SESSION REVIEW AND INDUSTRY IMPACT
The Maryland Building Industry Association reviewed 334 of the 2,334 bills introduced by the Senate and the House this year. MBIA took a position on a record 307 bills, submitted testimony on 186 bills and our members sent over 4,000 individual messages to our legislators. We are very proud of the successes we achieved during the 2021 Legislative Session and the MBIA Government Affairs team will continue to work hard on behalf of the building industry to make it easier for you to do your job.
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2021 SESSION RESULTS
Climate/ Environment
SB22 (HB407) - On-Site Sewage Disposal Systems- Inspection- Licensing
Bill requires MDE to adopt regulations to establish a license and training for inspecting on-site wastewter property transfer inspection licenses. In prior years, MBIA worked on minimizing the penalty for this provision. Language was also inserted adding the word "knowingly" when referring to violations.
Landlord/ Tenant
SB 70 (HB129) - Environment- Mold Inspections, Standards, Reporting and Penalties
Bill required MDE to adopt regulations for mold assesments and remediation. This includes annual mold inspections that would be conducted by the county on all rental units.
Landlord/ Tenant
SB 73 (HB239) - State Real Estate Commission- Property Managers- Registration
Requires a person who provides property management services to be registered as a property manager by the State Real Estate Commission.
Climate/ Environment
SB76 (HB33) - Climate Crisis and Education Act
Established a Climate Crisis Initiative in the Department of the Environment (Carbon Tax Bill)
Business and Labor/ Employment
SB93(HB294) - Business Occupations and Professions- Architects- Scope of Licensure
Increases from $5,000 to $25,000, the maximum estimated cost in labor and materials for the alterations of a certain existing building or structure for which a person is not required to employ a licensed architect.
Tax
SB113(HB262) - Opportunity Zone Tax Deduction Reform Act of 2021
Requires a person to add back to Maryland adjusted gross income or Maryland modified income the amount of the capital gains excluded under the federal Qualified Opportunity Zones Program.
Climate/ Environment
SB 119/ HB507 - Clean Water Commerce Act of 2021
This bill reauthorizes and modifies the Clean Water Commerce Act. As introduced, it would have diverted $20 million from the Bay Restoration Fund. AMENDED: As amended, the bill creates a new account within the Bay Restoration Fund. This fund must be used to purchase "environmental outcomes" to help the State achieve the Chesapeake Bay Total Maximum Daily Load.
Landlord/ Tenant
SB130 - Landlord and Tenant- Failure to Pay Rent- Fee Limit During Emergencies
Prohibits a landlord from assessing certain late fees for the failure of a tenant to pay rent under certain notices. The bills provision applied during a state of emergency, catastrophic public health emergency, or other similar event, as specified and for 9 months thereafter.
HOA/ Condo
SB144 (HB110) - Electric Vehicle Recharging Equipment for Multifamily Units Act
Establishes standards relating to the installation and use of electric vehicle recharging equipment in condominiums and homeowners associations.
Climate/ Environment
SB151(HB82) - Constitutional Amendment- Environmental Rights
Proposes a amendment to the Maryland Constitution to establish that every person has the fundamental and inalenable rights to a certain healthful
Landlord/ Tenant
SB154 (HB18) - Landlord and Tenant- Eviction Action- Right to Counsel
Establishes a right to legal representation for individuals (income no greater than 50% of the State median income) in certain landlord tenant cases ( action to evict covered individual and violations of other specified actions). The bill also establishes a task force and a special fund to provide funding for the program. Amendments change wording from "Right to legal representation" to "Access to legal representation". Changes from 5 to 10 days the number of days landlord needs to wait before filing for eviction
Business and Labor/ Employment
SB191 - Labor and Employment - Hiring- Higher Education Requirements
Prohibits an employer from developing or implementing an application (or hiring process) that uses a college or higher education degree as a limitation for who can apply for a specified position.
Climate/ Environment
SB227 (HB295) - Water Pollution- Stormwater Management Regulations and Watershed Implementation Plans- Review and Update
Requires MDE to update stormwater management regulations and criteria every five years to incorporate participation data. MDE must conduct public outreach. The bill was amended to include private sector on the group that must be included in the outreach.
Landlord/ Tenant
SB 232 (HB478) - Civil Cases- Surcharges
Increasing surcharges for certain civil cases in the circuit courts from $55 to $75 per case and in the the District Court from $8 to $13 per summary ejectment case and from $18 to $24 per case for all other civil cases; and prohibiting the surcharge for a summary ejectment case from being passed on to a tenant.
Climate/ Environment
SB324 (HB204) - Environment and Natural Resources- Complaints, Inspections, and Enforcement- Information Maintenance and Reporting
Establishes various tracking and reporting requirements for MDE and DNR with respect to the enforcement of environmental and natural resources laws.
Climate/ Environment
SB330 (HB469) - State - Funded Construction and Major Renovation Projects- Solar Panels- Requirement
Requires the that State funded school construction and major renovation projects that are carried out by State or local governments be designed, engineered, and constructed in a manner that allows the roof to withstand the weight of solar panels.
Climate/ Environment
SB334 (HB 76) - Water Pollution Control- Intervention in Civil Actions- Rights and Authority
Establishes that a person who meets the threshold standing requirements under the federal Clean Water Act has an unconditional right and the authority to intervene in a civil action initiated by the State in State court to require compliance with (1) Subtitle 3 of title 9 of the Environment Article, which governs water pollution control; (2) related regulations ; or (3) any related discharge permit, effluent limitation, or order issued by MDE. Amended to clarify that this only applies to cases initiated in court as well as who may intervene.
Housing and Community Development
SB367 - Housing and Community Development - Neighborhood Revitalization Programs- Application Requirements
Requires an application for the Community Legacy Program, the Neighborhood Business Development Program, and the Baltimore Regional Neighborhood Initiative Program within DHCD to include a letter of support from the legislative district
Landlord/ Tenant
SB401(HB104) - Landlord - Tenant- Nonrenewal of Lease- Notice Requirements
Alters the period of time to the expiration of a tenancy that a landlord is required to notify a tenant, in writing , of the intent to terminate a tenancy up expiration. As, introduced, extended the time from 30 to either 2 months or 3 months depending on how long tenant has occupied the premises. Amendment: Landlord must give 60 days notice for non renewal. Some exemptions for owners of 4 or less dwelling units.
Climate/ Environment
SB414 (HB583) - Climate Solutions Now Act
Requiring the State to reduce statewide greenhouse gas emissions by 60% from 2006 levels by 2030; requiring the State to achieve net-zero statewide greenhouse gas emissions by 2045; requires DOL to adopt regulations establishing certain energy conservation requirements for certain buildings by July 1, 2022; establish a goal of planning and helping to maintain in the state 5,000,000 sustainable trees by the end of 2030. Amended: change 60% to 50%, removed majority of building requirement, required state to adopt International Green Building Codes
Climate/ Environment
SB 418 - Maryland Energy Administration- Energy and Water Efficiency Standards- Alterations
Repealing provisions of law regarding the adoption of regulations establishing certain efficiency standards; repealing certain provisions of law prohibiting the sale or offering for sale of certain products
Landlord/ Tenant
SB454(HB52) - Real Property- Alterations in Actions for Repossession and Establishment of Eviction Diversion Program
Establishing the Eviction Diversion Program in the District Court to reduce the incidence of judgments for repossession of residential property and to promote continuity of housing
Climate/ Environment
SB 446 - MDE- Supplemental Enviro Projects Database
Requiring the Department of the Environment to create and maintain a database of supplemental environmental projects from which a person that violates the Environment Article may choose to undertake as part of a settlement or enforcement actions
Business and Labor/ Employment
SB486 (HB581) - Maryland Essential Workers Protection Act
Requiring each essential employer to take certain actions related to occupational safety and health during an emergency. Amendments: Change the definition of "State of Emergency" (will only apply during Catestrophic Health Emergency), changes definition and deletes list of "Essential Workers" (those that are identified as "Critical" during state of emergency), removed provision regarding "hazard pay"
Tax
SB511 - Corporate Tax Fairness Act
Requiring that certain sales of tangible personal property be included in the numerator of the sales factor used for apportioning a corporation's income to the State under certain circumstances
Climate/ Environment
SB528(HB512) - Coast Smart Siting and Design Criteria- Private Construction or Reconstruction Projects and Enforcement
Applying Coast Smart siting and design criteria to certain private construction or reconstruction projects beginning on July 1, 2022
Landlord/ Tenant
SB530(HB729) - Eviction Actions- Filing Surcharge and Prohibited Lease Provision
Increasing, from not more than $18 to not less than $120, the surcharge that the District Court is required to assess per civil case for summary ejectment, tenant holding over, and breach of lease that seeks a judgment for possession of residential property against a residential tenant
Other
SB551 - Workgroup on School Construction Incentives
Establishes a workgroup on School Construction Incentives to convene a group of stakeholders and make recommendations regarding incentives to encourage consideration of the long term effects of constructions decisions on school facilities.
