Ch. 616                          MARVIN MANDEL, Governor                             1267

CHILDREN [[WITHIN FOUR (4) FEET OF THE FLOOR LEVEL]] OF A
RESIDENTIAL PREMISE WITHIN [[FIVE]] [[THIRTY]] TWENTY
DAYS AFTER NOTICE THAT LEAD-BASED PAINT IS PRESENT ON
SUCH SURFACES, THE LESSEE MAY DEPOSIT HIS RENT INTO AN
ESCROW ACCOUNT WITH THE CLERK OF THE DISTRICT COURT
FOR THE POLITICAL SUBDIVISION IN WHICH THE PREMISES ARE
LOCATED. THE RIGHT OF A LESSEE TO DEPOSIT RENT IN AN
ESCROW ACCOUNT SHALL NOT PRECLUDE HIM FROM PURSUING
ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO HIM AT LAW OR
EQUITY BUT SHALL BE IN ADDITION THERETO.

(B)     MONIES DEPOSITED IN AN ESCROW ACCOUNT SHALL BE
RELEASED UNDER THE FOLLOWING TERMS AND CONDITIONS:

(I)     TO THE LESSOR UPON CERTIFICATION BY THE
APPROPRIATE LOCAL HEALTH AUTHORITY THAT THE PREMISES
HAVE BEEN INSPECTED AND THAT ALL LEAD-BASED PAINT
VIOLATIONS HAVE BEEN CORRECTED; OR

(II)  TO THE LESSEE OR ANY OTHER PERSON WHO HAS
CORRECTED THE LEAD-BASED PAINT VIOLATIONS UPON
PRESENTATION OF A BILL FOR THE COSTS OF CORRECTING THE
VIOLATIONS AND A CERTIFICATION BY THE APPROPRIATE LOCAL
HEALTH AUTHORITY THAT THE PREMISES HAVE BEEN INSPECTED
AND THAT ALL LEAD-BASED PAINT VIOLATIONS HAVE BEEN
CORRECTED.

(C)    NO LESSEE MAY BE EVICTED NOR TENANCY TERMINATED
NOR RENT RAISED FOR LESSEE'S ELECTING TO SEEK THE
REMEDIES HEREUNDER. IT SHALL BE PRESUMED THAT ANY
ATTEMPT TO EVICT LESSEE, TO TERMINATE THE TENANCY OR TO
RAISE THE RENT, EXCEPT FOR NONPAYMENT OF RENT TO
ESCROW AGENT, WITHIN TWO MONTHS AFTER THE
CERTIFICATION THAT VIOLATIONS HAVE BEEN CORRECTED, IS IN
RETALIATION FOR LESSEE'S PROCEEDING HEREUNDER AND
SHALL BE NULL AND VOID.

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

Approved May 21, 1973.

CHAPTER 616
(House Bill 1225)

AN ACT to add new Section 5B to Article 62B of the Annotated Code of
Maryland (1972 Replacement Volume), title "Maryland Port Administration,"
to follow immediately after Section 5A thereof, to require the Maryland Port
Administration to establish, operate, and maintain, as an element of its vessel
traffic system, a radio communications service, not. open to public
correspondence, to serve the maritime operational, safety and commercial needs
of shipping interests using port facilities on navigable waters within the State of
Maryland; to require the Administration to set the service charges and fees
which are necessary to cover the costs of establishing, operating and