In this subtitle the following words have the meanings indicated. “Community group” means a nonprofit entity with the capacity to conduct tenant outreach and provide engagement, education, and information. “Covered individual” means an individual who: Occupies a residential property under a claim of legal right other than owner, including: A tenant in a building owned, operated, or managed by a public housing authority; and An individual who occupies premises of a mobile home park under Title 8A of this article; and 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. “Designated organization” means a nonprofit entity designated by MLSC with the ability to provide legal representation to covered individuals. “Fund” means the Access to Counsel in Evictions Special Fund. “Legal representation” includes all representation by an attorney beyond brief legal advice and is not limited to the formal entry of appearance in court. “MLSC” means the Maryland Legal Services Corporation. “Program” means the Access to Counsel in Evictions Program. “Resident” has the meaning stated in § 8A–101 of this article. “Task Force” means the Access to Counsel in Evictions Task Force.

A covered individual shall have access to legal representation as provided under this subtitle.

There is an Access to Counsel in Evictions Program administered by MLSC. The purpose of the Program is to organize and direct services and resources in order to provide all covered individuals in the State with access to legal representation as required under this subtitle.

Under the Program, MLSC shall provide for access to legal representation by a covered individual for a judicial or administrative proceeding to: Evict or terminate the tenancy or housing subsidy of a covered individual; or Repossess the premises of a covered individual under Title 8A of this article. 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: A landlord provides notice to terminate a tenancy; The initiation of an eviction proceeding; or The determination by a designated organization that a proceeding related to a constructive eviction on behalf of a covered individual should be initiated. 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. MLSC may contract with a designated organization to provide all or part of the services required under this section.

MLSC shall develop an informational pamphlet in both English and other languages MLSC determines appropriate: 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. A sheriff or constable shall provide a copy of the pamphlet described under subsection (a) of this section in addition to the process served on a tenant, an assignee, or a subtenant in accordance with the following provisions of this article: 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.

MLSC shall designate and contract with appropriate community groups to conduct outreach and provide education to tenants and residents locally and throughout the State regarding the rights and access to legal representation under this subtitle.

On or before August 31 each year, MLSC shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information for the immediately preceding fiscal year: The number of cases in which a covered individual was provided legal representation, disaggregated by case type, including: 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 amount paid to attorneys for each case managed; The geographic distribution of cases; Data on the disposition of cases decided; The amount of State and federal funds allocated to each designated organization; and The number of covered individuals provided legal representation for multiple cases.

There is an Access to Counsel in Evictions Task Force. The Task Force consists of up to 15 members appointed by the Secretary of Housing and Community Development and shall include: At least two representatives of the Maryland State Bar Association; At least two representatives of tenant advocacy groups or designated organizations; At least two representatives of the Judiciary; At least two representatives of community groups; At least two representatives of landlords; Representatives of MLSC; and Tenants and other interested citizens. 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. The Secretary of Housing and Community Development shall designate the chair of the Task Force. The Department of Housing and Community Development shall provide staff for the Task Force. 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. The Task Force shall: 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. On or before January 1, 2026, the Task Force shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. The Task Force may apply for grants from public and private entities to carry out the duties of the Task Force.

There is an Access to Counsel in Evictions Special Fund. The purpose of the Fund is to provide funding to fully implement access to legal representation in evictions and other related proceedings in the State. MLSC shall administer the Fund. 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. The Fund consists of: 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. The Fund may be used only for: 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: Services and activities provided under this subtitle; and Funding amounts and sources necessary to fully effectuate access to counsel in eviction proceedings. 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. Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for civil legal services from any other source.

Legal representation as required under this subtitle shall be phased in over time in a manner that MLSC determines appropriate with the goal of full implementation before October 1, 2025. Priority in funding during the phase–in period will be given to tenants in a local jurisdiction that provides or agrees to provide significant additional local funding to effectuate access to counsel in eviction proceedings in the local jurisdiction. Access to legal representation under this subtitle is subject to the availability of funding.

A local jurisdiction may enact a local law providing for legal representation in eviction proceedings filed in the local jurisdiction. If a local jurisdiction enacts a local law under subsection (a) of this section providing for legal representation in eviction proceedings substantially similar to that described in this subtitle, MLSC shall direct funding that would have been allocated under this subtitle for the benefit of that local jurisdiction’s tenants to the local program.