Ch. 769

LAWS OF MARYLAND

(A) (B) THE OWNER OF A RESIDENTIAL FACILITY MAY NOT
TERMINATE THE LEASE OF ANY TENANT OCCUPYING ANY PORTION OF THE
OWNER'S RESIDENTIAL FACILITY IN ORDER TO AVOID SUCH OWNER'S
OBLIGATION TO GIVE THE TENANT THE NOTICE REQUIRED BY SECTION
UNDER § 11-102.1 OF THIS TITLE.

(B) AN OWNER SHALL BE PRESUMED TO HAVE TERMINATED THE LEASE
OF A TENANT IN VIOLATION OF SUBSECTION (A) OF THIS SECTION IF

SUCH TERMINATION OCCURS WITHIN 270 DAYS PRIOR TO MAKING

APPLICATION FOR REGISTRATION WITH THE SECRETARY OF STATE PURSUANT
TO SECTION 11-127 OF THIS TITLE UNLESS:

(1) AT THE TIME THE APPLICATION FOR REGISTRATION IS
FILED, 90 PERCENT OR MORE OF THE RESIDENTIAL DWELLING UNITS IN
THE FACILITY ARE OCCUPIED OR, IN THE EVENT LESS THAN 90 PERCENT
OF SUCH UNITS ARE OCCUPIED, THE OWNER CAN ESTABLISH BY CLEAR AND
CONVINCING EVIDENCE THAT THE VACANT UNITS ARE BEING, AND FROM THE
DATE OF THE TERMINATION OF THE LAST LEASE OF EACH VACANT UNIT
HAVE BEEN, OFFERED FOR RENT IN THE NORMAL COURSE OF SUCH OWNER'S
BUSINESS; OR                       

(2) THE LEASE WAS TERMINATED FOR:

(I) NONPAYMENT OF RENT; OR

(II) BREACH OF ANY OTHER PROVISION OF THE
LEASE.

(C) AS USED IN THIS SECTION THE TERM "TERMINATE" MEANS THE
GIVING OF NOTICE TERMINATING A PERIODIC TENANCY OF A UNIT OF A
RESIDENTIAL FACILITY OR THE FAILURE TO RENEW AN EXISTING LEASE
FOR A UNIT IN A RESIDENTIAL FACILITY UPON ITS EXPIRATION.

(D) THE SECRETARY OF STATE SHALL REJECT AN APPLICATION FROM
ANY OWNER WHO HAS VIOLATED ANY PROVISION OF THIS SECTION WITHIN
12 MONTHS PRIOR TO MAKING APPLICATION FOR REGISTRATION.

(E) AN OWNER WHO TERMINATES A LEASE IN VIOLATION OF THIS
SECTION IS LIABLE TO THE TENANT IN A CIVIL ACTION FOR DAMAGES,
COSTS, AND REASONABLE ATTORNEY'S FEES. THE DAMAGES SHALL BE THE
GREATER OF:

(1) 5 PERCENT OF THE OFFERING PRICE FOR THE UNIT AS
SET FORTH IN THE REGISTRATION STATEMENT; OR

(2) $3,500.

(C) THE APPLICATION FOR REGISTRATION FOR A RESIDENTIAL
RENTAL FACILITY UNDER § 11-127 OF THIS SUBTITLE SHALL INCLUDE, TO
THE EXTENT REASONABLY AVAILABLE, A LIST OF ALL TENANTS WHOSE
LEASES WERE TERMINATED DURING THE 270 180-DAY PERIOD PRIOR TO THE
FILING OF THE APPLICATION FOR REGISTRATION.

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