Landlord/ Tenant
SB582(HB 719) - Commercial Tenants- Personal Liability Clauses- Enforceability
Provides that personal liability clause in a commercial lease may be unenforceable relating to COVID-19. Amendment: added language that the court must find that the applying the personal liability clause would be unjust
Housing and Community Development
SB636(HB1073 - Housing and Community Development- Neighborhood Revitalization - Passive House Pilot Program
Establishing the Passive House Pilot Program in the Department of Housing and Community Development to assist a nonprofit organization in partnership with neighboring high schools and institutes of higher education to provide students with career and technical educational experiences through the renovation of residential properties
Housing and Community Development
SB 659 (HB865) - Historic Revitalization Tax Credit- Small Commercial Projects - Alterations
Increasing from $4,000,000 to $5,000,000 the maximum aggregate amount of initial tax credit certificates that the Director of the Maryland Historic Trust may issue for certain small commercial projects
HOA/ Condo
SB 686(HB1023) - Real Property- Condominiums, Homeowners Associations, and Cooperative Housing Corporations- Virtual Meetings
Authorizing the governing body of a condominium, homeowners association, or cooperative housing corporation to authorize certain meetings to be conducted or attended by certain electronic means under certain circumstances
HOA/ Condo
SB 691( HB861) - Real Property- Landlord and Tenant - Reusable Tenant Screening reports
Requiring that a reusable tenant screening report contain certain information regarding a prospective tenant; requiring a landlord that does not accept a reusable tenant screening report to notify prospective tenants in a certain manner; does not require landlord to take a reusable tenant report
Climate/ Environment
SB701 (HB878) - Bay Restoration Fund- County Authority to Incur Indebtedness
Authorizing a county to borrow money and incur indebtedness through the issuance and sale of notes in anticipation of the receipt of the county's allocation of funds from the Bay Restoration Fund
Housing and Community Development
SB784(HB877) - Workgroup on Adaptive Reuse of Vacant Commercial Spaces
Establishing the Workgroup on Adaptive Reuse of Vacant Commercial Spaces to study the potential for conversion of vacant or underutilized commercial spaces into residential, mix-use, and commercial spaces in order to increase the affordable housing stock in the State; amendment includes Residential Construction representative on the workgroup
Other
SB781 (HB1095) - Real Property- Residential Contract of Sale- Buyer Identification
Authorizing a buyer who executes a residential contract of sale for a single family residential real property with a real estate broker to make a certain election
Business and Labor/ Employment
SB813 (HB1199) - Workers Compensation- Occupational Disease Presumptions- Covid 19
Providing that certain covered employees who are suffering from the effects of severe acute respiratory syndrome coronavirus are presumed, under certain circumstances, to have an occupational disease the was suffered in the line of duty or course of employment and is compensable in a certain manner
Other
SB843 (HB67) - I-495 and I-270 Public-Private Partnership - Partnership Agreement - Requirements (Maryland Department of Transportation Promises Act of 2021)
Prohibits the Board of Public Works from approving a public-private partnership agreement for the I-495 and I-270 PPP program unless the agreement includes certain provisions; Emergency bill
Tax
SB885 - Economic and Community Development- Income Tax Credit for Catalytic Revitalization Projects
Allowing a credit against the State income tax for certain rehabilitation expenses for certain catalytic revitalization projects; requiring the Secretary of Housing and Community Development to issue tax credit certificates in an amount equal to 20% of certain rehabilitation expenses, subject to certain limitations
Landlord/ Tenant
SB910(HB1312) - Covid-19 Eviction and Housing Relief Act of 2021
Makes numerous changes to and imposes various requirements relating to the eviction process in the State, including 1)establishes a Maryland Rent Relief fund 2) implements numerous requirements for landlords prior to initiating an eviction- related action; 3; establishes just cause eviction requirements and special affirmative defenses
Other
SB960(HB1373) - Highways- Public-Private Partnerships- Cultural Preservation
Prohibiting the Maryland Department of Transportation from acquiring a right-of-way or exercising eminent domain, and prohibiting a person from acquiring a right-of-way, for a highway project that encroaches on or adversely affects certain cultural and historic sites and properties unless the General Assembly approves the development of the project by a majority vote in each of the two Houses
Landlord/ Tenant
SB967 (HB50) - Landlord and Tenant- Residential Leases- Tenant Rights and Protections (Tenant Protection Act of 2021)
Requiring a landlord to make a certain disclosure to prospective tenants if the landlord uses a ratio utility billing system; requiring that a certain lease provision is unenforceable if a landlord fails to make a certain disclosure
Business and Labor/ Employment
HB64 - Labor and Employment- Occupational Safety and Health- Handwashing Facilities on Construction Sites
requiring employers operating construction sites in the State to provide an adequate handwashing facility on the construction sites
Landlord/ Tenant
HB112 - Residential Property- Eviction Proceedings- Sealing of Court Records
Requires the District Court to seal all court records relating to an eviction proceeding at certain periods of time after the final resolution of an eviction proceeding.
Tax
HB172 - Corporate income Tax- Combined Reporting and Subtraction Modification for Combined Groups of Corporations
Requires affiliated corporations to compute Maryland taxable income using combined reporting and creates a subtraction modification against the State income tax for certain deferred tax liabilities and assets.
Tax
HB 201 - Income Tax Rates- Capital Gains Income
Providing for an additional State individual income tax rate of 1% on net capital gains of individuals
Tax
HB 215 - Income Tax- Carried Interest- Additional Tax
Imposes a 17% State income tax on the distributive share of a pass-through entities taxable income that is attributable to investment management services provided in the state
Tax
HB229 - Corporate Income Tax- Throwback rule
Requires that certain sales of tangible property be included in the numerator of the sales factor used for apportioning a corporations' income to the state under certain circumstances.
Climate/ Environment
HB302 - Environment- On-Site Wastewater Services- Regulation
Establishes the State Board of On-Site Wastewater Professionals within the MDE to regulate and license individuals who perform on-site wastewater services in the State.
HOA/ Condo
HB313 - Cooperative Housing Corporations, Condominiums, and Home Owners Associations- Statewide Reserve Study
Requires an updated study every five years of the reserves needed for future major repairs and replacement of the common elements of a cooperative housing corporation or condominium, or the common areas of a homeowners association (HOA). Amendment: provides an exemption for HOA's that do not have recreational amenities or a private road.
