WILLIAM DONALD SCHAEFER, Governor                      Ch. 96

ASSISTANCE, MAY NOT DISCRIMINATE BASED ON SOURCE OF INCOME OR
RECEIPT OF HOUSING SUBSIDY, AND SHALL COOPERATE WITH THE TENANT
TO EXECUTE ALL NECESSARY DOCUMENTS TO ENABLE THE PAYMENT OF
HOUSING SUBSIDIES TO OR ON BEHALF OF THE TENANT.

(II) IF THE OWNER HAS INTERFERED WITH THE
TENANT'S APPLICATION FOR HOUSING SUBSIDIES OR OTHER PUBLIC
ASSISTANCE, THE NONPAYMENT OF ANY AMOUNT OF RENT FOR AN ASSISTED
UNIT IN EXCESS OF 30 PERCENT OF THE TENANT'S INCOME MAY NOT BE
LEGALLY SUFFICIENT GROUNDS FOR TERMINATION OF THE LEASE OR AN
ACTION FOR POSSESSION OF THE LEASEHOLD PREMISES BY THE OWNER.

9-110.

(A)  THE SETTLEMENT AGENT SHALL FILE WITH THE DEPARTMENT A
SWORN STATEMENT EXECUTED BY THE OWNER UNDER PENALTY OF PERJURY
CERTIFYING THAT THE SALE, CONVEYANCE, OR RELEASE COMPLIES WITH
THE PROVISIONS OF THIS TITLE IN THE CASE OF:

(1)  ANY SALE OR CONVEYANCE OF AN ASSISTED PROJECT
INCLUDING THE REAL PROPERTY ASSOCIATED THEREWITH WHICH
CONSTITUTES A PROTECTED ACTION, OR OCCURS WITHIN 10 YEARS
FOLLOWING A PROTECTED ACTION FOR WHICH THE OWNER FAILED TO COMPLY
WITH THIS TITLE; OR

(2)  THE RELEASE OF ANY MORTGAGE SECURED BY AN
ASSISTED PROJECT OR ANY REGULATORY AGREEMENT OR OTHER DOCUMENT
EXECUTED IN CONNECTION WITH THE MORTGAGE WHICH RESTRICTS THE
INCOME LEVELS OF THE TENANTS OR RESTRICTS THE RENTAL RATES OF THE
ASSISTED PROJECT.

(B) (1) THE PROVISIONS OF THIS TITLE MAY BE ENFORCED EITHER
AT LAW OR IN EQUITY BY THE DEPARTMENT, ANY ASSISTED HOUSEHOLD IN
OCCUPANCY AT THE TIME A NOTICE OF INTENT WAS OR SHOULD HAVE BEEN
DELIVERED BY THE OWNER OF AN ASSISTED PROJECT, ANY APPLICABLE
LOCAL GOVERNMENT, OR THE PUBLIC HOUSING AUTHORITY.

(2) EVERY CAUSE OF ACTION UNDER THIS TITLE SURVIVES
THE DEATH OF ANY PERSON WHO MIGHT HAVE BEEN A PLAINTIFF OR
DEFENDANT.

(C)  THE PROVISIONS OF THIS TITLE MAY BE ENFORCED BY
JUDICIAL ACTION TO ENJOIN ANY ACTION:

(1)  PROHIBITED BY THIS TITLE; OR

(2)  TAKEN WHERE THE PRELIMINARY ACTIONS REQUIRED BY
THIS TITLE HAVE NOT BEEN COMPLETED.

(D)  TO THE EXTENT THAT A VIOLATION OF ANY PROVISION OF THIS
TITLE RESULTS IN DISPLACEMENT FROM, INCREASED RENTS FOR, OR ANY
OTHER VIOLATION OF THE RIGHTS OF A TENANT OR FORMER TENANT OF AN
ASSISTED UNIT, THAT VIOLATION SHALL BE WITHIN THE SCOPE OF THE

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