Real Property - Access to Counsel in Evictions Program - Expansion

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0729*

SENATE BILL 729
N1 6lr1800
CF HB 1571
By: Senator Henson
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 3, 2026

CHAPTER ______

AN ACT concerning 1

Real Property – Access to Counsel in Evictions Program and Mobile Home 2
Parks – Expansion 3

FOR the purpose of altering the Access to Counsel in Evictions Program to expand access 4
to legal representation and other services under the Program to individuals who 5
occupy premises of a mobile home park; authorizing a prospective resident of a 6
mobile ho me park to bring a certain action against a park owner under certain 7
circumstances; altering certain provisions of law related to tenancies, rental 8
agreements, rental agreement offers, and notice requirements between park owners, 9
residents, qualified residents, and subtenants; requiring a park owner to establish a 10
certain pet policy for the residents of the park on or before a certain date; establishing 11
certain requirements and prohibitions related to park fees and utility fees imposed 12
by a park owner; proh ibiting a utility vendor from billing certain residents in a 13
certain manner and establishing certain notice requirements for the utility vendor; 14
prohibiting a park owner from denying or limiting certain privileges of a mobile home 15
park because of the nonpayment of rent by a resident or certain characteristics of a 16
person; requiring a park owner to ensure each resident has access to a water supply 17
that meets certain standards; altering the grounds for eviction from a mobile home 18
park; establishing a certain time period for a resident to cure the nonpayment of 19
rent; requiring a park owner to join a known subtenant as a defendant in an action 20
for repossession of the premises; prohibiting a park owner from repossessing the 21
premises of a subtenant except under ce rtain circumstances; establishing certain 22
procedures and requirements for the execution of a warrant for repossession related 23
to the appeal of a judgment and the repossession of the premises by a park owner; 24
2 SENATE BILL 729

and generally relating to the Access to Counsel in Evictions Program and mobile 1
home parks. 2

BY repealing and reenacting, with amendments, 3
Article – Real Property 4
Section 8 –901, and 8–904 through 8 –907, 8A–101, 8A –201, 8A –202, 8A –301, 5
8A–401, 8A–402, 8A–501, 8A–503, 8A–604, 8A–801, 8A–1001(a)(1), 8A–1101, 6
8A–1301, 8A–1502, and 8A–1701 through 8A–1703 7
Annotated Code of Maryland 8
(2023 Replacement Volume and 2025 Supplement) 9

BY repealing and reenacting, without amendments, 10
Article – Real Property 11
Section 8–903 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14

BY repealing 15
Article – Real Property 16
Section 8A–403 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19

BY adding to 20
Article – Real Property 21
Section 8A–1701, 8A–1705, and 8A–1706 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2025 Supplement) 24

BY renumbering 25
Article – Real Property 26
Section 8A–404 through 8A–406 27
to be Section 8A–403 through 8A–405, respectively 28
Annotated Code of Maryland 29
(2023 Replacement Volume and 2025 Supplement) 30

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32

Article – Real Property 33

8–901. 34

(a) In this subtitle the following words have the meanings indicated. 35

(b) “Community group” means a nonprofit entity with the capacity to conduct 36
tenant outreach and provide engagement, education, and information. 37
SENATE BILL 729 3

(c) “Covered individual” means an individual who: 1

(1) Occupies a residential property under a claim of legal right other than 2
owner, including [a]: 3

(I) A tenant in a building owned, operated, or managed by a public 4
housing authority; and 5

(II) AN INDIVIDUAL WHO OCC UPIES PREMISES OF A MOBILE 6
HOME PARK UNDER TITLE 8A OF THIS ARTICLE; AND 7

(2) Is a member of a household with an income that is not greater than 50% 8
of the median income, adjusted for household size, in the State as determined by the United 9
States Department of Health and Human Services or its successor. 10

(d) “Designated organization” means a nonprofit entity designated by MLSC with 11
the ability to provide legal representation to covered individuals. 12

(e) “Fund” means the Access to Counsel in Evictions Special Fund. 13

(f) “Legal representation” includes all representation by an attorney beyond brief 14
legal advice and is not limited to the formal entry of appearance in court. 15

(g) “MLSC” means the Maryland Legal Services Corporation. 16

(h) “Program” means the Access to Counsel in Evictions Program. 17

(I) “RESIDENT” HAS THE MEANING STATED IN § 8A–101 OF THIS ARTICLE. 18

[(i)] (J) “Task Force” means the Access to Counsel in Evictions Task Force. 19

8–903. 20

(a) There is an Access to Counsel in Evictions Program administered by MLSC. 21

(b) The purpose of the Program is to organize and di rect services and resources 22
in order to provide all covered individuals in the State with access to legal representation 23
as required under this subtitle. 24

8–904. 25

(a) (1) Under the Program, MLSC shall provide for access to legal 26
representation by a covered individual for a judicial or administrative proceeding to [evict]: 27

4 SENATE BILL 729

(I) EVICT or terminate the tenancy or housing subsidy of a covered 1
individual[, including]; OR 2

(II) REPOSSESS THE PREMISE S OF A COVERED INDIV IDUAL 3
UNDER TITLE 8A OF THIS ARTICLE. 4

(2) THE ACCESS TO LEGAL REPRESENTATION UNDER PARAGRAPH (1) 5
OF THIS SUBSECTION I NCLUDES the first appeal of a decision in the proceeding if the 6
designated organization determines that there are sufficient legal grounds for the appeal. 7

(b) (1) Under the Program, a designated organization shall ensure that a 8
covered individual receives access to legal representation by an attorney in a proceeding as 9
required under this subtitle as soon as possible after: 10

(i) A landlord provides notice to terminate a tenancy; 11

(ii) A PARK OWNER PROVIDES A RESIDENT OR SUBTEN ANT A 12
NOTICE OF INTENT TO FILE A COMPLAINT FOR REPOSSESSION OF THE PREMISES 13
UNDER § 8A–1701 OF THIS ARTICLE; 14

(III) The initiation of an eviction proceeding; or 15

[(iii)] (IV) The determination by a designated organization that a 16
proceeding related to a constructive eviction on behalf of a covered individual should be 17
initiated. 18

(2) If feasible, legal representation required under this subsection should 19
begin no later than the time of the covered individual’s first appearance in a proceeding. 20

(c) MLSC may contract with a designated organization to provide all or part of 21
the services required under this section. 22

8–905. 23

(a) MLSC shall develop an informational pamphlet in both E nglish and other 24
languages MLSC determines appropriate: 25

(1) Describing the legal rights of tenants AND RESIDENTS and the access 26
to counsel established under this subtitle; and 27

(2) Providing information on resources available to tenants AND 28
RESIDENTS. 29

(b) A sheriff or constable shall provide a copy of the pamphlet described under 30
subsection (a) of this section in addition to the process served on a tenant, an assignee, or 31
a subtenant in accordance with the following provisions of this article: 32
SENATE BILL 729 5

(1) An eviction proceeding for a failure to pay rent under § 8 –401 of this 1
title; 2

(2) An eviction proceeding for a tenant holding over under § 8 –402 of this 3
title; [and] 4

(3) An eviction proceeding for a breach of lease under § 8–402.1 of this title; 5
AND 6

(4) A REPOSSESSION PROCEEDING UNDER TITLE 8A, SUBTITLE 17 7
OF THIS ARTICLE. 8

8–906. 9

MLSC shall designate and contract with appropriate community groups to conduct 10
outreach and provide education to tenants AND RESIDENTS locally and throughout the 11
State regarding [tenants’] THE rights and [the] access to legal representation under this 12
subtitle. 13

8–907. 14

On or before August 31 each year, MLSC shall report to the Governor and, in 15
accordance with § 2 –1257 of the State Gover nment Article, the General Assembly the 16
following information for the immediately preceding fiscal year: 17

(1) The number of cases in which a covered individual was provided legal 18
representation, disaggregated by case type, including: 19

(i) Nonpayment of rent under § 8–401 of this title OR § 8A–1702 § 20
8A–1701 OF THIS ARTICLE; 21

(ii) [Tenant holdover] HOLDOVER under § 8–402 of this title OR § 22
8A–1703 8A–1702 OF THIS ARTICLE; [and] 23

(iii) Breach of lease under § 8–402.1 of this title; AND 24

(IV) BREACH OF RENTAL AGRE EMENT UNDER § 8A–1704 § 25
8A–1703 OF THIS ARTICLE; 26

(2) The amount paid to attorneys for each case managed; 27

(3) The geographic distribution of cases; 28

(4) Data on the disposition of cases decided; 29

6 SENATE BILL 729

(5) The amount of State and f ederal funds allocated to each designated 1
organization; and 2

(6) The number of covered individuals provided legal representation for 3
multiple cases. 4

8A–101. 5

(a) In this title the following words have the meanings indicated. 6

(b) “Gratuity” includes donation, bonus, fee, or gift. 7

(c) (1) “Mobile home” means a structure: 8

(i) Transportable in one or more sections; 9

(ii) 8 or more body feet in width and 30 or more body feet in length; 10

(iii) Built on a permanent chassis; and 11

(iv) Designed to be used as a dwelling, with or without a permanent 12
foundation, when connected to the required utilities. 13

