Marvin Mandel, Governor                        1053

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 9-14.1 be and it is hereby added to the Code of
Public Local Laws of Baltimore City (1969 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 9-14 thereof, and to read as follows:

9-14.1.

(a) In any written or oral lease or agreement for rental of a
dwelling intended for human habitation, the landlord shall be deemed
to covenant and warrant that the dwelling is fit for human habita-
tion. If the dwelling is not fit for human habitation, the tenant, in
addition to any remedies which he otherwise has, is entitled to the
following remedies: THAT SHALL BE EXERCISED WITHIN
THIRTY (30) DAYS OF OCCUPANCY:

(1)  An action or proceeding for breach of contract or warranty
which may include a prayer for recision of the contract;

(2)  Recision of the contract including the return of all deposits
and money towards rent. PAID DURING THE PERIOD OF THE
BREACH OF THE WARRANTY OF HABITABILITY AND
WITHIN THE THIRTY (30) DAYS OF OCCUPANCY PERIOD.

(b) "Dwelling" as used in this section, means a structure or that

part of a structure which is used for or is intended for use, as a home
or residence by one person or by two or more persons maintaining a
common household.

PROVIDED, HOWEVER, THAT NO ACTION OR PROCEED-
ING FOR BREACH OF THE WARRANTY OF HABITABILITY
SHALL BE INSTITUTED BY ANY TENANT UNLESS THE
LANDLORD HAS NOTICE OF THE CONDITIONS ON THE
PREMISES WHICH CONSTITUTE THE BREACH OF THE
WARRANTY OF HABITABILITY.

(B) DEFINITIONS

(1) FOR THE PURPOSE OF THIS SECTION "DWELLING"
SHALL MEAN A STRUCTURE OR THAT PART OF A STRUC-
TURE WHICH IS USED FOR OR IS INTENDED FOR USE, AS
A HOME OR RESIDENCE BY ONE PERSON OR BY TWO OR
MORE PERSONS MAINTAINING A COMMON HOUSEHOLD.

(2)  FOR THE PURPOSE OF THIS SECTION "NOTICE" SHALL
MEAN EITHER (A) A VIOLATION NOTICE FROM THE DE-
PARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
OR ANY OTHER MUNICIPAL OR GOVERNMENTAL AGENCY,
OR (B) A LETTER SENT BY THE TENANT OR HIS AGENT
TO THE LANDLORD BY CERTIFIED MAIL.

(3)  FOR THE PURPOSE OF THIS SECTION "FIT FOR
HUMAN HABITATION" SHALL MEAN THE PREMISES SHALL
NOT HAVE ANY CONDITIONS WHICH ENDANGER THE LIFE,
HEALTH AND SAFETY OF THE TENANTS, INCLUDING, BUT
NOT LIMITED TO VERMIN OR RODENT INFESTATION, LACK
OF SANITATION, LACK OF HEAT, LACK OF RUNNING
WATER, OR LACK OF ELECTRICITY.