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1329
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MARVIN MANDEL, Governor
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117B. [117B.
(a) Notwithstanding any provision of law or any
agreement, whether written or oral, if a lessor fails to
remove any and all lead—based paint from any interior,
exterior or other surface that is easily accessible to
children of a residential premise within twenty days
after notice that lead—based paint is present on such
surfaces, the lessee may deposit his rent into an escrow
account with the clerk of the District Court for the
political subdivision in which the premises are located.
The right of a lessee to deposit rent in an escrow
account shall not preclude him from pursuing any other
rights or remedies available to him at law or equity but
shall be in addition thereto.
(b) Moneys deposited in an escrow account shall be
released under the following terms and conditions:
(1) To the lessor upon certification by the
appropriate local health authority that the premises have
been inspected and that all lead—based paint violations
have been corrected; or
(ii) To the lessee or any other person who
has corrected the lead—based paint violations upon
presentation of a bill for the costs of correcting the
violations and a certification by the appropriate local
health authority that the premises have been inspected
and that all lead—based paint violations have been
corrected.
(c) No lessee may be evicted nor tenancy
terminated nor rent raised for lessee's electing to seek
the remedies hereunder. It shall be presumed that any
attempt to evict lessee, to terminate the tenancy or to
raise the rent, except for nonpayment of rent to escrow
agent, within two months after the certification that
violations have been corrected, is in retaliation for
lessee's proceeding hereunder and shall be null and
void.]
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SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 8—211.1 be and it is hereby added to Article -
Real Property, of the Annotated Code of Maryland (1974
Volume and 1976 Supplement) to read as follows:
Article - Real Property
8-211.1. FAILURE OF LESSOR TO REMOVE LEAD BASED PAINT;
RENT ESCROW.
(A) RIGHT OF LESSOR LESSEE.
NOTWITHSTANDING ANY PROVISION OF LAW OR ANY
AGREEMENT, WHETHER WRITTEN OR ORAL, IF A LESSOR FAILS TO
REMOVE ANY AND ALL LEAD BASED PAINT FROM ANY INTERIOR,
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