(2) “Mobile home” includes the plumbing, heating, air conditioning, and 14
electrical systems contained in the structure. 15

(d) “Park” means any property leased or held out for lease to two or more residents 16
or prospective residents. 17

(e) “Park fee” means any fee, charge, or assessment charged for the use of the 18
park or for services rendered. 19

(f) “Park owner” means any person who has interest in the park and includes any 20
person acting as the agent of a park owner as to the managerial or operations acts taken 21
as the agent of the owner. 22

(g) “Premises” means any: 23

(1) Lot, plot, site, or parcel in the park; or 24

(2) Building, structure, or mobile home in the park. 25

(h) “Rent” means any money or other consideration given for the right of use, 26
possession, and occupancy of the premises. 27

SENATE BILL 729 7

(i) “Rental agreement” means any written understanding between a resident and 1
park owner whereby the resident is entitled to place his mobile home on a site in the park 2
for payment of consideration to the park owner. 3

(j) (1) “Resident” means a mobile home owner who leases or rents a site for 4
residential use and resides in a mobile home park. 5

(2) “Resident” includes a person who maintains a permanent residence 6
with the mobile home owner, and who obtains title to the mobile home after the death of 7
the owner under the terms of a will or by operation of law. 8

(k) “Rule” means any rule established by the owner. 9

(l) “Security deposit” means any payment of money, including payment of last 10
month’s rent in advance of the time it is due, given to a park owner by a resident in order 11
to protect the park owner against nonpayment of rent or damage to the leased premises. 12

(m) (1) “SUBSTANTIAL VIOLATION ” MEANS ONE OF THE FOL LOWING 13
ACTIONS BY A RESIDENT: 14

(I) POSING A SERIOUS AND IMMEDIATE THREAT TO THE 15
HEALTH, SAFETY, OR PROPERTY OF THE PARK OWNER, ANOTHER RESIDENT, OR ANY 16
OTHER PERSON AT THE PARK; OR 17

(II) CONTINUING ANY OF THE FOLLO WING BEHAVIORS AFTER 18
WRITTEN NOTICE FROM THE PARK OWNER AND AN OPPORTUNITY TO CORRECT THE 19
BEHAVIOR: 20

1. MATERIALLY IMPAIRING THE USE OF THE PARK OR 21
THE PEACE AND QUIET OF OTHER RESIDENTS; OR 22

2. WILLFULLY AND REPEATE DLY DISREGAR DING THE 23
RULES OF THE RENTAL AGREEMENT. 24

(2) “SUBSTANTIAL VIOLATION” DOES NOT INCLUDE A V IOLATION OF 25
A PROVISION OF THE P ARK RULES OR THE REN TAL AGREEMENT THAT A COURT 26
DETERMINES TO BE UNC ONSCIONABLE IN ACCOR DANCE WITH § 8A–1502 OF THIS 27
TITLE. 28

(N) (1) “Utility service” means any service available to the premises from a 29
private or public central source. [Such services may include] 30

(2) “UTILITY SERVICE” INCLUDES sewer, water, WELL WATER, SEPTIC, 31
electricity, telephone, gas, oil, and cable television. 32

8 SENATE BILL 729

(O) “UTILITY VENDOR ” MEANS A PERSON THAT IS IN THE BUSINESS O F 1
PROVIDING A UTILITY SERVICE. 2

(P) “WELL WATER SERVICE ” INCLUDES ASSOCIATED SEWER OR SEPTIC 3
SERVICE. 4

8A–201. 5

(a) Before a current or prospective resident signs a rental agreement or occupie s 6
the premises, a park owner shall: 7

(1) (I) Provide the prospective resident with a written notice identifying 8
the availability[,] AND capacity[, and connection fee] of all utility services at the proposed 9
site in order to assure the proper and adequate installation of the mobile home. 10

(II) The prospective resident shall furnish to the park owner a 11
written acknowledgment of this notification and acceptance of the site as proposed. 12

(2) Deliver a copy of the rules and an explanation of any provision for 13
amendment of the rule. 14

(3) Deliver a copy of the rental agreement which shall contain the 15
following: 16

(i) A specific identification of the site to be leased; 17

(ii) A term of tenancy of at least 1 year; 18

(iii) A stipulation of: 19

1. The total amount of annual rental for the site; 20

2. The term of payment, whether monthly, quarterly, 21
semiannually, or annually; 22

3. The amount due for each installment; 23

4. The amount of any late payment fee; and 24

5. All park fees, in a manner that identifies the service to be 25
provided for each park fee; 26

(iv) A description of each general obligation of the resident and park 27
owner; 28

SENATE BILL 729 9

(v) A description of each service, facility, and utility service that the 1
park owner will provide; 2

(vi) A description of any termination and renewal option; 3

(vii) The text of [§ 8A –202(c)] § 8A–202(B) of this subtitle, which 4
defines “qualified resident”; and 5

(viii) A specific reference to this title as the law that governs the 6
relationships between the resident and park owner. 7

(b) (1) A rental agreement may not require an annual payment of rent for a 8
site. 9

(2) A prospective resident may request a nd a park owner may agree that 10
the resident make an annual payment of rent for the site. 11

(C) (1) AN AGGRIEVED RESIDENT MAY BRING AN ACTION AGAINST A 12
PARK OWNER FOR A VIOLATION OF THIS SECTION. 13

(2) (I) IF A COURT FINDS IN F AVOR OF A RESIDENT , THE COURT 14
SHALL ORDER THE PARK OWNER TO CURE THE VIOLATION AND OFFER AN UPDATED 15
RENTAL AGREEMENT TO THE RESIDENT IN WRIT ING WITHIN 30 DAYS AFTER THE 16
DATE OF THE COURT ORDER. 17

(II) 1. AN UPDATED RENTAL AGR EEMENT UNDER 18
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL: 19

A. OFFER A TERM OF TENANCY OF AT LEAST 1 YEAR; AND 20

B. CONTAIN TERMS AND CON DITIONS THAT ARE 21
SUBSTANTIALLY SIMILAR TO RENTAL AGREEMENTS OF OTHER RESIDENTS. 22

2. THE TERM OF THE TENAN CY UNDER 23
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY NOT COMMENCE BEFORE THE 24
DATE THAT THE RESIDENT ACCEPTS THE RENTAL AGREEMENT. 25

(3) (I) WITHIN 30 DAYS AFTER THE DATE ON WHICH THE RESIDENT 26
RECEIVES THE UPDATED RENTAL AGREEMENT UND ER PARAGRAPH (2) OF THIS 27
SUBSECTION, THE RESIDENT SHALL ACCEPT OR REJECT THE AGREEMENT. 28

(II) IF A RESIDENT REJECTS THE UPDATED RENTAL 29
AGREEMENT, THE COURT SHALL: 30

10 SENATE BILL 729

1. TERMINATE THE RENTAL AGREEMENT; 1

2. AWARD REASONABLE RELOCATION EXPENSES TO THE 2
RESIDENT; AND 3

3. PROVIDE THE RESIDENT A REASONABLE PERIOD OF 4
TIME TO RELOCATE. 5

(D) IF IN ANY PROCEEDING A COURT DETERMINES T HAT A PARK OWNER 6
VIOLATED A PROVISION OF THIS SECTION, THE RESIDENT MAY RECOVER: 7

(1) DAMAGES NOT MORE THAN THREE TIMES THE MONT HLY RENT 8
PAID BY THE RESIDENT; 9

(2) REASONABLE ATTORNEY’S FEES AND COSTS; AND 10

(3) ANY OTHER REMEDY THE COURT FINDS REASONABLE. 11

8A–202. 12

(a) (1) A park owner shall offer all [current and ] prospective year –round 13
residents [a] AN INITIAL rental agreement for a period of [not less than] AT LEAST 1 year. 14

[(b)] (2) [Upon] ON the expiration of the [initial] term OF THE INITIAL 15
RENTAL AGREEMENT , the [resident] FOLLOWING RESIDENTS shall be on a 16
month–to–month term, unless a longer term is agreed to by the parties [, subject to the 17
modified provisions relating to the amount and payment of rent.]: 18

(I) A RESIDENT WHO IS NOT A QUALIFIED RESIDENT AND HAS 19
NOT ENTERED INTO A S UBSEQUENT RENTAL AGREEMENT WITH THE PARK OWNER; 20
AND 21

(II) A QUALIFIED RESIDENT WHO DOES NOT ACCEPT AN OFFER 22
FROM A PARK OWNER TO RENEW THE RENTAL AGR EEMENT IN ACCORDANCE WITH 23
SUBSECTION (B) OF THIS SECTION. 24

