Title 14. Emergency Management — Subtitle 2. Civil Relief During Emergency Periods

suffers serious personal injury;

suffers extensive damage to property owned by the person; or

has an immediate family member who:

to provide for, strengthen, and expedite national defense when emergency conditions threaten the peace and security of the United States and the State; and

to enable the State to fulfill more successfully the requirements of national defense.

enforcement of civil liabilities against persons in emergency management service to enable them to devote their entire energy to the emergency management needs of the State and the United States;

enforcement of civil liabilities against persons suffering injury or damage to enable them to devote their entire energy to the cure or improvement of the injuries or damage suffered; and

legal proceedings and transactions that may prejudice the civil rights of persons in emergency management service or persons suffering injury or damage during the emergency period to which this subtitle is applicable.

the usual procedures of the court in which the proceedings are pending; or

the rules adopted by the court in which the proceedings are pending.

The period during which a person is a person in emergency management service or person suffering injury or damage is not included in computing any period of limitations applicable to bringing an action by or against:

Paragraph (1) of this subsection applies whether the cause of action accrues before the person becomes, or during the period that the person is, a person in emergency management service or person suffering injury or damage.

A period of limitations that begins or ends with the death of a person in emergency management service or person suffering injury or damage does not begin or end until the death:

Before a court enters judgment in a proceeding in any court in which the defendant fails to appear:

If the plaintiff does not file an affidavit in accordance with paragraph (1)(i) of this subsection, judgment may not be entered until the court:

The court on motion shall appoint an attorney to represent the defendant and to protect the defendant’s interests, if the defendant is a person in emergency management service or person suffering injury or damage.

Unless the court finds that the defendant is not a person in emergency management service or person suffering injury or damage, the court before entering judgment may require that the plaintiff file a bond approved by the court to indemnify the defendant against any loss or damage that the defendant may suffer because of the judgment if all or part of the judgment is later set aside.

The court may issue any other order or enter any judgment that the court considers necessary to protect the rights of the defendant under this subtitle.

If a person in emergency management service or person suffering injury or damage is party to a proceeding and does not personally appear in the proceeding or is not represented by an authorized attorney, the court may:

An attorney appointed under this subsection may not waive any right of the person for whom the attorney is appointed or bind the person by the attorney’s acts.

Not later than 90 days after a defendant ceased to be a person in emergency management service or person suffering injury or damage, the defendant or legal representative of the defendant may file with the court that entered a judgment against the defendant in a proceeding subject to this section a motion to open the judgment against the defendant if:

Vacating, setting aside, or reversing a judgment because of this subtitle does not impair any right or title acquired by a bona fide purchaser for value under the judgment.

At any stage of a proceeding in a court in which a person in emergency management service or person suffering injury or damage is a plaintiff or defendant:

A proceeding may be stayed under this subsection during the period that the plaintiff or defendant is, or within 60 days after the plaintiff or defendant ceased to be, a person in emergency management service or person suffering injury or damage.

The court need not issue a stay under this subsection if the court finds that being a person in emergency management service or person suffering injury or damage did not materially affect the ability of the plaintiff to prosecute the action or the ability of the defendant to conduct a defense.

a person failed to perform an obligation and a fine or penalty for nonperformance was incurred;

the fine or penalty was incurred during the period that the person was a person in emergency management service or person suffering injury or damage; and

the ability of the person to pay the fine or penalty or perform the obligation was materially impaired because the person was a person in emergency management service or person suffering injury or damage.

on its own initiative the court may:

subject to subsection (c) of this section, on motion of the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall:

for all or part of the period during which a person is, and for 3 months after the person ceased to be, a person in emergency management service or person suffering injury or damage; and

subject to the terms that the court considers just, including payment in installments in the amounts and at the times set by the court.

the rent for the premises does not exceed $150 per month; and

the premises are occupied for dwelling purposes by the spouse, children, or other dependents of the person in emergency management service or person suffering injury or damage.

In a proceeding affecting the right of possession:

The court need not stay the action if the court finds that the ability of a tenant to pay the agreed rent was not materially affected because the tenant was a person in emergency management service or person suffering injury or damage.