Tax
HB330 - Effective Corporate Tax Rate Transparency Act of 2021
Requiring a publicly traded corporation that is required to file a Maryland income tax return to attach a statement identifying the corporation's effective tax rate and an explanation of the calculation of the effective tax rate
HOA/ Condo
HB352 - Real Property- Condominiums, Homeowners Associations- Governing Bodies and Annual Meetings
Requiring the governing body of a condominium to convene at least two meetings each year; requiring a developer of a condominium or a declarant of a homeowners association to convene a certain annual meeting under certain circumstances; requiring developer to disclose certain bonds
Tax
HB357 - Income Tax- Pass-Through Entity- Additional Tax
the purpose of imposing a certain income tax on income distributed to certain members of certain pass–through entities from the pass–through entity’s taxable income exceeding a certain amount; providing that the tax does not apply under certain circumstances.
HOA/ Condo
HB361 - Real Property - Governing Bodies of Common Ownership Communities - Member Training
Requiring each member of a board of directors or officer of a council of unit owners of a condominium and each member of a governing body of a homeowners association to successfully complete a certain training curriculum within 90 days after the individual is first elected.
Business and Labor/ Employment
HB395 - Business Regulation- Home Improvement Contracts- Deposits
Bill was combined with HB408. Increased from one-third to one half. For projects over $10,000 can collect when the project is complete or depending on when the agreed upon draw schedule is met.
Tax
HB435 - Opportunity Zone Tax Deduction Reform Act of 2021
Increasing the State income tax rate for an individual to 7% of Maryland taxable income in excess of $1,000,000; applying the Act to taxable years beginning after December 31, 2021
Other
HB451 - Real Property - Residential Rental Property Inspection- Remote Video Inspection
Requiring certain local jurisdictions to adopt provisions for the remote video inspection of certain residential rental property under certain circumstances; requiring a local provision adopted under the Act to be calculated to achieve a remote video inspection
Tax
HB495 - Income Tax- Internal Revenue Code Amendments and the Federal CARES Act- Decoupling
Prohibiting, except under certain circumstances, the retroactive application of certain amendments to the Internal Revenue Code to the determination of Maryland taxable income
Other
HB510 - Transportation- Private Sector Transportation Projects Ombudsman- Establishment
Establishing the office of Private Sector Transportation Projects Ombudsman within the Department of Transportation; requiring the Secretary of Transportation to designate an Ombudsman to respond to concerns, complaints, and inquiries from residents, local government officials, and other entities regarding private sector transportation projects being developed or tested within the State
Landlord/ Tenant
HB523 - Repossession for Failure to Pay Rent- Registration and License Information
As introduced, only applied to Baltimore City. Requiring a landlord, at the time of filing a certain complaint in an action for repossession for failure to pay rent in Baltimore City, to be in compliance with certain local license requirements and certain lead-based paint abatement law. Amended: to be a state wide bill (as opposed to Baltimore City only)
Business and Labor/ Employment
HB684 - Professional Land Surveyors- Surveying Practice- Definition and Licensing Exception
Altering the definition of "practice land surveying" for purposes of certain provisions of law governing professional land surveyors
Climate/ Environment
HB784 - Residential Construction- Eclectic Vehicle Charging
Requiring a builder of new housing units including single-family detached homes and townhomes or a builder's agent to provide each buyer or prospective buyer with the option to include on or in a garage, carport, or driveway an electric vehicle charging station or a dedicated electric line capable of providing at least level 2 charging
Landlord/ Tenant
HB785 - Landlord and Tenant- Commencement of action to Repossess for Failure to Pay Rent- Required Notice and Grace Period
Requiring a landlord or a duly authorized agent of a landlord to provide written notice to a tenant by first-class mail, return receipt requested if the landlord desires to repossess for failure to pay rent
Climate/ Environment
HB866 - Environment- Business Recycling Reporting Requirements
Requiring a business that generated recyclable material to submit a recycling report to the county on or before March 1 each year
Business and Labor/ Employment
HB923 - Labor and Employment- Worker Safety and Health- Injury and Illness Prevention Program
Requiring employers with 10 or more employees, or whose rate of work-related injury and illness exceeds the average incidence rate of all industries in the State to develop and implement a health and safety committee to promote health and safety in the workplace
Landlord/ Tenant
HB952 - Real Property- Sale of Apartment Facilities - Rights of Qualified Organization
Prohibiting an owner of an apartment facility from taking certain actions with regard to the sale of an apartment facility unless the owner complies with the requirements of the Act
Landlord/ Tenant
HB960 - Landlord and Tenant- Lease Agreements- Estoppel Certificates and Subordination, Non-Disturbance, and Attornment Agreements
Prohibiting a landlord from using a lease containing an estoppel certificate or a subordination, non-disturbance, and attornment agreement or requiring a tenant to agree to sign an estoppel certificate or a subordination, non-disturbance, and attornment agreement as a provision of a lease
Housing and Community Development
HB972 - Real Estate- Real Estate Brokerage Services- Prohibition (Workgroup to Study Real Estate Trust Money Distribution)
Prohibiting a real estate broker from providing brokerage services relating to any new transaction involving certain property until certain trust money has been distributed in accordance with certain provisions of law, under certain circumstances Amended to be a work group
Climate/ Environment
HB991 - Natural Resources- Forest Mitigation Banks- Qualified Preservation (Tree Solutions Now Act of 2021)
Establishing the use of qualified preservation in a forest mitigation bank of all or a part of certain existing forests as a standard for meeting afforestation or reforestation requirements under the Forest Conservation Act; defining the term "qualified preservation" as it applies to the Forest Conservation Act. Amended: added language from SB414 regarding planting of 5million trees by 2030
Landlord/ Tenant
HB1008 - Failure to Pay Rent Proceedings- Sealing of Court Records
Requiring the District Court to seal court records relating to a failure to pay rent proceeding if the proceeding does not result in a judgment of possession
Climate/ Environment
HB1069 - Water Supply- Private Well Safety Program
Establishes the Private Well Safety Program in MDE to address and manage the contamination of private water supply wells in the state. Amendment: Majority of the bill was struck, Requires the owner of residential rental property that is served by a private water supply well to provide for water quality testing every three years and disclose the results to current and prospective tenants.