(3) A TERM OF A RENTAL AGREEMENT UNDER THIS SUBSECTION: 25

(I) IS SUBJECT TO THE MOD IFICATION OF PROVISI ONS 26
RELATING TO THE AMOUNT AND PAYMENT OF RENT; AND 27

(II) MAY BE TERMINATED BY EITHER PARTY ON 90 DAYS’ 28
WRITTEN NOTICE. 29

SENATE BILL 729 11

[(c)] (B) (1) In this subsection, “qualified resident” means a [year–round] 1
resident who: 2

(i) [Has made rental payments on the due date or within any grace 3
period commonly permitted in the park during the preceding year; 4

(ii)] Within the [preceding] 6–month period IMMEDIATELY 5
PRECEDING THE EXPIRATION OF THE EXISTING TERM, has not committed a [repeated] 6
SUBSTANTIAL violation of any rule or provision of the rental agreement [and, at the time 7
the term expires, no substantial violation exists]; and 8

[(iii)] (II) Owns a mobile home that REASONABLY meets the 9
standards of the park. 10

[(2) (i) Before the expiration of a 1 –year term, or upon request of the 11
resident at any time during a month–to–month term, a park owner shall offer to a qualified 12
resident a rental agreement for a 1–year period. 13

(ii) An offer of a rental agreement for a 1 –year term to a qualified 14
resident shall:] 15

(2) A PARK OWNER SHALL OFFER A QUALIFIED RESIDENT A RENEWAL 16
OF A RENTAL AGREEMENT FOR A TERM OF AT LEAST 1 YEAR: 17

(I) BEFORE THE EXPIRATION OF AN EXISTING RENTA L 18
AGREEMENT; AND 19

(II) ON REQUEST OF THE RES IDENT, AT ANY TIME DURING A 20
MONTH–TO–MONTH TERM. 21

(3) SUBJECT TO MODIFIED P ROVISIONS RELATING T O THE AMOUNT 22
AND PAYMENT OF RENT , A RENTAL AGREEMENT THA T IS OFFERED UNDER 23
PARAGRAPH (2) OF THIS SUBSECTION S HALL CONTAIN TERMS A ND CONDITIONS 24
THAT ARE SUBSTANTIAL LY SIMILAR TO THOSE OF THE EXISTING RENT AL 25
AGREEMENT. 26

(4) AN OFFER BY THE PARK OWNER TO A QUALIFIED RESIDENT 27
UNDER THIS SUBSECTION SHALL: 28

[1.] (I) Be delivered to the resident no later than [30] 90 29
days before the expiration of the existing term; 30

[2.] (II) Explain, in clear language[, a]: 31

12 SENATE BILL 729

1. A qualified resident’s right to [the 1–year term; and] BE 1
OFFERED A RENTAL AGREEMENT WITH A TERM OF AT LEAST 1 YEAR; 2

2. THE CRITERIA FOR A RESIDENT TO BE CLASSIFIED AS 3
A QUALIFIED RESIDENT AND HOW TO MAINTAIN THAT CLASSIFICATION; 4

3. THE VIOLATIONS THAT A RESIDENT MAY CURE TO 5
REMAIN CLASSIFIED AS A QUALIFIED RESIDENT AND HOW A RESIDENT MAY CURE A 6
VIOLATION; AND 7

4. THE CONSEQUENCES OF A LOSS OF CLASSIFICATION 8
AS A QUALIFIED RESIDENT; AND 9

[3.] (III) Contain a statement that, if the resident chooses 10
not to [enter into a 1–year agreement] ACCEPT THE OFFER, the lease will continue on a 11
month–to–month term that can be discontinued by either party, [upon 30] ON 90 days’ 12
WRITTEN notice. 13

(5) NOTWITHSTANDING THE TERM OF A RENTAL AGREEMENT THAT IS 14
RENEWED FOLLOWING AN OFFER UNDER THIS SUBSECTION, A QUALIFIED RESIDENT 15
MAY TERMINATE THE RE NTAL AGREEMENT 90 DAYS AFTER PROVIDING WRITTEN 16
NOTICE TO THE PARK OWNER. 17

(6) (I) IF A PARK OWNER DOES NOT INTEND TO OFFER A RESIDENT 18
A RENEWAL OF THE RENTAL AGREEMENT ON THE BASIS THAT THE RESIDENT IS NOT 19
A QUALIFIED RESIDENT, THE PARK OWNER SHALL PROVIDE THE RESIDENT WITH 20
WRITTEN NOTICE AT LE AST 90 DAYS BEFORE THE EXPI RATION OF THE EXISTI NG 21
TERM. 22

(II) A NOTICE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH 23
SHALL: 24

1. STATE THE SPECIFIC REASON WHY THE PARK OWNER 25
DETERMINED THAT THE RESIDENT IS NOT A QUALIFIED RESIDENT; AND 26

2. PROVIDE THE RESIDENT WITH AN OPPORTUNITY TO: 27

A. MEET WITH THE PARK OWNER TO REVIEW THE BASIS 28
FOR THE DECISION OF THE PARK OWNER; AND 29

B. PRESENT INFORMATION T O THE PARK OW NER TO 30
SUPPORT A RECONSIDERATION OF THE DECISION. 31

[(3)] (C) If the use of land is changed: 32
SENATE BILL 729 13

[(i)] (1) All residents shall be entitled to a 1 –year prior written 1
notice of termination notwithstanding the provisions of a longer term in a rental 2
agreement; and 3

[(ii)] (2) The park owner shall send to the local governing body of 4
the county or municipal corporation in which the park is located a copy of the written notice 5
of termination sent to the residents under item [(i)] (1) of this [paragraph] SUBSECTION. 6

[(4) If a resident’s rental agreement is not renewed on the basis that the 7
resident is not a qualified resident, the park owner shall, within 5 days, provide the resident 8
with a written statement of the specific reason for nonrenewal of the rental agreement.] 9

[(5)] (D) A resident who has been offered a 1–year rental agreement under 10
this section, and who has selected a month–to–month term and has not requested a 1–year 11
rental agreement under this section, is not entitled to a 1 –year rental agreement after a 12
notice to terminate is delivered by certified mail to the resident by the park owner. 13

[(d)] (E) If any rental agreement contains a provision calling for an automatic 14
renewal of the lease term unless prior notice is given by the party or parties seeking to 15
terminate the rental agreement, that provision shall be distinctly set apart from any other 16
provision of the rental agreement and provide a space for the written acknowledgment of 17
the resident’s agreement to the automatic renewal provision. Such provision not specifically 18
accompanied by either the resident’s initials, signature, or witnessed mark is unenforceable 19
by the park owner. 20

[(e)] (F) (1) A rental agreement may not contain ANY PROVISION THAT: 21

[(1)] (I) [A provision whereby] REQUIRES the resident [authorizes] TO 22
AUTHORIZE any person to confess judgment on a claim arising out of the rental 23
agreement[.]; 24

[(2)] (II) [A provision whereby] REQUIRES the resident [agrees] to waive 25
or to forego any right or remedy provided by applicable law[.]; 26

[(3)] (III) [Any provision whereby ] REQUIRES the resident [waives his] 27
TO WAIVE THE right to a jury trial[.]; 28

[(4)] (IV) [Any provision authorizing ] AUTHORIZES the park owner to 29
take possession of the leased premises, or the resident’s personal property therein unless 30
the rental agreement has been terminated by action of the parties or by operation of law, 31
and such personal property has been abandoned by the mob ile home resident without the 32
benefit of formal legal process; 33

14 SENATE BILL 729

(V) A COURT HAS PREVIOUSLY DETERMINED TO BE 1
UNCONSCIONABLE OR AGAINST PUBLIC POLICY AND VOID IN ACCORDAN CE WITH § 2
8A–1502 OF THIS TITLE; OR 3

(VI) REQUIRES AN AWARD OF ATTORNEY’S FEES OR COSTS 4
WITHOUT A FINDING BY THE COURT THAT THE AWARD IS REASONABLE. 5

(2) A PROVISION OF A RENTA L AGREEMENT THAT VIO LATES 6
PARAGRAPH (1) OF THIS SUBSECTION SHALL BE VOID AND UNENFORCEABLE. 7

[(f)] (G) (1) Any rental agreement offered under this section shall [contain]: 8

(I) NOTIFY THE RESIDENT I F APPROVAL FROM THE PARK 9
OWNER IS REQUIRED BEFORE THE RESIDENT MAY SUBLEASE THE PREMISES; AND 10

(II) CONTAIN the same terms, including rent, fees, and conditions, 11
as a rental agreement offered to a resident or prospective resident on a month –to–month 12
term. 13

(2) (I) IF A PARK OWNER REQUI RES APPROVAL OF A SU BLEASE 14
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE PARK OWNER SHALL PROMPTLY 15
PROVIDE A REQUESTING RESIDENT WITH WRITTE N NOTICE OF THE APPR OVAL OR 16
DENIAL. 17

(II) A PARK OWNER MAY NOT U NREASONABLY WITHHOLD 18
APPROVAL UNDER THIS PARAGRAPH. 19

(III) IF A PARK OWNER ACCEP TS RENT FROM A SUBTE NANT OR 20
HAS PREVIOUSLY APPRO VED A SPECIFIC SUBTE NANT, THERE IS A REBUTTABL E 21
PRESUMPTION THAT THE PARK OWNER APPROVES THE SUBLEASE. 22

