Ch. 714                                    1997 LAWS OF MARYLAND

(5)] The existence of any structural defect which presents a serious and
substantial threat to the physical safety of the occupants; or

[(6)] (5) The existence of any condition which presents a health or fire
hazard to the dwelling unit.

(o) [ In] EXCEPT AS PROVIDED IN § 8-211.1(E) OF THIS SUBTITLE, IN the event
any county or Baltimore City is subject to a public local law or has enacted an ordinance
or ordinances comparable in subject matter to this section, commonly referred to as a
"Rent Escrow Law", any such ordinance or ordinances shall supersede the provisions of
this section.

[8-211.1.

(a)     Notwithstanding any provision of law or any agreement, whether written or
oral, if a lessor fails to remove any and all lead-based paint from any interior, exterior, or
other surface that is easily accessible to a child of a residential premises within 20 days
after notice that lead based paint is present on the surfaces of the residence COMPLY
WITH THE APPLICABLE RISK REDUCTION STANDARD UNDER § 6-815 OR § 6-819 OF
THE ENVIRONMENT ARTICLE, the lessee may deposit his rent in an escrow account with
the clerk of the District Court for the district in which the premises are located.

(b)    The right of a lessee to deposit rent in an escrow account does not preclude
him from pursuing any other right or remedy available to him at law or equity and is in
addition to them.

(c)     Money deposited in an escrow account shall be released under the following
terms and conditions:

(1)     To the lessor on certification by the appropriate local health authority
that the premises have been inspected and that all lead based paint violations have been
corrected UPON COMPLIANCE BY THE LESSOR WITH THE APPLICABLE RISK
REDUCTION STANDARD; or

(2)     To the lessee or any other person who has corrected the lead-based
paint violations COMPLIED WITH THE APPLICABLE RISK REDUCTION STANDARD on
presentation of a bill for the REASONABLE 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 COMPLYING
WITH THE APPLICABLE RISK REDUCTION STANDARD.

(d)     A lessee may not be evicted, the tenancy may not be terminated, and the rent
may not be raised for a lessee who elects to seek the remedies under this section. It shall
be presumed that any attempt to evict the lessee, to terminate the tenancy, or to raise the
rent, except for nonpayment of rent to an escrow agent, within two months after the
certification that violations have been corrected COMPLIANCE WITH THE APPLICABLE
RISK REDUCTION STANDARD is in retaliation for lessee's proceeding under this section
and shall be void.]

(E) THIS SECTION SHALL PREEMPT ANY PUBLIC LOCAL LAW OR ORDINANCE
CONCERNING THE DEPOSIT OF RENT INTO AN ESCROW ACCOUNT BASED UPON THE

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