Climate/ Environment
HB1078 - Attorney General- Climate Change Actions- Authorization
Authorizing the Attorney General to investigate, commence, and prosecute or defend any civil or criminal suit or action that holds accountable entities whose tortious or otherwise unlawful conduct has contributed to climate change through fraud, deception, or any other mechanism, action, inaction, or practice
Housing and Community Development
HB1090 - Mixed-Income Housing Act of 2021
Establishing that the purposes served and conditions of the Partnership Rental Housing Program of the Department of Housing and Community Development apply to households of middle income
Landlord/ Tenant
HB1102 - Commercial Tenants- Personal Liability Clauses- Enforceability and Landlord Relief
Providing that a certain personal liability clause in a commercial lease or associated document is unenforceable if, as a result of certain proclamations relating to the outbreak of COVID-19, a commercial tenant was required to cease certain operations or close to the public and the commercial tenant's default occurred between March 23, 2020, and September 30, 2020, inclusive
Climate/ Environment
HB1133 - Tree Planting- Urban Trees Program and Commission for the Innovation and Advancement of Carbon Markets and Sustainable Tree Plantings
Establishing the policy of the State to support and encourage certain tree-planting efforts, with a goal of planting and helping to maintain in the State 500,000 sustainable trees of species native to the State in underserved areas by the end of 2030
Business and Labor/ Employment
HB1171 - Labor and Employment- Maryland Employee Protection Plan for Vaccine Refusal
Prohibiting an employer from terminating an employee solely on the basis of the employee's refusal to receive a vaccination against COVID-19; specifying that an employee waives the right to file a civil action against the employer if the employee refuses to receive a certain vaccination and the employee contracts COVID-19 in the course of employment
Tax
HB1178 - Income Tax- Subtraction Modification- First-Time Homebuyer Savings Accounts
Providing that certain covered employees who are suffering from the effects of severe acute respiratory syndrome coronavirus 2 are presumed, under certain circumstances, to have an occupational disease the was suffered in the line of duty or course of employment and is compensable in a certain manner
Landlord/ Tenant
HB1218 - Landlord and Tenant- Estoppel Certificates- Notice of Receipt by Landlord
Requiring a landlord, not later than 15 days after receiving an estoppel certificate from a tenant, to send the tenant a written statement containing certain information; and requiring delivery of the statement by hand delivery or certified mail
Landlord/ Tenant
HB1220 - Landlord and Tenant- Cancellation or Renewal of Lease- Notification Requirement
Requiring a landlord that sends notification by e-mail about the cancellation or renewal of a lease to a tenant to also provide notification by first-class mail within 5 days following the date of the e-mailed notification
Landlord/ Tenant
HB1223 - Landlord and Tenant- Screening of Tenants and Renewal of Tenancy - Standards
Expanding the application of a certain requirement regarding the return of certain fees by a landlord; limiting the number of times that a certain landlord may require a prospective tenant to pay a fee arising out of an application within 60 days
Landlord/ Tenant
HB1273 - Real Property- Commercial Lease Addendum- Liquidated Damages
Requiring a landlord to pay $1,000 in liquidated damages to a tenant if the landlord violates the terms of an addendum to a commercial lease, unless a greater amount of liquidated damages are otherwise provided for under the terms of the lease agreement or the addendum
Landlord/ Tenant
HB1283 - Real Property- Residential Leases- Rent Restrictions
Prohibiting a landlord from increasing rent on a certain restricted rental unit by more than 0.4% each year, subject to certain exceptions
Housing and Community Development
HB1289 - Homestead Property Tax Credit- Notice Requirements and Application Waiver for First-Time Homebuyers
Requiring a contract for the sale of residential property to a certain first-time homebuyer in the State to include a certain statement relating to the homestead property tax credit
Landlord/ Tenant
HB1346 - Landlord and Tenant- Eviction Proceedings- Catastrophic Health Emergencies
Establishing that a substantial loss of income due to a declared catastrophic health emergency is an affirmative defense to an eviction proceeding against certain tenants for the failure to pay rent under certain circumstances
Landlord/ Tenant
HB1371 - Business Regulation- Landlord License
requiring a person to have a landlord license to do business as a landlord in the State; establishing a licensee fee of $2 per dwelling unit for rent up to a maximum of $100 for an applicant for a landlord license
LOCAL BILLS
Anne Arundel
SB 566 (HB933) - Anne Arundel County- Transfer Tax- Housing Trust Special Revenue Fund
Authorizes the Anne Arundel County Council to increase the rate of the transfer tax imposed on real property or a leasehold interest in real property for property over $1 Million. Amended to provide exemption for Affordable housing for moderate or low-income individuals in the county. Establishes the Housing Trust Special Revenue Fund.
Baltimore City
SB616 - Baltimore City- Soil Conservation District- Establish
Authorizes the Baltimore City Soil Conservation District to be established and continued with boundaries corresponding to the boundaries of Baltimore City
Wicomico County
SB 794(HB1179) - Wicomico County- Property Tax Credit- Hotel or Residential Development
Authorizing the governing body of Wicomico County or the governing body of a municipal corporation in Wicomico County to grant a property tax credit against the county or municipal corporation property tax imposed on real property that is used for certain hotel or residential development projects
Southern Maryland (Charles County)
SB 832 (HB1061) - Southern Maryland (Charles County) - Dwelling Registration and Inspection - Fees and Fines
Authorizes the county commissioners of a code home rule county of the Southern Maryland class (i.e. Charles County) to (1) require a property owner of a dwelling unit or multifamily dwelling to register the dwelling with the county (2) charge a fee for registering (3) conduct inspections of a dwelling unit (4)impose a fine.
Prince Georges
SB931 - Prince Georges County- School Facilities and Public Safety Surcharges and Report- Sunset Extension
Extending the date by which Prince George's County is required to report findings on the impact of the school facilities and public safety surcharges from December 1, 2020, to December 1, 2022; and extending the termination date from June 30, 2021, to June 30, 2024
Baltimore County
SB247 (HB247) - Baltimore County- Nuisance Actions- Community Association Standing
Altering the definitions of "community association" and "local code violation" for the purposes of certain provisions of law authorizing community associations to seek judicial relive for nuisance abatement in Baltimore County
Prince Georges
HB491 - Maryland- National Capital Park Planning Commissions- Prince Georges County- Concrete Batching Plants- Setback Requirements MC/PG 106-21
Requiring that certain concrete batching plants in Prince George's County constructed on or after October 1, 2021, comply with a certain setback requirement
Anne Arundel/ Prince Georges
HB524 - Anne Arundel County and Prince Georges County- Repossess for failure to Pay Rent- Rental Property License Information
Requiring a landlord or a landlord's duly authorized agent, at the time of filing a certain complaint for repossession for failure to pay rent in Anne Arundel County or Prince George's County, to submit for inspection by the clerk of the District Court records demonstrating that the property is compliant with certain rental property licensing requirements
St. Mary's County
HB528 - St. Mary's County- Repeal of Impact Fee- Authorization of Building Excise Tax
Repealing the authority of the County Commissioners of St. Mary's County to impose a development impact fee to finance the cost of certain facilities required to accommodate new construction or development; authorizing the county commissioners to impose a building excise tax on any building construction in the county;
Montgomery County
HB567 - Cooperative Housing Corps, Condos and HOA Reserve Studies
Requiring the governing body of certain cooperative housing corporations in Montgomery County to have a certain reserve study conducted of the common elements of the cooperative housing corporation within 5 years after the date of the initial reserve and updated at least every five years under certain circumstances
Montgomery County
HB574 - Montgomery County Stable Homes Act
Prohibits evictions of a tenant holding over beyond the expiration of a lease in the absence of just cause under certain circumstances.
Prince Georges
HB977 - Prince Georges County- Public Safety and Behavioral Health Surcharges- Behavioral Health Programs PG 414-21
Renaming the Public Safety Surcharge in Prince George's County imposed for certain residential construction to be the Public Safety and Behavioral Health Surcharge; and providing for an exemption to the public safety and behavioral health surcharge
Prince Georges
HB980 - Prince Georges County- Public Ethics- Definition of Application PG 416
Altering a certain definition of "application" to exclude participation in adopting and approving a countywide zoning map amendment, where the intent is to implement an approved general plan by repealing and replacing all zoning categories applicable to land in Prince George's County
Prince Georges
HB1010 - Prince George's County- Payment in Lieu of Taxes Agreements- Low Income Housing PG415-21
Authorizing the governing body of Prince George's County to enter into an agreement with an owner of real property who is engaged in constructing or operating housing structures or projects for the payment of a negotiated amount in lieu of county property taxes on the property
Baltimore City
HB1070 - Baltimore City- Landlord and Tenant- Repossession for Failure to Pay Rent
Repealing and adding certain provisions in the Public Local Laws of Baltimore City concerning landlord and tenant law and the repossession of rental property for failure to pay rent
Howard County
HB1285 - Howard County- Fee for Rental Housing Services- Established
the purpose of establishing a fee on rental housing licenses issued in Howard County for a certain purpose; requiring that the fee be at least a certain amount and paid at a certain time
Frederick County
Frederick- Transparency in Home Buying (Contract Lien Act)
Prohibits the use of Front Foot Benefits
Howard County
Ho.Co. 11-21 - Commercial Building Excise Tax- Board of Education Deferred Maintenance
authorizing the County Council of Howard County to impose a certain excise tax; requiring the County Council of Howard County to specify the types of buildings subject to a certain excise tax;
Howard County
Ho.Co. 12-21 - Fee-in-Lieu of Moderate Income Housing Units
FOR the purpose of prohibiting Howard County from authorizing payment of a fee–in–lieu of a requirement under local law that a developer provide moderate–income housing units in a new residential development project; and generally relating to moderate
Howard County
HB1190 - Howard County - Board of Education- Redetermination of Geographic Attendance Area Ho. Co. 05-21
Requires the Howard County Board of Education to submit specified reports to the General Assembly and the county delegation. This includes an annual report on the program capacity of each permanent school facility based on the rates set by the county board.