(3) A RESIDENT MAY NOT BE REQUIRED TO OBTAIN APPROVAL FROM 23
THE PARK OWNER TO SU BLEASE THE PREMISES IF THE RENTAL AGREEMENT DOES 24
NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1)(I) OF THIS 25
SUBSECTION. 26

[(g)] (H) (1) Within 30 days after obtaining ownership of a mobile home, a 27
resident as defined under § 8A–101(j)(2) of this title shall: 28

(i) Offer the mobile home for sale; 29

(ii) Apply to the park owner to enter into a rental agreement; or 30

(iii) Take reasonable steps to remove the mobile home from the park. 31
SENATE BILL 729 15

(2) A park owner may not unreasonably deny an application submitted 1
under paragraph (1)(ii) of this subsection. 2

(3) Notwithstanding any other provision of law, a resident as defined under 3
§ 8A–101(j)(2) of this title shall remove the resident’s mobile home from the park: 4

(i) If settlement on a sale offered under paragraph (1)(i) of this 5
subsection has not occurred within 1 year of the resident’s obtaining ownership; or 6

(ii) Within 6 months after an application su bmitted under 7
paragraph (1)(ii) of this subsection is denied. 8

[(h)] (I) A park owner that enters into a contract of sale for a mobile home park 9
shall, not less than 30 days before the date of the sale: 10

(1) Provide notice of the sale to: 11

(i) Each resident in the mobile home park by hand delivery or 12
certified mail, return receipt requested; and 13

(ii) The Department of Housing and Community Development by 14
certified mail, return receipt requested; and 15

(2) Post notice of the sale in a public area of the mobile home park. 16

[(i) (1) This subsection applies only to a rental agreement that has a term of 17
not less than 1 year that is offered for renewal for a term of not less than 1 year. 18

(2) If a park owner intends to offer the renewal of a lease a greement with 19
an increase in rent, the park owner shall provide notice to the resident of the rent increase 20
no later than 60 days before the expiration of the existing rental agreement.] 21

(J) (1) THIS SUBSECTION APPLI ES TO A RENT INCREAS E FOR ANY 22
RESIDENT. 23

(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A PARK 24
OWNER SHALL PROVIDE A RESIDENT WITH WRIT TEN NOTICE AT LEAST 90 DAYS 25
BEFORE THE DATE OF THE RENT INCREASE. 26

(3) A RENT INCREASE MAY TA KE EFFECT ONLY AFTER THE 27
EXPIRATION OF AN EXISTING TERM. 28

(K) IF IN ANY PROCEEDING A COURT DETERMINES T HAT A PARK OWNER 29
VIOLATED A PROVISION OF THIS SECTION, THE RESIDENT MAY RECOVER: 30

16 SENATE BILL 729

(1) DAMAGES NOT MORE THAN THREE TIMES THE MONT HLY RENT 1
PAID BY THE RESIDENT; 2

(2) REASONABLE ATTORNEY’S FEES AND COSTS; AND 3

(3) ANY OTHER REMEDY THE COURT MAY FIND REASONABLE. 4

8A–301. 5

(a) (1) A park owner shall establish reasonable rules related to the order, 6
peace, health, safety, and qualification standards of mobile homes, residents, and the 7
operation of the park. 8

(2) A rule established under paragraph (1) of this subsection may not be 9
enforced unless it is in writing and is delivered to each resident in the park. 10

(3) ON OR BEFORE DECEMBER 1, 2026, AND SUBJECT TO THE 11
PROHIBITION ON PET FEES UNDER § 8A–402 OF THIS TITLE, A PARK OWNER SHALL 12
ESTABLISH A PET POLICY FOR THE RESIDENTS OF THE PARK THAT STATES: 13

(I) ANY BREED AND WEIGHT RESTRICTIONS; 14

(II) ANY LIMIT ON THE NUMBER OF PETS ALLOWED IN A MOBILE 15
HOME; 16

(III) ANY VACCINATION REQUIREMENTS; 17

(IV) ANY LIABILITY INSURANCE REQUIREMENTS; AND 18

(V) ANY ADDITIONAL REQUIR EMENTS FOR PET OWNER S 19
IMPOSED BY THE PARK OWNER. 20

(b) (1) A park owner shall prescribe reasonable, written standards for the 21
mobile homes to be placed or retained in the park, their size, quality, appearance, material 22
specification, construction and safety condition. 23

(2) A rule adopted pursuant to paragraph (1) of this subsection setting a 24
standard for the size, quality, material specification, or construction of mobile homes may 25
not be enforced against any individual: 26

(i) Who, at the time the standard is adopted, is the owner or tenant 27
of a mobile home in the park, as to that mobile home; or 28

(ii) Who purchases a mobile home from the individual who owned 29
the home at the time the standard was adopted. 30
SENATE BILL 729 17

(c) A park owner shall prescribe reasonable, written maintenance standards for 1
any mobile home in the park or immediate area surrounding the mobile home, in 2
accordance with the State or county health laws or regulations. 3

(d) All rules and standards shall be fair and reasonable and, except as provided 4
in paragraph (b)(2) of this section, shall apply uniformly to all residents in the park. 5

(e) A rule or standard is not enforceable unless the park owner: 6

(1) Delivers a copy of the rule or standard to each resident affected thereby; 7
and 8

(2) Posts a copy of the rule or standard in a conspicuous place in the park. 9

(f) An amendment to a rule or standard is not effective until the later of: 10

(1) The date specified in the amendment; or 11

(2) 30 days after the park owner delivers to each resident written notice of 12
the proposed amendment. 13

8A–401. 14

(a) A park owner may increase a park fee only if the park owner delivers to each 15
resident a notice in writing of the increase at least 30 days before the effective date of the 16
increased park fee. 17

(b) If a park owner fails to so notify a resident affected by the increase, the park 18
owner may not collect the increased amount of the park fee from the resident. 19

(C) (1) A PARK OWNER SHALL PRO VIDE A RESIDENT WITH WRITTEN 20
NOTICE AT LEAST 30 DAYS BEFORE REQUIRING THE PAYMENT OF A FEE. 21

(2) IF A FEE IS OVERDUE , A PARK OWNER MAY NOT RECEIVE 22
INTEREST OR IMPOSE A LATE PAYMENT FEE. 23

(D) (1) A PARK OWNER MAY NOT IMPOSE A FEE THAT IS UNREASONABLE. 24

(2) THERE IS A REBUTTABLE PRESUMPTION THAT A F EE IS 25
UNREASONABLE IF THE FEE EXCEEDS 3% OF THE EQUIVALENT OF 1 MONTH’S RENT 26
FOR THE RESIDENT. 27

(E) IF IN ANY PROCEEDING A COURT DETERMINES T HAT A PARK OWNER 28
VIOLATED A PROVISION OF THIS SECTION, THE RESIDENT MAY RECOVER: 29

18 SENATE BILL 729

(1) DAMAGES NOT MORE THAN THREE TIMES THE MONT HLY RENT 1
PAID BY THE RESIDENT; 2

(2) REASONABLE ATTORNEY’S FEES AND COSTS; AND 3

(3) ANY OTHER REMEDY THE COURT MAY FIND REASONABLE. 4

8A–402. 5

(a) An entrance or exit fee is prohibited. 6

(b) A fee may not be charged: 7

(1) In connection with the renewal of a rental agreement; [or] 8

(2) To determine if a resident is qualified under [§ 8A–202(c)] § 8A–202(B) 9
of this title; 10

(3) FOR PARKING ON THE PREMISES OF THE RESIDENT; 11

(4) FOR KEEPING A PET ON THE PREMISES OF THE RESIDENT; 12

(5) FOR THE USE OF ANY PA RK AMENITIES , SUCH AS A SWIMMING 13
POOL OR A GYMNASIUM; 14

(6) FOR ADMINISTRATIVE CO STS THAT ARE NOT EXP RESSLY 15
AUTHORIZED UNDER THIS TITLE; 16

(7) FOR THE INSTALLATION, PLACEMENT, OR REMOVAL OF A MOBILE 17
HOME FROM THE PREMISES; OR 18

(8) FOR A UTILITY CONNECT ION ON THE PREMISES OF THE 19
RESIDENT. 20

(c) Except if a material change results in the deterioration of the home, a park 21
owner may not charge a fee for in specting a home for resale more than one time within a 22
12–month period. 23

(d) The fee for inspecting a home for resale may not exceed $60. 24

(E) (1) IF A VIOLATION OF A P ARK RULE CAUSES ACTU AL DAMAGES , A 25
PARK OWNER MAY IMPOS E A FEE IN AN AMOUNT NOT TO EXCE ED THE COSTS 26
INCURRED BY THE VIOLATION. 27

SENATE BILL 729 19

(2) ON REQUEST, A PARK OWNER SHALL P ROVIDE A RESIDENT WITH 1
ADEQUATE DOCUMENTATION TO SUPPORT THE AS SESSMENT AND THE AMOUNT OF 2
THE FEE. 3

