§ 14-126

Md. Code, Real Property § 14-126, under Article — Real Property.

Md. Code, Real Property § 14-126

(a) (1) In this section the following words have the meanings indicated.

(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 or enforce 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.