SB22 (HB407) - On-Site Sewage Disposal Systems- Inspection- Licensing
Bill requires MDE to adopt regulations to establish a license and training for inspecting on-site wastewter property transfer inspection licenses. In prior years, MBIA worked on minimizing the penalty for this provision. Language was also inserted adding the word "knowingly" when referring to violations.
Landlord/ Tenant
SB 70 (HB129) - Environment- Mold Inspections, Standards, Reporting and Penalties
Bill required MDE to adopt regulations for mold assesments and remediation. This includes annual mold inspections that would be conducted by the county on all rental units.
Landlord/ Tenant
SB 73 (HB239) - State Real Estate Commission- Property Managers- Registration
Requires a person who provides property management services to be registered as a property manager by the State Real Estate Commission.
Climate/ Environment
SB76 (HB33) - Climate Crisis and Education Act
Established a Climate Crisis Initiative in the Department of the Environment (Carbon Tax Bill)
Business and Labor/ Employment
SB93(HB294) - Business Occupations and Professions- Architects- Scope of Licensure
Increases from $5,000 to $25,000, the maximum estimated cost in labor and materials for the alterations of a certain existing building or structure for which a person is not required to employ a licensed architect.
Tax
SB113(HB262) - Opportunity Zone Tax Deduction Reform Act of 2021
Requires a person to add back to Maryland adjusted gross income or Maryland modified income the amount of the capital gains excluded under the federal Qualified Opportunity Zones Program.
Climate/ Environment
SB 119/ HB507 - Clean Water Commerce Act of 2021
This bill reauthorizes and modifies the Clean Water Commerce Act. As introduced, it would have diverted $20 million from the Bay Restoration Fund. AMENDED: As amended, the bill creates a new account within the Bay Restoration Fund. This fund must be used to purchase "environmental outcomes" to help the State achieve the Chesapeake Bay Total Maximum Daily Load.
Landlord/ Tenant
SB130 - Landlord and Tenant- Failure to Pay Rent- Fee Limit During Emergencies
Prohibits a landlord from assessing certain late fees for the failure of a tenant to pay rent under certain notices. The bills provision applied during a state of emergency, catastrophic public health emergency, or other similar event, as specified and for 9 months thereafter.
HOA/ Condo
SB144 (HB110) - Electric Vehicle Recharging Equipment for Multifamily Units Act
Establishes standards relating to the installation and use of electric vehicle recharging equipment in condominiums and homeowners associations.
Climate/ Environment
SB151(HB82) - Constitutional Amendment- Environmental Rights
Proposes a amendment to the Maryland Constitution to establish that every person has the fundamental and inalenable rights to a certain healthful
Landlord/ Tenant
SB154 (HB18) - Landlord and Tenant- Eviction Action- Right to Counsel
Establishes a right to legal representation for individuals (income no greater than 50% of the State median income) in certain landlord tenant cases ( action to evict covered individual and violations of other specified actions). The bill also establishes a task force and a special fund to provide funding for the program. Amendments change wording from "Right to legal representation" to "Access to legal representation". Changes from 5 to 10 days the number of days landlord needs to wait before filing for eviction
Business and Labor/ Employment
SB191 - Labor and Employment - Hiring- Higher Education Requirements
Prohibits an employer from developing or implementing an application (or hiring process) that uses a college or higher education degree as a limitation for who can apply for a specified position.
Climate/ Environment
SB227 (HB295) - Water Pollution- Stormwater Management Regulations and Watershed Implementation Plans- Review and Update
Requires MDE to update stormwater management regulations and criteria every five years to incorporate participation data. MDE must conduct public outreach. The bill was amended to include private sector on the group that must be included in the outreach.
Landlord/ Tenant
SB 232 (HB478) - Civil Cases- Surcharges
Increasing surcharges for certain civil cases in the circuit courts from $55 to $75 per case and in the the District Court from $8 to $13 per summary ejectment case and from $18 to $24 per case for all other civil cases; and prohibiting the surcharge for a summary ejectment case from being passed on to a tenant.
Climate/ Environment
SB324 (HB204) - Environment and Natural Resources- Complaints, Inspections, and Enforcement- Information Maintenance and Reporting
Establishes various tracking and reporting requirements for MDE and DNR with respect to the enforcement of environmental and natural resources laws.
Climate/ Environment
SB330 (HB469) - State - Funded Construction and Major Renovation Projects- Solar Panels- Requirement
Requires the that State funded school construction and major renovation projects that are carried out by State or local governments be designed, engineered, and constructed in a manner that allows the roof to withstand the weight of solar panels.
Climate/ Environment
SB334 (HB 76) - Water Pollution Control- Intervention in Civil Actions- Rights and Authority
Establishes that a person who meets the threshold standing requirements under the federal Clean Water Act has an unconditional right and the authority to intervene in a civil action initiated by the State in State court to require compliance with (1) Subtitle 3 of title 9 of the Environment Article, which governs water pollution control; (2) related regulations ; or (3) any related discharge permit, effluent limitation, or order issued by MDE. Amended to clarify that this only applies to cases initiated in court as well as who may intervene.
Housing and Community Development
SB367 - Housing and Community Development - Neighborhood Revitalization Programs- Application Requirements
Requires an application for the Community Legacy Program, the Neighborhood Business Development Program, and the Baltimore Regional Neighborhood Initiative Program within DHCD to include a letter of support from the legislative district
Landlord/ Tenant
SB401(HB104) - Landlord - Tenant- Nonrenewal of Lease- Notice Requirements
Alters the period of time to the expiration of a tenancy that a landlord is required to notify a tenant, in writing , of the intent to terminate a tenancy up expiration. As, introduced, extended the time from 30 to either 2 months or 3 months depending on how long tenant has occupied the premises. Amendment: Landlord must give 60 days notice for non renewal. Some exemptions for owners of 4 or less dwelling units.
Climate/ Environment
SB414 (HB583) - Climate Solutions Now Act
Requiring the State to reduce statewide greenhouse gas emissions by 60% from 2006 levels by 2030; requiring the State to achieve net-zero statewide greenhouse gas emissions by 2045; requires DOL to adopt regulations establishing certain energy conservation requirements for certain buildings by July 1, 2022; establish a goal of planning and helping to maintain in the state 5,000,000 sustainable trees by the end of 2030. Amended: change 60% to 50%, removed majority of building requirement, required state to adopt International Green Building Codes
Climate/ Environment
SB 418 - Maryland Energy Administration- Energy and Water Efficiency Standards- Alterations
Repealing provisions of law regarding the adoption of regulations establishing certain efficiency standards; repealing certain provisions of law prohibiting the sale or offering for sale of certain products
Landlord/ Tenant
SB454(HB52) - Real Property- Alterations in Actions for Repossession and Establishment of Eviction Diversion Program
Establishing the Eviction Diversion Program in the District Court to reduce the incidence of judgments for repossession of residential property and to promote continuity of housing
Climate/ Environment
SB 446 - MDE- Supplemental Enviro Projects Database
Requiring the Department of the Environment to create and maintain a database of supplemental environmental projects from which a person that violates the Environment Article may choose to undertake as part of a settlement or enforcement actions
Business and Labor/ Employment
SB486 (HB581) - Maryland Essential Workers Protection Act
Requiring each essential employer to take certain actions related to occupational safety and health during an emergency. Amendments: Change the definition of "State of Emergency" (will only apply during Catestrophic Health Emergency), changes definition and deletes list of "Essential Workers" (those that are identified as "Critical" during state of emergency), removed provision regarding "hazard pay"
Tax
SB511 - Corporate Tax Fairness Act
Requiring that certain sales of tangible personal property be included in the numerator of the sales factor used for apportioning a corporation's income to the State under certain circumstances
Climate/ Environment
SB528(HB512) - Coast Smart Siting and Design Criteria- Private Construction or Reconstruction Projects and Enforcement
Applying Coast Smart siting and design criteria to certain private construction or reconstruction projects beginning on July 1, 2022
Landlord/ Tenant
SB530(HB729) - Eviction Actions- Filing Surcharge and Prohibited Lease Provision
Increasing, from not more than $18 to not less than $120, the surcharge that the District Court is required to assess per civil case for summary ejectment, tenant holding over, and breach of lease that seeks a judgment for possession of residential property against a residential tenant
Other
SB551 - Workgroup on School Construction Incentives
Establishes a workgroup on School Construction Incentives to convene a group of stakeholders and make recommendations regarding incentives to encourage consideration of the long term effects of constructions decisions on school facilities.