(F) A RESIDENT MAY DISPUTE THE IMPOSITION OF A FEE IN A 4
REPOSSESSION PROCEEDING UNDER SUBTITLE 17 OF THIS TITLE. 5

[8A–403. 6

(a) A park owner may charge the resident a reasonable service fee, based on an 7
amount that the park owner directly incurs, for installing, placing on, or removing a mobile 8
home from the site. 9

(b) In each case where a fee has been charged by a park owner, a written 10
description detailing the fee shall be provided by the park owner to the resident.] 11

8A–501. 12

(A) A park owner may not: 13

(1) Require, as a condition of tenancy, the purchase of any perma nent 14
improvement that would become the property of the park owner; 15

(2) Require any current resident or prospective resident to purchase from 16
any particular person a mobile home, materials, or equipment, including the equipment 17
required by the applicable law, necessary for installation of the mobile home, except in 18
connection with the initial leasing or renting of a newly –constructed lot not previously 19
leased or rented to any other person; 20

(3) Restrict the supplier of any product or service that the park owner does 21
not supply to all residents in the park, except as the restriction directly relates to the safety 22
of the residents; 23

(4) Restrict the installation, service, or maintenance of any electric or gas 24
appliance if the installation complies with the applicable building code and other laws; 25

(5) Restrict any interior improvement of a mobile home if the improvement 26
complies with the applicable code and other laws; 27

(6) Directly or indirectly, receive, collect, or accept any gratuity from any 28
person that is made to facilitate, influence, or procure any advantage over other prospective 29
residents in connection with the lease, use, or occupation of the premises; [or] 30

(7) PROHIBIT A RESIDENT FROM MAKING SEPARATE PAYMENTS TO A 31
PARK OWNER FOR RENT, UTILITIES, OR A FEE; 32

20 SENATE BILL 729

(8) EXCEPT AS AUTHORIZED UNDER § 8A–202(G)(2) OF THIS TITLE , 1
PROHIBIT A RESIDENT FROM SUBLEASING THE PREMISES; OR 2

[(7) (i)] (9) Enforce the designation of an area in a park for exclusive 3
occupancy by adults against any individual who, at the time the designation is made, is the 4
owner or tenant of a mobile home in the park, as to that mobile home at its location at the 5
time of the designation. 6

[(ii)] (B) [Subparagraph (i) of this paragraph] SUBSECTION (A)(9) 7
OF THIS SECTION does not apply if only a part of the park is so designated, and 8

[1.] (1) The park owner: 9

[A.] (I) Has made available to the individual, under 10
comparable terms and conditions, another reasonably equivalent site for the mobile home 11
in an area of the park that is not so designated and the individual shall accept or reject the 12
proposed site within 60 days from the time the equivalent site is made available; and 13

[B.] (II) Has assumed the responsibility of moving the 14
mobile home at the park owner’s expense; or 15

[2.] (2) The mobile home is not moved. 16

8A–503. 17

(A) A park owner who purchases from a [publicly regulated] utility VENDOR any 18
[electricity, gas, or other] utility service for resale to a resident may not charge directly or 19
indirectly for the resale an amount that exceeds the amount that the utility charges the 20
park owner. 21

(B) A PARK OWNER MAY NOT IMPOSE A FEE ON A UTILITY SERVICE THAT IS 22
PROVIDED TO A RESIDENT BY A UTILITY VENDOR, SUCH AS AN ADMINISTRATIVE FEE 23
OR A MAINTENANCE FEE. 24

(C) EXCEPT AS PROVIDED IN SUBSECTION (D)(1) OF THIS SECTION , IF A 25
UTILITY SERVICE FOR A RESIDENT IS DELIVERED THROUGH A MASTER METER, THE 26
PARK OWNER SHALL DIV IDE EQUALLY THE COST FOR THE SERVICE AMONG THE 27
RESIDENTS THAT RECEIVE THE SERVICE. 28

(D) (1) (I) THIS SUBSECTION APPLI ES TO A UTILITY VEND OR THAT 29
PROVIDES WELL WATER SERVICE TO A RESIDENT. 30

(II) A UTILITY VENDOR MAY N OT BILL A RESIDENT F OR WELL 31
WATER SERVICE IN AN AMOUNT THAT EXCEEDS 5% OF THE RENT PAYABLE BY THE 32
RESIDENT FOR THE TIME PERIOD COVERED BY THE BILL. 33
SENATE BILL 729 21

(III) THE AMOUNT FOR THE WE LL WATER SERVICE UND ER 1
SUBPARAGRAPH (II) OF THIS PARAGRAPH SH ALL INCLUDE ANY FEE IMPOSED FOR 2
THE USE OF THE SERVICE, SUCH AS A MAINTENANCE, TRANSMISSION, TREATMENT, 3
OR INFRASTRUCTURE FEE. 4

(IV) THE PROHIBITION UNDER SUBPARAGRAPH (II) OF THIS 5
PARAGRAPH APPLIES RE GARDLESS OF WHETHER THE WELL WATER SERVI CE IS 6
DELIVERED THROUGH A SINGLE METER OF A RESIDENT OR A MASTER METER. 7

(2) (I) A UTILITY VENDOR SUBJE CT TO THIS SUBSECTIO N SHALL 8
PROVIDE A RESIDENT WITH A UTILITY BILL BEFORE REQUIRING PAYMENT FOR ANY 9
WELL WATER SERVICE. 10

(II) A UTILITY BILL UNDER S UBPARAGRAPH (I) OF THIS 11
PARAGRAPH SHALL PROVIDE A WRITTEN STATEMENT EXPLAINING: 12

1. EACH CHARGE IMPOSED; 13

2. THE COST OF THE WELL WATER SERVICE; 14

3. ANY FEES IMPOSED AND THE BASIS FOR THE FE ES; 15
AND 16

4. THE METHOD USED TO DETERMINE THE COST OF THE 17
SERVICE. 18

(3) ON REQUEST OF A RESID ENT, A UTILITY VENDOR SHA LL ALLOW 19
THE RESIDENT TO INSP ECT RECORDS RETAINED BY THE UTILITY VENDO R THAT 20
DOCUMENT A BILL FOR WELL WATER SERVICE. 21

8A–604. 22

(A) THIS SECTION DOES NOT APPLY TO A RESIDENT AGAINST WHOM AN 23
ACTION FOR REPOSSESS ION IS PENDING IN AC CORDANCE WITH SUBTITLE 17 OF 24
THIS TITLE. 25

(B) A resident shall provide the park owner with a 30–day prior written notice of 26
the resident’s intention to sell the mobile home which will be removed from the site or 27
retained on the site after resale, subject to the provisions of this title. 28

8A–801. 29

(a) The park owner at all times shall: 30
22 SENATE BILL 729

(1) Comply with all applicable building, housing, zoning, and health codes; 1

(2) Keep in good repair the leased site and all permanent fixtures that the 2
park owner provides; 3

(3) Keep in a good state of appearance, repair, safety, and cleanliness the 4
common areas and buildings; 5

(4) Provide at all reasonable times for the benefit of residents access to 6
common areas, including their buildings and improvements, which access may not infringe 7
on the leased site of any resident; [and] 8

(5) Keep in good repair each utility service; AND 9

(6) BE AVAILABLE OR HAVE A DESIGNATED CONTACT AVAILABLE FOR 10
A RESIDENT TO REPORT AN EMERGENCY. 11

(b) (1) A park owner or an operator of a mobile home park, or the agent or 12
employee of a park owner or an operator of a mobile home park, may not refuse, withhold 13
from, or deny to any person any of the accommodations, advantages, facilities, or privileges 14
of the mobile home park or leases to the premises because of [the]: 15

(I) THE NONPAYMENT OF RENT OF A RESIDENT; OR 16

(II) THE race, creed, color, sex, sexual orientation, gender identity, 17
[or] DISABILITY, RELIGION, SOURCE OF INCOME , FAMILIAL STATUS , MARITAL 18
STATUS, MILITARY STATUS, OR national origin of that person. 19

(2) A RESIDENT AGGRIEVED BY A VIOLATION OF PAR AGRAPH (1)(II) 20
OF THIS SUBSECTION MAY BRING A CIVIL ACTION IN ACCORDANCE WITH § 20–1035 21
OF THE STATE GOVERNMENT ARTICLE TO OBTAIN APP ROPRIATE RELIEF FOR AN 22
ALLEGED DISCRIMINATORY HOUSING PRACTICE. 23

(C) (1) A PARK OWNER SHALL ENSURE T HAT EACH RESIDENT HA S 24
ACCESS TO A WATER SU PPLY THAT COMPLIES W ITH APPLICABLE FEDER AL AND 25
STATE PRIMARY AND SECONDARY DRINKING WATER REGULATIONS. 26

(2) (I) THIS PARAGRAPH APPLIE S TO A PARK WHERE RE SIDENTS 27
RECEIVE WATER FROM A SUPPLIER OF WATER , AS DEFINED IN § 9–401 OF THE 28
ENVIRONMENT ARTICLE. 29

