Criminal Law - Fraud - Possession of Residential Real Property

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0847*

HOUSE BILL 847
E1, N1 6lr3163
HB 154/25 – JUD
By: Delegate Conaway
Introduced and read first time: February 4, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Fraud – Possession of Residential Real Property 2

FOR the purpose of prohibiting a person from possessing or claiming a right to possess 3
residential real property the person does not lawfully possess or own with the intent 4
to defraud another; authorizing the owner of certain residential real property to file 5
a certain sworn affidavit and requiring a law enforcement officer to remove a certain 6
person from residential real property under certain circumstances; prov iding that 7
this Act does not prohibit the owner of residential real property from filing a wrongful 8
detainer action; and generally relating to fraudulent possession of residential real 9
property. 10

BY adding to 11
Article – Criminal Law 12
Section 8–906 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Criminal Law 18

8–906. 19

(A) A PERSON MAY NOT, WITH INTENT TO DEFRAUD ANOTHER, POSSESS OR 20
CLAIM A RIGHT TO POSSESS RESIDENTIAL REAL PROPERTY THE PERSON DOES NOT 21
LAWFULLY POSSESS OR OWN. 22

(B) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR 23
AND ON CONVICTION IS SUBJECT TO: 24
2 HOUSE BILL 847

(1) FOR A FIRST VIOLATIO N, IMPRISONMENT NOT EXCEEDING 90 1
DAYS OR A FINE NOT EXCEEDING $500 OR BOTH; 2

(2) FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS AFTER 3
THE FIRST VIOLATION, IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A FINE NOT 4
EXCEEDING $1,000 OR BOTH; AND 5

(3) FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 YEARS 6
AFTER THE PRECEDING VIOLATION, IMPRISONMENT NOT EXCEEDING 1 YEAR OR A 7
FINE NOT EXCEEDING $2,500 OR BOTH. 8

(C) (1) THIS SUBSECTION DOES NOT APPLY IF: 9

(I) THE PERSON IN ACTUAL POSSESSION OF THE RESIDENTIAL 10
REAL PROPERTY HAS BEEN GRANTED POSSESSION UNDER A COURT ORDER; OR 11

(II) A REMEDY IS AVAILABL E UNDER TITLE 8 OF THE REAL 12
PROPERTY ARTICLE. 13

(2) THE OWNER OF RESIDENT IAL REAL PROPERTY IN THE 14
POSSESSION OF ANOTHE R ALLEGEDLY IN VIOLA TION OF SUBSECTION (A) OF THIS 15
SECTION MAY SUBMIT A SWORN AFFIDAVIT TO THE SHE RIFF FOR A COUNTY IN 16
WHICH THE PROPERTY IS LOCATED STATING THAT THE PERSON IS FRAUDULENTLY 17
IN POSSESSION OF THE PROPERTY. 18

(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 19
LAW ENFORCEMENT OFFI CER SHALL REMOVE A PERSO N IN POSSESSION OF 20
RESIDENTIAL REAL PROPERTY AFTER RECEIVING AN AFFIDAVIT SUBMITTED UNDER 21
PARAGRAPH (2) OF THIS SUBSECTION AND RETURN POSSESSION OF THE PROPERTY 22
TO THE OWNER. 23

(II) A LAW ENFORCEMENT OFFI CER MAY NOT REMOVE A 24
PERSON IN POSSESSION OF RESIDENTIAL REAL PROPERTY FOLLOWING THE FILING 25
OF AN AFFIDAVIT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IF THE PERSON 26
IN POSSESSION PRODUCES EVIDENCE OF LAWFU L POSSESSION OF THE PROPERTY 27
TO THE LAW ENFORCEMENT OFFICER. 28

(D) THIS SECTION DOES NOT PROHIBIT THE OWNER OF RESIDENTIAL REAL 29
PROPERTY FROM FILING A SUIT UNDER § 14–132 OF THE REAL PROPERTY ARTICLE. 30

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32