REGISTRY ESTABLISHED UNDER 7
SUBSECTION (B) OF THIS SECTION FOR THE COUNTY WHERE THE PROPERTY I S 8
LOCATED. 9
(2) (I) ENROLLMENT OF A PROPERTY IN A REGISTRY UNDER 10
PARAGRAPH (1) OF THIS SUBSECTION SHALL EXPIRE AFTER 6 MONTHS. 11
(II) A PROPERTY OWNER MAY R E–ENROLL A PROPERTY IN THE 12
REGISTRY ON EXPIRATION OF A 6–MONTH ENROLLMENT PER IOD. 13
(3) A SHERIFF MAY CHARGE A FEE FOR : 14
(I) THE INITIAL ENROLLMENT OF A PROPERTY IN A REGIST RY 15
ESTABLISHED UNDER TH IS SECTION; AND 16
(II) ANY SUBSEQUENT RE–ENROLLMENT OF THE PR OPERTY 17
THAT OCCURS AT LEAST 1 YEAR AFTER THE IMMEDIATELY PREC EDING 18
ENROLLMENT OR RE–ENROLLMENT OF THE PROPERTY . 19
(D) (1) A SHERIFF SHALL POST N OTICE ON EACH PROPERTY ENROLLED 20
IN A REGISTRY. 21
(2) NOTICE UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL: 22
(I) BE POSTED IN A CONSPICUOUS PLA CE ON THE PROPERTY ; 23
AND 24
(II) PROVIDE INFORMATION O N THE REMOVAL PROCESS FOR 25
ANY UNAUTHORIZED OCCUPANTS ON THE PROPERTY . 26
(E) THE OWNER OF RE SIDENTIAL PROPERTY ENROLLED IN A REGISTRY, OR 27
THE OWNER ’S AUTHORIZED AGENT , MAY REQUEST THE IMMEDIATE REMOVA L BY 28
THE SHERIFF OF ANY INDIVIDUAL OCCUPYING A DWELLING ON THE PROPERTY 29
WITHOUT AUTHORIZATIO N IF: 30 SENATE BILL 989 3
(1) THE REGISTERED OWNER HAS THE RIGHT TO OCCUPY THE 1
DWELLING; 2
(2) THE UNAUTHORIZED OCCU PANT UNLAWFULLY ENTE RED THE 3
DWELLING AND IS RESIDING OR O THERWISE REMAIN ING IN THE DWELLING; 4
(3) THE DWELLING WAS NOT OPEN TO MEMBERS OF T HE PUBLIC AT 5
THE TIME THE UNAUTHO RIZED OCCUPANT ENTERED ; 6
(4) THE REGISTERED OWNER OR THE OWNER’S AUTHORIZED AGENT 7
DIRECTED THE UNAUTHO RIZED OCCUPANT TO LE AVE THE DWELLING; 8
(5) THE UNAUTHORIZED OCCU PANT IS NOT A CURREN T OR FORMER 9
TENANT OF THE DWELLING UNDER A LEASE AGREEMENT AUTHORIZED BY THE 10
REGISTERED OWNER; 11
(6) THE UNAUTHORIZED OCCU PANT IS NOT A CURREN T OR FORMER 12
LAWFULLY RECORDED OWNER WITH ANY INTEREST IN THE PROPERTY OR THE 13
DWELLING AND IS NOT LISTED ON THE TITLE TO THE PROPERTY; 14
(7) THE UNAUTHORIZED OCCU PANT IS NOT A MEMBER OF THE 15
IMMEDIATE FAMILY OF THE REGISTERED OWNER OR ANY CO–OWNER OF THE 16
PROPERTY OR THE DWEL LING; AND 17
(8) THERE IS NO PENDING L ITIGATION RELATED TO THE PROPERTY 18
OR THE DWELLING BETW EEN THE UNAUTHORIZED OCCUPANT AND THE 19
REGISTERED OWNER OR ANY CO–OWNER OF THE PROPERT Y OR THE DWELLING . 20
(F) A REQUEST BY A REGISTERED OWNER TO IMMEDIATELY REMOV E AN 21
UNAUTHORIZED OCCUPAN T UNDER THIS SECTION SHALL BE SUBMITTED T O THE 22
SHERIFF IN SUBSTANTI ALLY THE FOLLOWING F ORM: 23
“REQUEST TO IMMEDIATELY REMOVE AN UNLAWFUL OCCUPANT OF 24
A RESIDENTIAL PROPERTY 25
I, THE REGISTERED OWNER OR AUTHORIZED AGENT OF THE REGISTERED OWNER OF 26
RESIDENTIAL REAL PROPERTY LOCATE D AT ____________________ (ADDRESS), 27
DECLARE UNDER THE PE NALTY OF PERJURY THA T (INITIAL EACH ITEM): 28
__ I AM THE REGISTERED OWNER OF THE PROPERT Y, OR THE AUTHORIZED AG ENT 29
OF THE REGISTERED OWNER. 30
4 SENATE BILL 989