Landlord/ Tenant
SB582(HB 719) - Commercial Tenants- Personal Liability Clauses- Enforceability
Provides that personal liability clause in a commercial lease may be unenforceable relating to COVID-19. Amendment: added language that the court must find that the applying the personal liability clause would be unjust
Housing and Community Development
SB636(HB1073 - Housing and Community Development- Neighborhood Revitalization - Passive House Pilot Program
Establishing the Passive House Pilot Program in the Department of Housing and Community Development to assist a nonprofit organization in partnership with neighboring high schools and institutes of higher education to provide students with career and technical educational experiences through the renovation of residential properties
Housing and Community Development
SB 659 (HB865) - Historic Revitalization Tax Credit- Small Commercial Projects - Alterations
Increasing from $4,000,000 to $5,000,000 the maximum aggregate amount of initial tax credit certificates that the Director of the Maryland Historic Trust may issue for certain small commercial projects
HOA/ Condo
SB 686(HB1023) - Real Property- Condominiums, Homeowners Associations, and Cooperative Housing Corporations- Virtual Meetings
Authorizing the governing body of a condominium, homeowners association, or cooperative housing corporation to authorize certain meetings to be conducted or attended by certain electronic means under certain circumstances
HOA/ Condo
SB 691( HB861) - Real Property- Landlord and Tenant - Reusable Tenant Screening reports
Requiring that a reusable tenant screening report contain certain information regarding a prospective tenant; requiring a landlord that does not accept a reusable tenant screening report to notify prospective tenants in a certain manner; does not require landlord to take a reusable tenant report
Climate/ Environment
SB701 (HB878) - Bay Restoration Fund- County Authority to Incur Indebtedness
Authorizing a county to borrow money and incur indebtedness through the issuance and sale of notes in anticipation of the receipt of the county's allocation of funds from the Bay Restoration Fund
Housing and Community Development
SB784(HB877) - Workgroup on Adaptive Reuse of Vacant Commercial Spaces
Establishing the Workgroup on Adaptive Reuse of Vacant Commercial Spaces to study the potential for conversion of vacant or underutilized commercial spaces into residential, mix-use, and commercial spaces in order to increase the affordable housing stock in the State; amendment includes Residential Construction representative on the workgroup
Other
SB781 (HB1095) - Real Property- Residential Contract of Sale- Buyer Identification
Authorizing a buyer who executes a residential contract of sale for a single family residential real property with a real estate broker to make a certain election
Business and Labor/ Employment
SB813 (HB1199) - Workers Compensation- Occupational Disease Presumptions- Covid 19
Providing that certain covered employees who are suffering from the effects of severe acute respiratory syndrome coronavirus are presumed, under certain circumstances, to have an occupational disease the was suffered in the line of duty or course of employment and is compensable in a certain manner
Other
SB843 (HB67) - I-495 and I-270 Public-Private Partnership - Partnership Agreement - Requirements (Maryland Department of Transportation Promises Act of 2021)
Prohibits the Board of Public Works from approving a public-private partnership agreement for the I-495 and I-270 PPP program unless the agreement includes certain provisions; Emergency bill
Tax
SB885 - Economic and Community Development- Income Tax Credit for Catalytic Revitalization Projects
Allowing a credit against the State income tax for certain rehabilitation expenses for certain catalytic revitalization projects; requiring the Secretary of Housing and Community Development to issue tax credit certificates in an amount equal to 20% of certain rehabilitation expenses, subject to certain limitations
Landlord/ Tenant
SB910(HB1312) - Covid-19 Eviction and Housing Relief Act of 2021
Makes numerous changes to and imposes various requirements relating to the eviction process in the State, including 1)establishes a Maryland Rent Relief fund 2) implements numerous requirements for landlords prior to initiating an eviction- related action; 3; establishes just cause eviction requirements and special affirmative defenses
Other
SB960(HB1373) - Highways- Public-Private Partnerships- Cultural Preservation
Prohibiting the Maryland Department of Transportation from acquiring a right-of-way or exercising eminent domain, and prohibiting a person from acquiring a right-of-way, for a highway project that encroaches on or adversely affects certain cultural and historic sites and properties unless the General Assembly approves the development of the project by a majority vote in each of the two Houses
Landlord/ Tenant
SB967 (HB50) - Landlord and Tenant- Residential Leases- Tenant Rights and Protections (Tenant Protection Act of 2021)
Requiring a landlord to make a certain disclosure to prospective tenants if the landlord uses a ratio utility billing system; requiring that a certain lease provision is unenforceable if a landlord fails to make a certain disclosure
Business and Labor/ Employment
HB64 - Labor and Employment- Occupational Safety and Health- Handwashing Facilities on Construction Sites
requiring employers operating construction sites in the State to provide an adequate handwashing facility on the construction sites
Landlord/ Tenant
HB112 - Residential Property- Eviction Proceedings- Sealing of Court Records
Requires the District Court to seal all court records relating to an eviction proceeding at certain periods of time after the final resolution of an eviction proceeding.
Tax
HB172 - Corporate income Tax- Combined Reporting and Subtraction Modification for Combined Groups of Corporations
Requires affiliated corporations to compute Maryland taxable income using combined reporting and creates a subtraction modification against the State income tax for certain deferred tax liabilities and assets.
Tax
HB 201 - Income Tax Rates- Capital Gains Income
Providing for an additional State individual income tax rate of 1% on net capital gains of individuals
Tax
HB 215 - Income Tax- Carried Interest- Additional Tax
Imposes a 17% State income tax on the distributive share of a pass-through entities taxable income that is attributable to investment management services provided in the state
Tax
HB229 - Corporate Income Tax- Throwback rule
Requires that certain sales of tangible property be included in the numerator of the sales factor used for apportioning a corporations' income to the state under certain circumstances.
Climate/ Environment
HB302 - Environment- On-Site Wastewater Services- Regulation
Establishes the State Board of On-Site Wastewater Professionals within the MDE to regulate and license individuals who perform on-site wastewater services in the State.
HOA/ Condo
HB313 - Cooperative Housing Corporations, Condominiums, and Home Owners Associations- Statewide Reserve Study
Requires an updated study every five years of the reserves needed for future major repairs and replacement of the common elements of a cooperative housing corporation or condominium, or the common areas of a homeowners association (HOA). Amendment: provides an exemption for HOA's that do not have recreational amenities or a private road.
Tax
HB330 - Effective Corporate Tax Rate Transparency Act of 2021
Requiring a publicly traded corporation that is required to file a Maryland income tax return to attach a statement identifying the corporation's effective tax rate and an explanation of the calculation of the effective tax rate
HOA/ Condo
HB352 - Real Property- Condominiums, Homeowners Associations- Governing Bodies and Annual Meetings
Requiring the governing body of a condominium to convene at least two meetings each year; requiring a developer of a condominium or a declarant of a homeowners association to convene a certain annual meeting under certain circumstances; requiring developer to disclose certain bonds
Tax
HB357 - Income Tax- Pass-Through Entity- Additional Tax
the purpose of imposing a certain income tax on income distributed to certain members of certain pass–through entities from the pass–through entity’s taxable income exceeding a certain amount; providing that the tax does not apply under certain circumstances.
HOA/ Condo
HB361 - Real Property - Governing Bodies of Common Ownership Communities - Member Training
Requiring each member of a board of directors or officer of a council of unit owners of a condominium and each member of a governing body of a homeowners association to successfully complete a certain training curriculum within 90 days after the individual is first elected.
Business and Labor/ Employment
HB395 - Business Regulation- Home Improvement Contracts- Deposits
Bill was combined with HB408. Increased from one-third to one half. For projects over $10,000 can collect when the project is complete or depending on when the agreed upon draw schedule is met.
Tax
HB435 - Opportunity Zone Tax Deduction Reform Act of 2021
Increasing the State income tax rate for an individual to 7% of Maryland taxable income in excess of $1,000,000; applying the Act to taxable years beginning after December 31, 2021
Other
HB451 - Real Property - Residential Rental Property Inspection- Remote Video Inspection
Requiring certain local jurisdictions to adopt provisions for the remote video inspection of certain residential rental property under certain circumstances; requiring a local provision adopted under the Act to be calculated to achieve a remote video inspection
Tax
HB495 - Income Tax- Internal Revenue Code Amendments and the Federal CARES Act- Decoupling
Prohibiting, except under certain circumstances, the retroactive application of certain amendments to the Internal Revenue Code to the determination of Maryland taxable income
Other
HB510 - Transportation- Private Sector Transportation Projects Ombudsman- Establishment
Establishing the office of Private Sector Transportation Projects Ombudsman within the Department of Transportation; requiring the Secretary of Transportation to designate an Ombudsman to respond to concerns, complaints, and inquiries from residents, local government officials, and other entities regarding private sector transportation projects being developed or tested within the State
Landlord/ Tenant
HB523 - Repossession for Failure to Pay Rent- Registration and License Information
As introduced, only applied to Baltimore City. Requiring a landlord, at the time of filing a certain complaint in an action for repossession for failure to pay rent in Baltimore City, to be in compliance with certain local license requirements and certain lead-based paint abatement law. Amended: to be a state wide bill (as opposed to Baltimore City only)
Business and Labor/ Employment
HB684 - Professional Land Surveyors- Surveying Practice- Definition and Licensing Exception
Altering the definition of "practice land surveying" for purposes of certain provisions of law governing professional land surveyors
Climate/ Environment
HB784 - Residential Construction- Eclectic Vehicle Charging
Requiring a builder of new housing units including single-family detached homes and townhomes or a builder's agent to provide each buyer or prospective buyer with the option to include on or in a garage, carport, or driveway an electric vehicle charging station or a dedicated electric line capable of providing at least level 2 charging
Landlord/ Tenant
HB785 - Landlord and Tenant- Commencement of action to Repossess for Failure to Pay Rent- Required Notice and Grace Period
Requiring a landlord or a duly authorized agent of a landlord to provide written notice to a tenant by first-class mail, return receipt requested if the landlord desires to repossess for failure to pay rent
Climate/ Environment
HB866 - Environment- Business Recycling Reporting Requirements
Requiring a business that generated recyclable material to submit a recycling report to the county on or before March 1 each year
Business and Labor/ Employment
HB923 - Labor and Employment- Worker Safety and Health- Injury and Illness Prevention Program
Requiring employers with 10 or more employees, or whose rate of work-related injury and illness exceeds the average incidence rate of all industries in the State to develop and implement a health and safety committee to promote health and safety in the workplace
Landlord/ Tenant
HB952 - Real Property- Sale of Apartment Facilities - Rights of Qualified Organization
Prohibiting an owner of an apartment facility from taking certain actions with regard to the sale of an apartment facility unless the owner complies with the requirements of the Act
Landlord/ Tenant
HB960 - Landlord and Tenant- Lease Agreements- Estoppel Certificates and Subordination, Non-Disturbance, and Attornment Agreements
Prohibiting a landlord from using a lease containing an estoppel certificate or a subordination, non-disturbance, and attornment agreement or requiring a tenant to agree to sign an estoppel certificate or a subordination, non-disturbance, and attornment agreement as a provision of a lease
Housing and Community Development
HB972 - Real Estate- Real Estate Brokerage Services- Prohibition (Workgroup to Study Real Estate Trust Money Distribution)
Prohibiting a real estate broker from providing brokerage services relating to any new transaction involving certain property until certain trust money has been distributed in accordance with certain provisions of law, under certain circumstances Amended to be a work group
Climate/ Environment
HB991 - Natural Resources- Forest Mitigation Banks- Qualified Preservation (Tree Solutions Now Act of 2021)
Establishing the use of qualified preservation in a forest mitigation bank of all or a part of certain existing forests as a standard for meeting afforestation or reforestation requirements under the Forest Conservation Act; defining the term "qualified preservation" as it applies to the Forest Conservation Act. Amended: added language from SB414 regarding planting of 5million trees by 2030
Landlord/ Tenant
HB1008 - Failure to Pay Rent Proceedings- Sealing of Court Records
Requiring the District Court to seal court records relating to a failure to pay rent proceeding if the proceeding does not result in a judgment of possession
Climate/ Environment
HB1069 - Water Supply- Private Well Safety Program
Establishes the Private Well Safety Program in MDE to address and manage the contamination of private water supply wells in the state. Amendment: Majority of the bill was struck, Requires the owner of residential rental property that is served by a private water supply well to provide for water quality testing every three years and disclose the results to current and prospective tenants.
