Maryland Code, REAL PROPERTY 14-126
Terms Used In Maryland Code, REAL PROPERTY 14-126
- County: means a county of the State or Baltimore City. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means includes or including by way of illustration and not by way of limitation. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) “Emergency services” includes fire, rescue, and ambulance services and a mobile crisis team as defined in § 10-1401 of the Health – General Article.
(3) “Governing body” has the meaning stated in § 1-101 of the Local Government Article.
(4) “Municipality” has the meaning stated in § 1-101 of the Local Government Article.
(5) “Rental license” means any certificate, license, or permit required to rent residential real property issued by a county or a municipality.
(6) (i) “Short-term rental unit” means a residential dwelling unit or a portion of the unit used to provide housing for less than 31 consecutive days.
(ii) “Short-term rental unit” does not include a hotel or motel, boarding house, group residential facility for students, fraternity or sorority house, or similar housing.
(b) This section does not apply to a local law or ordinance governing:
(1) The installation and use of residential security alarm systems;
(2) The physical condition, sanitation, maintenance, or repair of real property, including vacant buildings;
(3) Parking enforcement;
(4) Calls to law enforcement concerning social gatherings or excessive noise that do not involve an offense set forth in the Criminal Law Article and are:
(i) Made with the intent to harass another; or
(ii) Knowingly false, as a whole or in material part; or
(5) Short-term rental units.
(c) (1) The governing body of a county or a municipality may not enact a local law or ordinance that:
(i) Establishes a threshold of requests to summon law enforcement or emergency services to a residential property as grounds for designating a property as a nuisance; or
(ii) Penalizes or authorizes a penalty against an operator, an owner, an owner-occupant, or a tenant for:
1. The act of summoning law enforcement or emergency services to a residential property; or
2. The actions of another individual to summon the assistance of law enforcement or emergency services to a residential property.
(2) There is a presumption that a local law or ordinance relating to summoning law enforcement or emergency services to a residential property is prohibited under paragraph (1)(ii) of this subsection if the local law or ordinance authorizes or requires:
(i) The assessment of a monetary penalty or fine on an operator, an owner, an owner-occupant, or a tenant;
(ii) The use of an action for repossession of a dwelling unit from a tenant or termination or nonrenewal of a tenant’s lease; or
(iii) The revocation, suspension, or nonrenewal of a rental license.
(d) An operator, an owner, an owner-occupant, or a tenant may raise the issue that a local law or ordinance is prohibited under subsection (c) of this section:
(1) As a defense to an action to enforce the local law or ordinance; or
(2) As an affirmative claim for damages resulting from the enforcement of the law or ordinance.
(e) If in any proceeding the court finds in favor of the operator, owner, owner-occupant, or tenant, the court may enter a judgment against the county or municipality attempting to enforce the prohibited local law or ordinance and award the operator, owner, owner-occupant, or tenant:
(1) Reasonable damages;
(2) Reasonable attorney’s fees;
(3) Court costs;
(4) Reinstatement of a rental license; and
(5) Other relief as deemed appropriate by the court.