S.B. 772                                                  VETOES

8-211.

(a) The purpose of this section is to provide tenants with a mechanism for
encouraging the repair of serious and dangerous defects which exist within or as part of
any residential dwelling unit, or upon the property used in common of which the dwelling
unit forms a part. The defects sought to be reached by this section are those which
present a substantial and serious threat of danger to the life, health and safety of the
occupants of the dwelling unit, and not those which merely impair the aesthetic value of
the premises, or which are, in those locations governed by such codes, housing code
violations of a nondangerous nature. The intent of this section is not to provide a remedy
for dangerous conditions in the community at large which exists apart from the leased
premises or the property in common of which the leased premises forms a part.

(e) This section provides a remedy and imposes an obligation upon landlords to
repair and eliminate conditions and defects which constitute, or if not promptly corrected
will constitute, a fire hazard or a serious and substantial threat to the life, health or safety
of occupants, including, but not limited to:

(1)     Lack of heat, of light, electricity, or of hot or cold running water, except
where the tenant is responsible for the payment of the utilities and the lack thereof is the
direct result of the tenant's failure to pay the charges; or

(2)     Lack of adequate sewage disposal facilities; or

(3)     Infestation of rodents in two or more dwelling units; or

(4)     [The existence of paint containing lead pigment on surfaces within the
dwelling unit; or

(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.

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