Title 8. Landlord and Tenant — Subtitle 9. Access to Legal Representation in Eviction Cases

Occupies a residential property under a claim of legal right other than owner, including:

Is a member of a household with an income that is not greater than 50% of the median income, adjusted for household size, in the State as determined by the United States Department of Health and Human Services or its successor.

Under the Program, MLSC shall provide for access to legal representation by a covered individual for a judicial or administrative proceeding to:

The access to legal representation under paragraph (1) of this subsection includes the first appeal of a decision in the proceeding if the designated organization determines that there are sufficient legal grounds for the appeal.

Under the Program, a designated organization shall ensure that a covered individual receives access to legal representation by an attorney in a proceeding as required under this subtitle as soon as possible after:

If feasible, legal representation required under this subsection should begin no later than the time of the covered individual’s first appearance in a proceeding.

Describing the legal rights of tenants and residents and the access to counsel established under this subtitle; and

Providing information on resources available to tenants and residents.

An eviction proceeding for a failure to pay rent under § 8–401 of this title;

An eviction proceeding for a tenant holding over under § 8–402 of this title;

An eviction proceeding for a breach of lease under § 8–402.1 of this title; and

A repossession proceeding under Title 8A, Subtitle 17 of this article.

Nonpayment of rent under § 8–401 of this title or § 8A–1701 of this article;

Holdover under § 8–402 of this title or § 8A–1702 of this article;

Breach of lease under § 8–402.1 of this title; and

Breach of rental agreement under § 8A–1703 of this article;

The Task Force consists of up to 15 members appointed by the Secretary of Housing and Community Development and shall include:

At least three members of the Task Force must be tenants whose income does not exceed 50% of the State median income adjusted for household size.

Except as provided in paragraph (2) of this subsection, a member of the Task Force:

May not receive compensation as a member of the Task Force; but

Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

A member of the Task Force described under subsection (b)(2) of this section may receive reasonable compensation, including a stipend, as determined by the Secretary of Housing and Community Development.

Evaluate the provision of services under this subtitle, including the performance of designated organizations and community groups;

Study potential funding sources; and

Make recommendations to improve the implementation of this subtitle, including necessary policy and statutory changes.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

Money received by the Division of Consumer Protection in the Office of the Attorney General from any final settlement or agreement with or judgment against a party relating to an investigation or enforcement of the Maryland Consumer Protection Act for an unfair, abusive, or deceptive trade practice for rental residential property, excluding any restitution and the costs of the action the Attorney General is entitled to recover;

Money appropriated in the State budget to the Fund;

Money distributed to the Fund under § 17–317 of the Commercial Law Article;

Interest earnings of the Fund; and

Any other money from any other source accepted for the benefit of the Fund.

Services provided by a designated organization or activity by a community group to implement the Program as provided in this subtitle, including all costs associated with required legal representation in any proceeding and any outreach and education activities;

If a local jurisdiction enacts a program authorized under this subtitle, services provided by the local jurisdiction to implement access to counsel in eviction proceedings as provided for in this subtitle, including all costs associated with required legal representation in any proceeding and any outreach and education activities;

Administrative expenses of MLSC; and

Expenses related to the study and evaluation of:

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any interest earnings of the Fund shall be credited to the Fund.

Expenditures from the Fund may be made only in accordance with the State budget.

For each of fiscal years 2024 through 2028, the Governor shall include in the annual budget bill an appropriation of $14,000,000 from the Fund to MLSC.