(II) IF A PARK OWNER RECEIVES A CONSUMER WATER REPORT 30
FROM A SUPPLIER OF W ATER AS THE CUSTOMER OF RECORD, THE PARK OWNER 31
SHALL PROVIDE EACH RESIDENT WITH A COPY OF THE REPORT. 32
SENATE BILL 729 23

(3) IF THE SU PPLY OF WATER TO A R ESIDENT IS DISRUPTED FOR 1
MORE THAN 4 HOURS IN A 24–HOUR PERIOD, THE PARK OWNER SHALL PROVIDE THE 2
RESIDENT WITH AT LEAST 4 LITERS OF POTABLE WATER. 3

(D) (1) DURING NORMAL BUSINES S HOURS , A PARK OWNER SHALL B E 4
AVAILABLE FOR RESIDENTS TO CONTACT BY TELEPHONE AND E–MAIL REGARDING 5
COMPLAINTS, MAINTENANCE REQUESTS, AND OTHER PARK BUSINESS. 6

(2) A PARK OWNER SHALL PRO VIDE EACH RESIDENT W ITH 7
EMERGENCY CONTACT INFORMATION. 8

8A–1001. 9

(a) (1) (I) A park owner may not impose a security deposit in excess of the 10
equivalent of [2] 1 months’ rent, or [$50] $500, whichever is greater. 11

(II) If a security deposit exceeds [this] THE amount AUTHORIZED 12
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, the resident may recover DAMAGES 13
up to [threefold] THREE TIMES the extra money charged, plus reasonable attorney’s fees. 14

8A–1101. 15

[(a)] A park owner may only evict a resident for: 16

(1) Nonpayment of rent; or 17

(2) The following violations: 18

(i) Making or causing to be made, with knowledge, any 19
MATERIALLY false or misleading statement on an application for tenancy; 20

(ii) [Violation] A VIOLATION of a federal, State, or local law that [is 21
detrimental to] ENDANGERS the safety and welfare of other residents in the park; [or] 22

(iii) [Repeated] A SUBSTANTIAL violation of any rule or provision of 23
the rental agreement [occurring within a ] WITHIN THE 6–month period IMMEDIATELY 24
PRECEDING THE COMMENCEMENT OF THE EVICTION ACTION; OR 25

(IV) SUBLEASING THE PREMISES AFTER T HE PARK OWNER 26
DENIES THE REQUEST OF THE RESIDENT IN ACCORDANCE WITH § 8A–202(G)(2) OF 27
THIS TITLE. 28

[(b) A park owner shall deliver to the resident by certified mail, regular mail, or 29
personal delivery a written notice of the violation at least 30 days before the date the 30
24 SENATE BILL 729

resident is required to vacate the premises. The notice shall be specifically addressed to the 1
resident in question and shall provide a specific reason for the eviction.] 2

8A–1301. 3

(a) (1) For any reason listed in paragraph (2) of this subsection, a park owner 4
may not: 5

(i) Bring or threaten to bring an action for possession against a 6
resident; 7

(ii) Arbitrarily increase the rent or decrease the services to which a 8
resident has been entitled; [or] 9

(iii) INCONSISTENTLY OR ARBITRARILY ENFORCE A PROVISION 10
OF THE RENTAL AGREEMENT OR PARK RULES AGAINST A RESIDENT; OR 11

(IV) Terminate a periodic tenancy. 12

(2) A park owner may not take an action that is listed under paragraph (1) 13
of this subsection for any of the following reasons: 14

(i) Because the resident or the resident’s agent has provided written 15
or actual notice of a good faith complaint about an alleged violation of the rental agreement, 16
violation of law, or condition on the leased premises that is a sub stantial threat to the 17
health or safety of occupants to: 18

1. The park owner; or 19

2. Any public agency against the park owner; 20

(ii) Because the resident or the resident’s agent has: 21

1. Filed a lawsuit against the park owner; or 22

2. Testified or participated in a lawsuit involving the park 23
owner; or 24

(iii) Because the resident has participated in any tenant’s 25
organization. 26

(b) (1) A park owner’s violation of subsection (a) of this section is a “retaliatory 27
action”. 28

(2) A resident may raise a retaliatory action of a park owner: 29

SENATE BILL 729 25

(i) In defense to an action for possession; or 1

(ii) As an affirmative claim for damages resulting from a retaliatory 2
action of a park owner occurring during a tenancy. 3

(c) If in any proceeding the court finds in favor of the resident because the park 4
owner engaged in a retaliatory action, the court may enter judgment against the park 5
owner for damages not [to exceed] MORE THAN the equivalent of [3 months’] SIX TIMES 6
THE MONTHLY rent, reasonable attorney’s fees, and court costs. 7

(d) An action by a park owner may not be deemed to be retaliatory for purposes 8
of this section if the alleged retaliatory action occurs more than 6 months after a resident’s 9
action that is protected under subsection (a)(2) of this section. 10

(e) As long as a park owner’s termination of a tenancy is not the result of a 11
retaliatory action, nothing in this section may be interpreted to alter the park owner’s or 12
the resident’s rights arising from breach of any provision of a rental agreement or rule, or 13
either party’s right to terminate or not renew a rental agreement pursuant to the terms of 14
the rental agreement or the provisions of other applicable law. 15

(f) If any county has enacted or enacts an ordinance comparable in subject matter 16
to this section, this section shall supersede the provisions of the ordinance to the extent 17
that the ordinance provides less protection to a resident. 18

8A–1502. 19

(a) If it is claimed or appears to the court that a rental a greement or park rule 20
may be unconscionable, the court may give to the parties a reasonable opportunity to 21
present evidence as to the meaning of the rental agreement or park rule, relationship of the 22
parties, purpose, and other relevant factors to aid the court in making a determination. 23

(b) [A park rule that does not apply uniformly to all residents in a park creates 24
a] THERE IS A rebuttable presumption [of unfairness] THAT A PROVISION OF THE PARK 25
RULES IS UNCONSCIONABLE IF THE PROVISION IS: 26

(1) NOT APPLIED UNIFORMLY TO ALL RESIDENTS; OR 27

(2) ENFORCED INCONSISTENT LY OR ARBITRARILY BY THE PARK 28
OWNER. 29

(c) In determining if a provision of a rental agreement or of a park rule is 30
unconscionable, the court may consider if the provision: 31

(1) Promotes the convenience, safety, or welfare of residents; 32

(2) Preserves from abusive use property of the park owner; 33
26 SENATE BILL 729

(3) Promotes a fair distribution of services or facilities held out to residents 1
generally; 2

(4) Relates reasonably to its purpose; 3

(5) Applies to all residents in a fair manner; 4

(6) Is sufficiently explicit for a resident to comply; and 5

(7) Is for the purpose of evading an obligation of the park owner. 6

(d) If a court finds that any provision of a rental agreement or park rule is 7
unconscionable, the court may: 8

(1) Refuse to enforce the rental agreement or park rule; 9

(2) Enforce the remainder of the rental agreement or park rule without the 10
unconscionable provision; or 11

(3) Limit the application of any unconscionable provision as to avoid any 12
unconscionable result. 13

(e) (1) If the effect of any provision of a rental agreement is to indemnify the 14
park owner, hold [him] THE PARK OWNER harmless, or preclude or exonerate [him] THE 15
PARK OWNER from any liability to a mobile home resident, or to any other person, for any 16
injury, loss, damage, or liability arising from any omission, fault, negligence, or other 17
misconduct of the park owner on or about the leased premises not within the exclusive 18
control of the mobile home resident, the provision is against public policy and void. 19

(2) An insurer may not claim a right of subrogation by reason of the 20
invalidity of this provision. 21

8A–1701. 22

(A) (1) BEFORE A PARK OWNER M AY FILE A COMPLAINT FOR 23
REPOSSESSION OF THE PREMISES UNDER THIS SUBTITLE, THE PARK OWNER SHALL 24
PROVIDE THE RESIDENT AND ANY KNOWN SUBTEN ANT WITH WRITTEN NOT ICE OF 25
THE PARK OWNER’S INTENT TO FILE THE COMPLAINT. 26

