Maryland has the lowest failure-to-pay rent eviction filing fee in the nation: $15 ($25 in Baltimore City), compared to the national average of $109. Not incidentally, Maryland also has the highest-in-the-nation eviction filing rate: more than six times the national average and more than twice the next-highest state. [ Source of this data, policy brief provided to us by Matt Hill of the Public Justice Center. The policy brief says that “ Princeton Eviction Lab” is a source for at least some of this data – but the things that look like links in the brief are not live, and otherwise, there are no sources ] 

To reduce the number of eviction filings and their impact on Maryland families and courts, the Governor has proposed the Renter’s Rights and Stabilization Act of 2024. The bill would have impacts in the following areas, among others: 

Court-Imposed Surcharges in Landlord‐Tenant Cases

The bill increases the maximum surcharge imposed by a district court as follows:

• From $8 to $93 for summary ejectment (failure to pay rent) cases, and 
• From $18 to $93 for tenant holding over or breach of lease cases that seek a judgment for possession of residential property against a residential tenant. 

The bill requires these surcharges to be assessed against a landlord and prohibits them from being awarded or assigned as a fee or cost against a residential tenant. 

Failure to Pay Rent – Procedures

The bill extends the minimum time period between the granting of a judgment of possession in favor of the landlord and the issuance of an execution of a warrant of restitution against the tenant from four days to seven days.

The bill requires the administrative judge of any district to stay the execution of a warrant of restitution in the event of extreme weather conditions, as specified under the bill, or due to any other state of emergency declared under specified provisions of the Public Safety Article.

Office of Tenants’ Rights

The bill establishes the Office of Tenants’ Rights (OTR) within the state Department of Housing and Community Development (DHCD) to 

• Ensure that tenants have access to educational resources to aid in understanding and exercising the tenants’ rights under State law;
• Provide tenants with information on how to report a violation of their legal rights as tenants and facilitate referrals of reported violations to appropriate enforcement agencies;
• Provide tenants with information on how to obtain financial counseling; and 
• Notify appropriate authorities regarding housing discrimination and other unfair or illegal housing practices. 

OTR must develop resources to aid tenants in understanding and exercising their legal rights as tenants. This is to include a Maryland Tenants’ Bill of Rights and a publicly accessible website to provide access to the Tenants’ Bill of Rights and other relevant informational resources. By June 1 each year, OTR must publish the Maryland Tenants’ Bill of Rights on its website.

In addition, OTR also must establish points of contact within the office and provide resources to facilitate access by tenants to credit counseling.

Statewide Rental Assistance Voucher Program

The bill alters the priority and criteria DHCD and each public housing agency must follow in awarding vouchers and housing assistance payments under the program. 

Specifically, the bill requires that DHCD and each public housing agency must equally prioritize 50% of vouchers/payments for families that include a child younger than age 5 or a pregnant individual. 

The remaining 50% of vouchers/payments generally continue to be prioritized as under current law, which includes prioritizing families that include children younger than age 18; the bill specifies that families prioritized under this category are those with a child who is at least age 5.

Residential Lease Requirements and Prohibitions

The bill decreases the maximum security deposit that may be imposed by a landlord from two months’ rent to one month’s rent.

The bill also expands the provisions that may not be included in a lease to include prohibitions against: 

• requiring a tenant to pay more than the sum of the security deposit and the first month’s rent in order to start the lease and occupy the premises; 
• waiving or placing conditions on a tenant’s right of first refusal; or 
• providing that a tenant is responsible or – or requiring a tenant to agree to be responsible for – payment of the surcharge assessed against the landlord by the District Court under the bill’s provisions. 

A lease also must include a copy of the most recent version of the Maryland Tenants’ Bill of Rights.

Transfer of Property – Right of First Refusal

Subject to some limitations and requirements, before the owner of a tenant-occupied property may transfer ownership, the owner must provide a tenant or a group of tenants notice and a bona fide offer to sell the property to the tenant or group of tenants.

In the Senate, the bill was sponsored by President Bill Ferguson at request of the Governor Moore’s Administration. There are eight co-sponsors as of February 19, 2024. A hearing is scheduled for February 29, 2024, at 1 pm in the Judicial Proceedings committee. 

In the House, the bill is sponsored by Speaker Adrienne Jones, at request of the Department of Housing and Community Development. It is co-sponsored by more than 40 delegates.