SPIRO T. AGNEW, Governor                        833

thereof, as last amended by Chapter 176 of the Acts of 1955, to
authorize a tenant of leased premises in Baltimore City to raise
certain defenses in actions based on rent due, to provide conditions
for this defense and rebuttal thereof, and authorize the issuance
of certain orders in such cases, and allowing a set-off under certain
circumstances for rent due. , PROVIDE FOR CERTAIN SAFE-
GUARDS FOR TENANTS UNDER CERTAIN CIRCUM-
STANCES, AND TO MAKE OTHER PROVISIONS IN RELA-
TION THERETO.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 459A be and it is hereby added to the Code of
Public Local Laws of Baltimore City (1949 Edition, being Article 4
of the Code of Public Local Laws of Maryland), title "Baltimore
City," subtitle "Landlord and Tenant," to follow immediately after
Section 459 thereof, as last amended by Chapter 176 of the Acts of
1955, and to read as follows:

459A.

(a)  In an action of distress for rent or in any complaint proceeds-
ing brought by a landlord to recover rent or the possession of leased
premises for nonpayment of rent (including a proceeding brought
under Section 456 hereof), where the property is leased for resi-
dential use for a term of one year or less, the tenant may assert as
a defense, in addition to any other defenses authorized by law, that
there exists upon the leased premises, or upon the common property
THE PROPERTY USED IN COMMON of which the leased prem-
ises form a part, a condition which constitutes, or if not promptly
corrected, will constitute, a fire hazard or a serious threat to the life,
health or safety of occupants thereof, including but not limited to, a
lack of heat or of running COLD AND HOT water or of light or of
electricity or of adequate sewage disposal facilities or an infestation
of rodents, or vermin.

(b)  The assertion of the defense provided for in subsection (a)
shall be conditioned upon the following:

(1)  Prior to the commencement of the action of distress for rent
or the complaint, the landlord or his agent was notified in writing
by certified mail of the aforesaid condition or conditions by the
tenant or was notified by a violation or condemnation notice from
an appropriate State or municipal agency, but that the landlord has
refused, or having a reasonable opportunity to do so, has failed to
remedy the same.

(2)  Payment by the tenant into court of the amount of rent

stated in the action of distress for rent to be in arrears or stated in

the complaint to be due and unpaid, FOUND BY THE COURT TO
BE DUE AND UNPAID, to be held by the Court pending the issu-
ance of an order under subsection (d) of this section.

(c)  It shall be a sufficient answer to such a defense if the land-
lord or his agent establishes that:

(1)  The condition or conditions alleged in the defense does not
in fact exist or that such condition or conditions have been removed
or remedied; or

(2)  Such condition or conditions have been caused by the tenant
or members of the family of such tenant or of their guests; or