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Session Laws, 1989
Volume 771, Page 3947   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 674

(a)  No eviction or distress shall be made during the period
of being a person in emergency management [and civil defense]
service or a person suffering injury or damage in respect of any
premises for which the agreed rent does not exceed $150 per
month, occupied chiefly for dwelling purposes by the spouse,
children, or other dependents of a person in emergency management
[and civil defense] service or a person suffering injury or
damage, except upon leave of court granted upon application
therefor or granted in an action or proceeding affecting the
right of possession.

(b)  On any such application or in any such action the court
may, in its discretion, on its own motion, and shall, on
application, unless in the opinion of the court the ability of
the tenant to pay the agreed rent is not materially affected by
reason of being a person in emergency management (and civil
defense] service or a person suffering injury or damage, stay the
proceedings for not longer than three months, as provided in this
subtitle, or it may make such other order as may be just.

(c)  Any person who shall knowingly take part in any
eviction or distress otherwise than as provided in subsection (a)
hereof is guilty of a misdemeanor, and shall be punishable by
imprisonment not to exceed one year or by fine not to exceed
$1,000, or both.

23.

(a)  No person who has received, or whose assignor has
received under a contract for the purchase of real or personal
property, or of lease or bailment with a view to purchase of such
property, a deposit or instalment of the purchase price from a
person in emergency management [and civil defense] service or a
person suffering injury or damage or from the assignor of such a
person, who after the date of payment of such deposit or
instalment, has become a person in emergency management [and
civil defense] service or a person suffering injury or damage,
shall exercise any right or option under such contract to rescind
or terminate the contract or resume possession of the property
for nonpayment of any instalment falling due during the period of
being in such category, except by action in a court of competent
jurisdiction. Provided, that nothing contained in this section
shall prevent the modification, termination, or cancellation of
any such contract, or prevent the repossession or retention of
property purchased or received under such contract, pursuant to a
mutual agreement of the parties thereto, or their assignees, if
such agreement is executed in writing subsequent to the making of
such contract and during or after the period of military service
of the person concerned.

(b)  Any person who knowingly resumes possession of property
which is the subject of this section otherwise than as provided
in subsection (a) hereof is guilty of a misdemeanor and shall be

                                                 - 3947 -

 

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Session Laws, 1989
Volume 771, Page 3947   View pdf image
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