(2) THE PARK OWNER SHALL PROVIDE THE NOTICE U NDER 27
PARAGRAPH (1) OF THIS SUBSECTION: 28

(I) AT LEAST 30 DAYS BEFORE FILING A COMPLAINT UNDER § 29
8A–1702 OR § 8A–1704 OF THIS SUBTITLE; OR 30

SENATE BILL 729 27

(II) AT LEAST 90 DAYS BEFORE FILING A COMPLAINT UNDER § 1
8A–1703 OF THIS SUBTITLE. 2

(3) THE NOTICE UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL: 3

(I) BE SENT BY FIR ST–CLASS MAIL WITH CERT IFICATE OF 4
MAILING; 5

(II) BE ADDRESSED TO THE R ESIDENT AND , IF APPLICABLE , 6
THE SUBTENANT; 7

(III) STATE THE TYPE OF COM PLAINT THAT THE PARK OWNER 8
INTENDS TO FILE AND THE BASIS FOR THE COMPLAINT; AND 9

(IV) BE PROVIDED IN A FOR M DEVELOPED BY THE MARYLAND 10
JUDICIARY. 11

(B) IF A RESIDENT RECEIVE S A NOTICE UNDER SUB SECTION (A) OF THIS 12
SECTION THAT ALLEGES THE NONPAYMENT OF RE NT, THE RESIDENT SHALL H AVE 13
10 DAYS FROM THE DATE T HE RESIDENT RECEIVES THE NOTICE TO CURE T HE 14
NONPAYMENT BEFORE THE PARK OWNER MAY FILE A COMPLAINT IN ACCORDANCE 15
WITH § 8A–1702 OF THIS SUBTITLE. 16

(C) (1) A PARK OWNER SHALL JOI N ANY KNOWN SUBTENAN T OF THE 17
RESIDENT AS A DEFEND ANT IN AN ACTION FOR REPOSSESSION OF THE PREMISES 18
UNDER THIS SUBTITLE. 19

(2) A PARK OWNER MAY NOT REPOSS ESS THE PREMISES FRO M A 20
SUBTENANT UNLESS A V IOLATION HAS BEEN CO MMITTED UNDER § 8A–1101 OR § 21
8A–1103 OF THIS TITLE. 22

(D) THE NOTICE REQUIREMEN T UNDER SUBSECTION (A)(2) OF THIS 23
SUBSECTION APPLIES REGARDLESS OF THE TERM OF THE TENANCY. 24

(E) A PARK OWNER MAY NOT F ILE A COMPLAINT AGAI NST A RESIDENT OR 25
SUBTENANT FOR REPOSSESSION OF THE PREMISES UNDER TITLE 8, SUBTITLE 4 OF 26
THIS ARTICLE. 27

[8A–1701.] 8A–1702. 28

(a) Whenever the resident under any rental agreement, express or implied, verbal 29
or written, shall fail to pay the rent when due and payable, it shall be lawful for the park 30
owner to have again and repossess the premises so rented. 31

28 SENATE BILL 729

(b) (1) Whenever any park owner shall desire to repossess any premises to 1
which [he] THE PARK OWNER is entitled, [he or his ] THE PARK OWNER OR TH E duly 2
qualified agent or attorney OF THE PARK OWNER, shall make [his] A written complaint 3
under oath or affirmation, before the District Court of the county wherein the property is 4
situated, describing in general terms the property sought to be repossessed, and also setting 5
forth the name of the resident to whom the property is rented or [his] THE assignee or THE 6
subtenant with the amount of rent due and unpaid[;] and praying by warrant to repossess 7
the premises, together with judgment for the amount of rent due and costs. 8

(2) The District Court shall issue its summons, directed to any constable or 9
sheriff of the county entitled to serve process, and ordering [him] THE CONSTABLE OR 10
SHERIFF to notify by first–class mail the tenant, assignee, or subtenant to appear before 11
the District Court at the trial to be held on the fifth day after the filing of the complaint, to 12
answer the park owner’s complaint to show cause why the prayer of the park owner should 13
not be granted, and the constable or sheriff shall proceed to serve the summons [upon] ON 14
the resident, assignee, or subtenant in the property or [upon his ] THE known or authorized 15
agent OF THE RESIDENT, ASSIGNEE, OR SUBTENANT, but if for any reason, neither the 16
resident, assignee, [or] subtenant, nor [his] AN agent, can be found, then the constable or 17
sheriff shall affix an attested copy of the summons conspicuously [upon] ON the mobile 18
home. 19

(3) The affixing of the summons [upon] ON the mobile home after due 20
notification to the resident, assignee, or subtenant by first–class mail shall conclusively be 21
presumed to be a sufficient service to all persons to support the entry of a default judgment 22
for possession of the premises, together with court costs, in favor of the park owner, but it 23
[shall] MAY not be sufficient service to support a default judgment in favor of the park 24
owner for the amount of rent due. 25

(c) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, 26
the court is satisfied that the interests of justice will be better served by an adjournment to 27
enable either party to procure [his] necessary witnesses[, he may] OR EVIDENCE, OR FOR 28
THE RESIDENT TO ACCE SS LEGAL REPRESENTAT ION UNDER TITLE 8, SUBTITLE 9 29
OF THIS ARTICLE, THE COURT SHALL adjourn the trial for a REASONABLE period [not 30
exceeding 1 day, except that if the consent of all parties is obtained, the trial may be 31
adjourned for a longer period of time] OR A PERIOD DETERMINED BY THE PARTIES. 32

(2) If, when the trial occurs, it appears to the satisfaction of the court, that 33
the rent, or any part of the rent, is actually due and unpaid, the court shall determine t he 34
amount of rent due and enter a judgment in favor of the park owner for possession of the 35
premises. The court may also give judgment in favor of the park owner for the amount of 36
rent determined to be due together with costs of the suit if the court finds that the actual 37
service of process made on the defendant would have been sufficient to support a judgment 38
in an action in contract or tort. 39

SENATE BILL 729 29

(3) The court, when entering the judgment, shall also order the resident to 1
yield and render possession of the p remises to the park owner, or [his] THE agent or 2
attorney OF THE PARK OWNER, within 30 days after the trial. 3

(4) The court may, [upon] ON presentation of a certificate signed by a 4
physician certifying that surrender of the premises within this 30 –day pe riod would 5
endanger the health or life of the resident or any other occupant of the premises, extend 6
the time for surrender of the premises as justice may require. However, the court may not 7
extend the time for the surrender of the premises beyond 45 days after the trial. 8

(5) However, if the resident [, or someone for him, ] at the trial, or 9
adjournment of the trial, tenders to the park owner the rent determined by the court to be 10
due and unpaid, together with the costs of the suit, the complaint against the resident shall 11
be entered as being satisfied. 12

(d) (1) [If] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF 13
judgment is given in favor of the park owner, and the resident fails to comply with the 14
requirements of the order within 15 days, the court shal l, at any time after the expiration 15
of the 15 days, issue its warrant, directed to any official of the county entitled to serve 16
process, ordering [him] THE OFFICIAL to cause the park owner to have again and repossess 17
the property by putting [him (or his] THE PARK OWNER, OR THE duly qualified agent or 18
attorney [for his benefit) ] OF THE PARK OWNER , in possession [thereof, and for that 19
purpose to remove from the property, by force if necessary, the mobile home and all 20
additions or attachments of every descri ption whatsoever belonging to the resident, or to 21
any person claiming or holding by or under said resident]. 22

(2) If the park owner does not order a warrant of restitution within 60 days 23
from the date of judgment or from the expiration date of any stay of execution, whichever 24
shall be the later, the judgment for possession shall be stricken. 25

(3) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SUBSECTION 26
SHALL BE EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF § 8A–1706 OF THIS 27
SUBTITLE. 28

(e) (1) Subject to paragraph (3) of this subsection, in any action of summary 29
ejectment for failure to pay rent where the park owner is awarded a judgment giving the 30
park owner restitution of the leased premises, the resident shall have the right to 31
redemption of the leased premises by tendering in cash, certified check, or money order to 32
the park owner or the park owner’s agent all past due rent and late fees, plus all court 33
awarded costs and fees, at any time before actual execution of the eviction order. 34

(2) An electronic or written check issued by a political subdivision or on 35
behalf of a governmental entity shall have the same legal effect as a payment made by the 36
resident under paragraph (1) of this subsection. 37

30 SENATE BILL 729

(3) This subsection does not apply to any resident aga inst whom three 1
judgments of possession have been entered for rent due and unpaid in the 12 months prior 2
to the initiation of the action to which this subsection otherwise would apply. 3

(f) The resident or the park owner may appeal from the judgment of the District 4
Court to the circuit court for any county at any time within [2] 15 days from the rendition 5
of the judgment. The resident, in order to stay any execution of the judgment, shall giv e a 6
bond [to the park owner with one or more sureties, who are owners of sufficient property 7
in the State of Maryland ] AND PAY RENT INTO ES CROW IN ACCORDANCE W ITH § 8
8A–1705 OF THIS SUBTITLE , with condition to prosecute the appeal with effect [, and 9
answer to the park owner in all costs and damages mentioned in the judgment, and such 10
other damages as shall be incurred and sustained by reason of the appeal. The bond shall 11
not affect in any manner the right of the park owner to proceed against the resident, 12
assignee, or subtenant for any and all rents that may become due and payable to the park 13
owner after the rendition of the judgment]. 14

[8A–1702.] 8A–1703. 15

(a) (1) A resident under any lease or someone holding under [him] THE 16
RESIDENT, who shall unlawfully hold over beyond the termination of the rental agreement, 17
shall be liable to the park owner for the actual damages caused by the holding over. 18

(2) The damages awarded to a park owner against the resident or someone 19
holding under [him] THE RESIDENT, may n ot be less than the apportioned rent for the 20
period of holdover at the rate under the rental agreement. 21