__ THE REGISTERED OWNER PURCHASED THE PROPER TY ON ________________ 1
(DATE). 2
__ THE PROPERTY INCLUDES A RESIDENTIAL DWELLING. 3
__ THE UNAUTHORIZED OCCUPANT UNLAWFULLY ENTERED T HE DWELLING AND IS 4
RESIDING OR OTHERWIS E REMAINS IN THE DWELLING. 5
__ THE DWELLING WAS NOT OPEN TO MEMB ERS OF THE PUBLIC AT THE TIME THE 6
UNAUTHORIZED OCCUPAN T ENTERED. 7
__ I HAVE DIRECTED THE UN AUTHORIZED OCCUPANT , EITHER PERSONALLY OR 8
THROUGH AN AUTHORIZE D AGENT, TO LEAVE THE DWELLING AND THE 9
UNAUTHORIZED OCCUPAN T HAS NOT DONE SO . 10
__ THE UNAUTHORIZED OCCUPANT IS NOT A CURRENT OR FORMER TENANT OF THE 11
DWELLING UNDER A LEASE AGREEMENT , AND ANY LEASE THAT M AY BE PRODUCED 12
BY THE UNAUTHORIZED OCCUPANT IS FRAUDULE NT. 13
__ THE UNAUTHORIZED OCCUPANT IS NOT AN OWNER OR C O–OWNER OF THE 14
PROPERTY OR THE DWELLING AND HAS NOT BEEN LIS TED ON THE TITLE TO THE 15
PROPERTY, AND ANY TITLE OR OTHER ALLEG EDLY OFFICIAL COPY OF A PROPERLY 16
RECORDED INSTRUMENT IS THE RESULT OF TITLE FRAUD OR OTHER FRAUDULENT 17
ACTIVITY. 18
__ THE UNAUTHORIZED OCCU PANT IS NOT A MEMBER OF THE IMMEDIATE FAM ILY 19
OF THE REGISTERED OW NER OR ANY CO –OWNER OF THE PROPERTY OR THE 20
DWELLING. 21
__ THERE IS NO PENDING LITIGATION RELATED T O THE PROPERTY OR THE 22
DWELLING BETWEEN THE UNAUTHORIZED OCC UPANT AND THE REGISTERED 23
OWNER OR ANY CO–OWNER OF THE PROPERT Y OR THE DWELLING .”. 24
(G) (1) ON RECEIPT OF A REQUEST TO REMOVE AN UNAUTHORIZED 25
OCCUPANT, A SHERIFF SHALL VERIFY THAT THE PERSON MAKING THE RE QUEST IS 26
REGISTERED AS THE RE CORD OWNER OF THE PR OPERTY THAT IS THE S UBJECT OF 27
THE COMPLAINT , OR THE AUTHORIZED AG ENT OF THE RECORD OW NER AND 28
APPEARS TO BE ENTITL ED TO RELIEF UND ER THIS SECTION. 29
(2) IF VERIFIED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 30
SHERIFF SHALL , WITHOUT DELAY , SERVE NOTICE TO VACA TE THE PROPERTY 31
WITHIN 1 WEEK AFTER RECEIPT OF THE NOTIC E ON EACH UNAUTHORIZED 32 SENATE BILL 989 5
OCCUPANT AND SHALL P UT THE REGISTERED OWNER IN POSSESSION OF THE 1
PROPERTY AT THAT TIME. 2
(3) NOTICE POSTED ON THE PROPERTY UNDER SUBSECTION (D)(2) 3
OF THIS SECTION CREA TES A REBUTTABLE PRE SUMPTION THAT THE OC CUPANT, 4
UNLESS SPECIFICALLY AUTHORIZED BY THE PR OPERTY OWNER OR THE OWNER’S 5
AUTHORIZED AGENT , ENTERED THE DWELLING UNLAWFULLY AND IS NOT 6
AUTHORIZED TO BE ON THE PROPERT Y. 7
(H) (1) AN INDIVIDUAL REMOVED FROM A DWELL ING UNDER THIS 8
SECTION MAY BRING AN ACTION AGAINST A REGISTERED OWNER IF THE REMOVAL 9
WAS MADE IN BAD FAITH. 10
(2) A COURT MAY AWARD A PREVAILING PLAINTIFF IN A CASE 11
BROUGHT UNDER PARAGR APH (1) OF THIS SUBSECTION : 12
(I) COURT COSTS; 13
(II) REASONABLE ATTORNEY ’S FEES; 14
(III) RETURN OF POSSESSION OF THE DWELLING, IF 15
APPROPRIATE ; AND 16
(IV) ACTUAL DAMAGES FOR THE LOSS OF OR DAMAGE TO 17
FURNITURE, IMPLEMENTS , TOOLS, GOODS, EFFECTS, OR OTHER PERSONAL 18
PROPERTY INCURRED DURING THE IMPROPER REMOVAL OF THE PLAINTIFF FROM 19
THE PROPERTY , IF ANY. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22