1264                                      LAWS OF MARYLAND                                Ch. 612

CHAPTER 612
(House Bill 1175)

AN ACT to add new Section 8-213.1 to Article 21 of the Annotated Code of
Maryland (1972 Interim Supplement), "Real Property," title "Landlord and
Tenant," subtitle "Miscellaneous Rules," to follow immediately after Section
8-213 thereof, to provide that no landlord shall evict a tenant of any residential
property in Montgomery County for certain reasons; that certain evictions shall
be called "retaliatory evictions"; that, if judgment in an eviction proceeding is in
favor of the tenant because of such a defense the court costs and attorney fees
may be assessed against the landlord; and that nothing in this section shall be
deemed to restrict the authority of Montgomery County to legislate in the field
of landlord-tenant affairs.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 8-213.1 be and it is hereby added to Article 21
of the Annotated Code of Maryland (1972 Interim Supplement), "Real Property,"
title "Landlord and Tenant," subtitle "Miscellaneous Rules," to follow
immediately after Section 8-213 thereof, and to read as follows:

8-213.1

(A)         NO LANDLORD SHALL EVICT A TENANT OF ANY
RESIDENTIAL PROPERTY IN MONTGOMERY COUNTY FOR ANY OF
THE FOLLOWING REASONS:

(1)      BECAUSE THE TENANT HAS FILED A COMPLAINT, OR
COMPLAINTS, AGAINST THE LANDLORD WITH ANY PUBLIC
AGENCY OR AGENCIES; OR

(2)     BECAUSE THE TENANT HAS FILED A LAW SUIT, OR LAW
SUITS, AGAINST THE LANDLORD; OR

(3)     BECAUSE THE TENANT IS A MEMBER OF ANY TENANTS'
ORGANIZATION.

(B)    EVICTIONS DESCRIBED IN SUBSECTION (A) OF THIS SECTION
SHALL BE CALLED "RETALIATORY EVICTIONS."

(C)     IF IN ANY EVICTION PROCEEDING THE JUDGMENT BE IN
FAVOR OF THE TENANT FOR ANY OF THE AFOREMENTIONED
DEFENSES, THE COURT MAY ENTER JUDGMENT FOR REASONABLE
ATTORNEY FEES AND COURT COSTS AGAINST THE LANDLORD.

(D)    NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED
TO RESTRICT THE AUTHORITY OF MONTGOMERY COUNTY TO
LEGISLATE IN THE AREA OF LANDLORD-TENANT AFFAIRS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.