For nonpayment of an installment due under a contract for the purchase of real or personal property or a contract of lease or bailment with the option to purchase the property, a person or the person’s assignee may not exercise a right or option under the contract to rescind or terminate the contract or resume possession of the property if:

Paragraph (1) of this subsection does not apply if a court allows the person or the person’s assignee to exercise the right or option under the contract.

This subsection does not prevent the parties to a contract or their assignees from mutually agreeing in an executed writing, after the making of the contract and during or after the period that a party to the contract is a person in emergency management service, to:

After a hearing on the action:

The court need not stay the action if the court finds that the ability of the defendant to comply with the terms of the contract was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage.

is on real or personal property that is owned by a person when the person becomes a person in emergency management service or person suffering injury or damage;

originates before the person became a person in emergency management service or person suffering injury or damage; and

is secured by a mortgage, deed of trust, or other security in the nature of a mortgage.

In a proceeding in a court against a person in emergency management service or person suffering injury or damage to enforce an obligation subject to this section arising out of the nonpayment of a sum due under the obligation or arising out of a breach of the obligation that occurs before or during the period that the person is a person in emergency management service or person suffering injury or damage:

The court need not stay the proceeding if the court finds that the ability of the defendant to comply with the terms of the obligation was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage.

on which general or special taxes or assessments fall due but are not paid during the period a person is a person in emergency management service or person suffering injury or damage; and

that:

Except by order of court granted on motion by the collector of taxes or another officer whose duty is to enforce the collection of taxes or assessments, the property of a person in emergency management service or person suffering injury or damage may not be sold to enforce the collection of a tax or assessment, and a proceeding to enforce the collection of a tax or assessment may not be brought, if the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, files with the collector of taxes or other officer an affidavit that shows that:

The court may stay the proceedings or sale for a period not exceeding 6 months after the person owing the tax ceased to be a person in emergency management service or person suffering injury or damage.

Except as provided in paragraph (2) of this subsection, if by law property subject to this section is sold or forfeited to enforce the collection of a tax or assessment on the property, a person in emergency management service or person suffering injury or damage may redeem the property or bring an action to redeem the property not later than 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage.

Paragraph (1) of this subsection does not shorten any period for redemption provided by State law.

A lien for unpaid taxes or an unpaid assessment shall include any interest that accrues under this subsection.

If a person’s ability to pay income tax is materially impaired because the person is a person in emergency management service or person suffering injury or damage, the collection of income tax from that person that was due before the person became, or that falls due during the period that the person is, a person in emergency management service or person suffering injury or damage shall be deferred for a period not exceeding 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage.

If the collection of income taxes is deferred under this section, the running of a statute of limitations against the collection of those taxes is suspended for a period of 9 months after the person ceased to be a person in emergency management service or person suffering injury or damage.

Interest on the amount of tax due and unpaid does not accrue during the period that the collection of the tax is deferred under this section.

A penalty for nonpayment of tax does not accrue during the period that the collection of tax is deferred under this section.

In this section the following words have the meanings indicated.

“Declared State disaster or emergency” means any disaster or emergency event for which:

“Disaster– or emergency–related work” means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that is damaged, impaired, or destroyed by the declared State disaster or emergency.

“Disaster period” means a period that begins 10 days before the first day of the declared State disaster or emergency and extends for a period of 60 calendar days after the end of the declared State disaster or emergency.

“Out–of–state employee” means an employee who does not work in the State, except during a declared State disaster or emergency.

“Registered business” means a business entity that is currently registered to do business in the State before the declared State disaster or emergency.

State or local licensing or registration requirements;

State or county income taxes;

unemployment insurance contributions;

personal property tax; or

any requirement to collect and remit the sales and use tax.

An out–of–state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements.

An out–of–state business that employs an out–of–state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements with respect to any out–of–state employees.

An out–of–state business shall provide to the Comptroller a statement that the out–of–state business is in the State solely for purposes of performing disaster– or emergency–related work.

The statement required under paragraph (1) of this subsection shall include for the out–of–state business: