§ 8-211.1. Lead-based paint removal
West's Annotated Code of MarylandReal Property
MD Code, Real Property, § 8-211.1
§ 8-211.1. Lead-based paint removal
(a) Notwithstanding any provision of law or any agreement, whether written or oral, if a landlord fails to comply with the applicable risk reduction standard under § 6-815 or § 6-819 of the Environment Article, the tenant may deposit the tenant's rent in an escrow account with the clerk of the District Court for the district in which the premises are located.
(b) The right of a tenant to deposit rent in an escrow account does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.
(c) Money deposited in an escrow account shall be released under the following terms and conditions:
(d) A lessee may not be evicted, the tenancy may not be terminated, and the rent may not be raised for a lessee who elects to seek the remedies under this section. It shall be presumed that any attempt to evict the lessee, to terminate the tenancy, or to raise the rent, except for nonpayment of rent, within two months after compliance with the applicable risk reduction standard is in retaliation for the lessee's proceeding under this section and shall be void.
(e) This section shall preempt any public local law or ordinance concerning the deposit of rent into an escrow account based upon the existence of paint containing lead pigment on surfaces in or on a rental dwelling unit in the State and disposition of that rent.
Credits
Added by Acts 1973, c. 615. Amended by Acts 1977, c. 34, § 2; Acts 1978, c. 27; Acts 1997, c. 714, § 1, eff. Oct. 1, 1997; Acts 1999, c. 219, § 1, eff. Oct. 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000.
MD Code, Real Property, § 8-211.1, MD REAL PROP § 8-211.1
Current with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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