Climate/ Environment
HB1078 - Attorney General- Climate Change Actions- Authorization
Authorizing the Attorney General to investigate, commence, and prosecute or defend any civil or criminal suit or action that holds accountable entities whose tortious or otherwise unlawful conduct has contributed to climate change through fraud, deception, or any other mechanism, action, inaction, or practice
Housing and Community Development
HB1090 - Mixed-Income Housing Act of 2021
Establishing that the purposes served and conditions of the Partnership Rental Housing Program of the Department of Housing and Community Development apply to households of middle income
Landlord/ Tenant
HB1102 - Commercial Tenants- Personal Liability Clauses- Enforceability and Landlord Relief
Providing that a certain personal liability clause in a commercial lease or associated document is unenforceable if, as a result of certain proclamations relating to the outbreak of COVID-19, a commercial tenant was required to cease certain operations or close to the public and the commercial tenant's default occurred between March 23, 2020, and September 30, 2020, inclusive
Climate/ Environment
HB1133 - Tree Planting- Urban Trees Program and Commission for the Innovation and Advancement of Carbon Markets and Sustainable Tree Plantings
Establishing the policy of the State to support and encourage certain tree-planting efforts, with a goal of planting and helping to maintain in the State 500,000 sustainable trees of species native to the State in underserved areas by the end of 2030
Business and Labor/ Employment
HB1171 - Labor and Employment- Maryland Employee Protection Plan for Vaccine Refusal
Prohibiting an employer from terminating an employee solely on the basis of the employee's refusal to receive a vaccination against COVID-19; specifying that an employee waives the right to file a civil action against the employer if the employee refuses to receive a certain vaccination and the employee contracts COVID-19 in the course of employment
Tax
HB1178 - Income Tax- Subtraction Modification- First-Time Homebuyer Savings Accounts
Providing that certain covered employees who are suffering from the effects of severe acute respiratory syndrome coronavirus 2 are presumed, under certain circumstances, to have an occupational disease the was suffered in the line of duty or course of employment and is compensable in a certain manner
Landlord/ Tenant
HB1218 - Landlord and Tenant- Estoppel Certificates- Notice of Receipt by Landlord
Requiring a landlord, not later than 15 days after receiving an estoppel certificate from a tenant, to send the tenant a written statement containing certain information; and requiring delivery of the statement by hand delivery or certified mail
Landlord/ Tenant
HB1220 - Landlord and Tenant- Cancellation or Renewal of Lease- Notification Requirement
Requiring a landlord that sends notification by e-mail about the cancellation or renewal of a lease to a tenant to also provide notification by first-class mail within 5 days following the date of the e-mailed notification
Landlord/ Tenant
HB1223 - Landlord and Tenant- Screening of Tenants and Renewal of Tenancy - Standards
Expanding the application of a certain requirement regarding the return of certain fees by a landlord; limiting the number of times that a certain landlord may require a prospective tenant to pay a fee arising out of an application within 60 days
Landlord/ Tenant
HB1273 - Real Property- Commercial Lease Addendum- Liquidated Damages
Requiring a landlord to pay $1,000 in liquidated damages to a tenant if the landlord violates the terms of an addendum to a commercial lease, unless a greater amount of liquidated damages are otherwise provided for under the terms of the lease agreement or the addendum
Landlord/ Tenant
HB1283 - Real Property- Residential Leases- Rent Restrictions
Prohibiting a landlord from increasing rent on a certain restricted rental unit by more than 0.4% each year, subject to certain exceptions
Housing and Community Development
HB1289 - Homestead Property Tax Credit- Notice Requirements and Application Waiver for First-Time Homebuyers
Requiring a contract for the sale of residential property to a certain first-time homebuyer in the State to include a certain statement relating to the homestead property tax credit
Landlord/ Tenant
HB1346 - Landlord and Tenant- Eviction Proceedings- Catastrophic Health Emergencies
Establishing that a substantial loss of income due to a declared catastrophic health emergency is an affirmative defense to an eviction proceeding against certain tenants for the failure to pay rent under certain circumstances
Landlord/ Tenant
HB1371 - Business Regulation- Landlord License
requiring a person to have a landlord license to do business as a landlord in the State; establishing a licensee fee of $2 per dwelling unit for rent up to a maximum of $100 for an applicant for a landlord license
LOCAL BILLS
Anne Arundel
SB 566 (HB933) - Anne Arundel County- Transfer Tax- Housing Trust Special Revenue Fund
Authorizes the Anne Arundel County Council to increase the rate of the transfer tax imposed on real property or a leasehold interest in real property for property over $1 Million. Amended to provide exemption for Affordable housing for moderate or low-income individuals in the county. Establishes the Housing Trust Special Revenue Fund.
Baltimore City
SB616 - Baltimore City- Soil Conservation District- Establish
Authorizes the Baltimore City Soil Conservation District to be established and continued with boundaries corresponding to the boundaries of Baltimore City
Wicomico County
SB 794(HB1179) - Wicomico County- Property Tax Credit- Hotel or Residential Development
Authorizing the governing body of Wicomico County or the governing body of a municipal corporation in Wicomico County to grant a property tax credit against the county or municipal corporation property tax imposed on real property that is used for certain hotel or residential development projects
Southern Maryland (Charles County)
SB 832 (HB1061) - Southern Maryland (Charles County) - Dwelling Registration and Inspection - Fees and Fines
Authorizes the county commissioners of a code home rule county of the Southern Maryland class (i.e. Charles County) to (1) require a property owner of a dwelling unit or multifamily dwelling to register the dwelling with the county (2) charge a fee for registering (3) conduct inspections of a dwelling unit (4)impose a fine.
Prince Georges
SB931 - Prince Georges County- School Facilities and Public Safety Surcharges and Report- Sunset Extension
Extending the date by which Prince George's County is required to report findings on the impact of the school facilities and public safety surcharges from December 1, 2020, to December 1, 2022; and extending the termination date from June 30, 2021, to June 30, 2024
Baltimore County
SB247 (HB247) - Baltimore County- Nuisance Actions- Community Association Standing
Altering the definitions of "community association" and "local code violation" for the purposes of certain provisions of law authorizing community associations to seek judicial relive for nuisance abatement in Baltimore County
Prince Georges
HB491 - Maryland- National Capital Park Planning Commissions- Prince Georges County- Concrete Batching Plants- Setback Requirements MC/PG 106-21
Requiring that certain concrete batching plants in Prince George's County constructed on or after October 1, 2021, comply with a certain setback requirement
Anne Arundel/ Prince Georges
HB524 - Anne Arundel County and Prince Georges County- Repossess for failure to Pay Rent- Rental Property License Information
Requiring a landlord or a landlord's duly authorized agent, at the time of filing a certain complaint for repossession for failure to pay rent in Anne Arundel County or Prince George's County, to submit for inspection by the clerk of the District Court records demonstrating that the property is compliant with certain rental property licensing requirements
St. Mary's County
HB528 - St. Mary's County- Repeal of Impact Fee- Authorization of Building Excise Tax
Repealing the authority of the County Commissioners of St. Mary's County to impose a development impact fee to finance the cost of certain facilities required to accommodate new construction or development; authorizing the county commissioners to impose a building excise tax on any building construction in the county;
Montgomery County
HB567 - Cooperative Housing Corps, Condos and HOA Reserve Studies
Requiring the governing body of certain cooperative housing corporations in Montgomery County to have a certain reserve study conducted of the common elements of the cooperative housing corporation within 5 years after the date of the initial reserve and updated at least every five years under certain circumstances
Montgomery County
HB574 - Montgomery County Stable Homes Act
Prohibits evictions of a tenant holding over beyond the expiration of a lease in the absence of just cause under certain circumstances.
Prince Georges
HB977 - Prince Georges County- Public Safety and Behavioral Health Surcharges- Behavioral Health Programs PG 414-21
Renaming the Public Safety Surcharge in Prince George's County imposed for certain residential construction to be the Public Safety and Behavioral Health Surcharge; and providing for an exemption to the public safety and behavioral health surcharge
Prince Georges
HB980 - Prince Georges County- Public Ethics- Definition of Application PG 416
Altering a certain definition of "application" to exclude participation in adopting and approving a countywide zoning map amendment, where the intent is to implement an approved general plan by repealing and replacing all zoning categories applicable to land in Prince George's County
Prince Georges
HB1010 - Prince George's County- Payment in Lieu of Taxes Agreements- Low Income Housing PG415-21
Authorizing the governing body of Prince George's County to enter into an agreement with an owner of real property who is engaged in constructing or operating housing structures or projects for the payment of a negotiated amount in lieu of county property taxes on the property
Baltimore City
HB1070 - Baltimore City- Landlord and Tenant- Repossession for Failure to Pay Rent
Repealing and adding certain provisions in the Public Local Laws of Baltimore City concerning landlord and tenant law and the repossession of rental property for failure to pay rent
Howard County
HB1285 - Howard County- Fee for Rental Housing Services- Established
the purpose of establishing a fee on rental housing licenses issued in Howard County for a certain purpose; requiring that the fee be at least a certain amount and paid at a certain time
Frederick County
Frederick- Transparency in Home Buying (Contract Lien Act)
Prohibits the use of Front Foot Benefits
Howard County
Ho.Co. 11-21 - Commercial Building Excise Tax- Board of Education Deferred Maintenance
authorizing the County Council of Howard County to impose a certain excise tax; requiring the County Council of Howard County to specify the types of buildings subject to a certain excise tax;
Howard County
Ho.Co. 12-21 - Fee-in-Lieu of Moderate Income Housing Units
FOR the purpose of prohibiting Howard County from authorizing payment of a fee–in–lieu of a requirement under local law that a developer provide moderate–income housing units in a new residential development project; and generally relating to moderate
Howard County
HB1190 - Howard County - Board of Education- Redetermination of Geographic Attendance Area Ho. Co. 05-21
Requires the Howard County Board of Education to submit specified reports to the General Assembly and the county delegation. This includes an annual report on the program capacity of each permanent school facility based on the rates set by the county board.