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Session Laws, 1971
Volume 707, Page 1474   View pdf image
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1474                                Laws of Maryland                        [Ch. 687

the date, time and purpose of the hearing. Refusal by a party to
accept such notification or his unreasonable delay in accepting it
shall not bar any remedy to which the opposite party may otherwise
be entitled.

(k) No tenant shall be subject to an increase in rent, eviction
from the premises or decrease in services which by law are required
to be provided by the landlord, for a period of one year SIX MONTHS
following determination of the merits of the case by the court, unless
the court finds that the complaint or defense by the tenant has not
been raised in good faith, or unless the court finds that the rent has
been increased or the tenant evicted for good cause. AFTER A
PERIOD OF SIX MONTHS FOLLOWING THE DETERMINA-
TION OF THE MERITS OF THE INITIAL CASE BY THE
COURT, THE BURDEN OF PROOF SHALL BE ON THE TEN-
ANT.

(1)    Failure of the tenant to raise the complaint or defense in good
faith is not equivalent to failure to raise the complaint or defense
successfully. To raise the complaint or defense in good faith, the
tenant must merely have to have had the reasonable expectation that
such complaint or defense would be successful UNDER THIS ACT.

(2)    Good cause to evict or to raise the rent includes a finding
that:

a.    The condition or conditions which formed the basis of the
tenant's complaint or defense were caused by an act or omission
of the tenant or members of his family or his invitees or assignees,
but such acts or omissions are beyond those which constitute ordinary
wear and tear; or

b.    The landlord seeks in good faith to recover possession of the
property for his immediate personal use as a dwelling; or

c.    The landlord has contracted in good faith and in writing, to
sell the property for immediate personal use and occupancy as a
dwelling by the purchaser; or

d.    The landlord must increase the rent due to a substantial
increase in taxes or a substantial increase in maintenance or operat-
ing costs not associated with the condition or conditions asserted in
in any proceeding under this Act; or

e.    The landlord has completed a substantial capital improvement
of the leased premises or the property of which the leased premises
are a part and which improvement benefits the leased premises, but
that such improvement is not associated with the condition or con-
ditions asserted in any proceeding under this Act.

(3)    The provisions of this subsection (subsection (k) ) shall
apply also to a tenant who in good faith reports a potential housing
code violation to the appropriate State or municipal agency regardless
of his intent to proceed under any other portion of this Act EXCEPT
THAT NO LANDLORD SHALL BE BOUND NOT TO INCREASE
THE RENT OF SUCH A TENANT IN EXCESS OF ONE YEAR
SIX (6) MONTHS FOLLOWING THE DETERMINATION OF
THE MERITS OF THE INITIAL CASE BY THE COURT.
NOTHING IN THIS SUBSECTION SHALL ALTER THE LAND-
LORD'S OR TENANT'S RIGHT TO TERMINATE OR NOT


 

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Session Laws, 1971
Volume 707, Page 1474   View pdf image
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