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MARVIN MANDEL, Governor 2413
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WHEREAS, In the second sentence in subsection (f) of
§8-211, added in the Real Property Article by Chapter
414, Acts of 1975, "rebuttal" should be "rebuttable".
Chapter 479, Acts of 1976, adds a new Title 8A in
the Real Property Article. Subsection (a) of §8A-101
begins "in this subtitle". The word "subtitle" should be
"Title".
In the last sentence in subsection (b) of §9-103 in
the Real Property Article, enacted by Chapter 349, Acts
of 1976, the word "or" between "otherwise" and "entitled"
should be deleted.
Chapter 348, Acts of 1976, eliminated "or bylaws,"
(including the comma) following "declaration" in the
first sentence in subsection (a) of §11—108 in the Real
Property Article. The comma really should not have been
eliminated; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 8-211(f), 8A-101(a), 9-103(b),
and 11-108(a) or Article - Real Property, of the
Annotated Code of Maryland (1974 Volume and 1976
Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:
Article - Real Property
8-211.
(f) This section does not provide a remedy for the
landlord's failure to repair and eliminate minor defects
or, in those locations governed by such codes, housing
code violations of a nondangerous nature. There is a
[rebuttal] REBUTTABLE presumption that the following
conditions, when they do not present a serious and
substantial threat to the life, health and safety of the
occupants, are not covered by this section:
(1) Any defect which merely reduces the
aesthetic value of the leased premises, such as the lack
of fresh paint, rugs, carpets, paneling or other
decorative amenities; or
(2) Small cracks in the walls, floors or
ceilings; or
(3) The absence of linoleum or tile upon the
floors, provided that they are otherwise safe and
structurally sound; or
(4) The absence of air conditioning.
8A-101.
(a) In this [subtitle] TITLE the following words
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