(3) Any action to recover damages under this section may be brought by 22
suit separate from the eviction or removal proceeding or in the same action and in any court 23
having jurisdiction over the amount in issue. 24

(4) Nothing contained herein is intended to limit any other remedies which 25
a park owner may have against a holdover resident under the rental agreement or under 26
applicable law. 27

(b) (1) Where any interest in property shall be leased for any definite term or 28
at will, and the park owner shall desire to repossess the property after the expiration of the 29
term for which it was leased and shall give notice in [writing 1 month ] ACCORDANCE 30
WITH § 8A–1701 OF THIS SUBTITLE before the expiration of the term or determination of 31
the will to the resident or to the person actually in possession of the property to remove 32
from the property at the end of the term, and if the resident or person in actual possession 33
shall refuse to comply, the park owner may make complaint in writing to the District Court 34
of the county where the property is located. The court shall issue its summons to the 35
resident or person in possession that [he] THE RESIDENT OR PERS ON IN POSSESSION 36
appear on a day stated in the summons before the court to show cause [(if any he have)], 37
IF ANY, why restitution of the possession of the estate leased should not be made to the 38
park owner. [Upon] ON the failure of either of the parties to appear before the court on the 39
SENATE BILL 729 31

day stated in the summons, the court may continue the case to a day not less than 6 [nor] 1
DAYS OR more than 10 days after the day first stated and notify the parties of the 2
continuance. 3

(2) If [upon] ON hearing the parties, or in ca se the resident or person in 4
possession shall neglect to appear after the summons and continuance the court shall find 5
that the park owner had been in possession of the leased property, that the said lease or 6
estate is fully ended and expired, that due notice to quit as aforesaid had been given to the 7
resident or person in possession and that [he] THE RESIDENT OR PERS ON IN 8
POSSESSION had refused so to do, the court shall [thereupon] give judgment for the 9
restitution of the possession of said premises and sh all forthwith issue its warrant to the 10
sheriff or a constable in the respective counties commanding [him] THE SHERIFF OR 11
CONSTABLE forthwith to deliver to the park owner possession thereof in as full and ample 12
manner as the park owner was possessed of the same at the time when the leasing was 13
made, and shall give judgment for costs against the resident or person in possession so 14
holding over. 15

(3) (I) Either party shall have the right to appeal therefrom to the 16
circuit court for the county within [ten] 10 days from the judgment. [If the resident appeals 17
and files with the District Court an affidavit that the appeal is not taken for delay, and also 18
a good and sufficient bond with one or more securities conditioned that he will prosecute 19
the appeal with effect and well and truly pay all rent in arrears and all costs in the case 20
before the District Court and in the appellate court and all loss or damage which the park 21
owner may suffer by reason of the resident’s holding over, including the value of the 22
premises during the time he shall so hold over, then the resident or person in possession of 23
said premises may retain possession thereof until the determination of said appeal.] 24

(II) TO STAY EXECUTION OF THE JUDGMENT ON APPE AL, THE 25
RESIDENT OR PERSON IN POSSESSION SHALL: 26

1. COMPLY WITH THE BOND AND ESCROW 27
REQUIREMENTS OF § 8A–1705 OF THIS SUBTITLE; AND 28

2. PAY ALL LOSSES OR DAM AGES THAT THE PARK 29
OWNER MAY SUFFER FROM THE HOLDOVER. 30

(III) The appellate court shall, [upon] ON application of either party, 31
set a day for the hearing of the appeal, not less than 5 [nor] DAYS OR more than 15 days 32
after the application, and notice for the order for a hearing shall be served on the opposite 33
party [or his counsel ] at least 5 days before the hearing. If the judgment of the District 34
Court shall be in favor of the park owner, a warrant shall be issued by the appellate court 35
to the sheriff, who shall proceed forthwith to execute the warrant. 36

[(3) The provisions of this section shall apply to all cases of tenancies from 37
year to year, tenancies of the month and by the week. In case of tenancies from year to year, 38
32 SENATE BILL 729

notice in writing shall be given 3 months before the expiration of the current year of the 1
tenancy, and in monthly or weekly tenancies, a notice in writing of 1 month, shall be so 2
given; and the same proceeding shall apply, so far as may be, to cases of forcible entry and 3
detainer. 4

(4) When the resident shall give notice by parole to the park owner or to 5
his agent or representatives, at least 1 month before the expiration of the lease or tenancy 6
in all cases except in cases of tenancies from year to year, and at least 3 months’ notice in 7
all cases of tenancy from year to year, of the intention of the tenant to remove at the end of 8
that year and to surrender possession of the property at that time, and the park owner, his 9
agent, or representative shall prove the notice from the resident by competent testimony, 10
it shall not be necessary for the park owner, his agent or representative to provide a written 11
notice to the resident, but the proof of such notice from the resident as aforesaid shall entitle 12
the park owner to recover possession of the property hereunder.] 13

(C) A WARRANT OF RESTITUTI ON ISSUED UNDER SUBS ECTION (B)(2) OF 14
THIS SECTION SHALL B E EXECUTED IN COMPLI ANCE WITH THE PROVIS IONS OF § 15
8A–1706 OF THIS SUBTITLE. 16

(D) IF THE PARK OWNER DOES NOT ORDER A WARRANT OF RESTITUTION 17
WITHIN 60 DAYS AFTER THE DATE OF JUDGMENT OR AFTER THE EXPIRATION DATE 18
OF ANY STAY OF EXECU TION, WHICHEVER IS LATER , THE JUDGMENT FOR 19
POSSESSION SHALL BE STRICKEN. 20

[8A–1703.] 8A–1704. 21

(a) (1) [When a rental agreement provides that the ] THE park owner may 22
FILE A COMPLAINT TO repossess the premises if [the]: 23

(I) THE resident breaches the rental agreement [, and the ] AS 24
DESCRIBED UNDER § 8A–1101(2)(III) OF THIS TITLE; 25

(II) THE park owner has giv en the resident [1 month’s ] written 26
notice IN ACCORDANCE WITH § 8A–1701 OF THIS SUBTITLE that the resident is in 27
violation of the rental agreement and the park owner desires to repossess the premises [, 28
and if the]; AND 29

(III) THE resident or person in actual possession refuses to comply [, 30
the park owner may make complaint in writing to the District Court of the county where 31
the premises is located]. 32

(2) THE PARK OWNER SHALL FILE THE COMPLAINT U NDER 33
PARAGRAPH (1) OF THIS SUBSECTION IN WRITIN G WITH THE DISTRICT COURT IN 34
THE COUNTY WHERE THE PREMISES ARE LOCATED. 35

SENATE BILL 729 33

(3) The court shall summons immediately the resident or person in 1
possession to appear before the court on a day stated in the summons to show cause, if any, 2
why restitution of the possession of the leased premises should not be made to the park 3
owner. 4

(4) If either of the parties fails to appear before the court on the day stated 5
in the summons, the court may continue the case for not less than 6 [nor] DAYS OR more 6
than 10 days and notify the parties of the continuance. 7

(b) (1) If the court determines that the resident breached the terms of the 8
rental agreement and that the breach warrants an eviction, the court shall give judgment 9
for the restitution of the possession of the premises and issue its warrant to the sheriff or 10
a constable commanding [him] THE SHERIFF OR CONSTABLE to deliver possession to the 11
park owner in as full and ample manner as the park owner was possessed of the same at 12
the time when the r ental agreement was entered into. The court shall give judgment for 13
costs against the resident or person in possession. 14

(2) (I) Either party may appeal to the circuit court for the county within 15
10 days from entry of the judgment. [If the resident (1) files with the District Court an 16
affidavit that the appeal is not taken for delay; (2) files sufficient bond with one or more 17
securities conditioned upon diligent prosecution of the appeal; (3) pays all rent in arrears, 18
all court costs in the case; and (4) pays all losses or damages which the park owner may 19
suffer by reason of the resident’s holding over, the resident or person in possession of the 20
premises may retain possession until the determination of the appeal.] 21

(II) TO STAY EXECUTION OF THE JUDGMENT ON APPEAL , THE 22
RESIDENT OR PERSON IN POSSESSION SHALL: 23

1. COMPLY WITH THE BOND AND ESCROW 24
REQUIREMENTS OF § 8A–1705 OF THIS SUBTITLE; AND 25

2. PAY ALL LOSSES OR DAM AGES THAT THE PARK 26
OWNER MAY SUFFER FROM THE HOLDOVER. 27

(3) [Upon] ON application of either party, the court shall set a day for the 28
hearing of the appeal not less than 5 [nor] DAYS OR more than 15 days after the 29
application, and notice of the order for a hearing shall be served on the other party [or his 30
counsel] at least 5 days before the hearing. If the judgment of the District Court is in favor 31
of the park owner, a warrant shall be issued by the court which hears the appeal to the 32
sheriff, who shall execute the warrant. 33

(C) A WARRANT OF RESTITUTION ISSUED UNDER SUBSECTION (B) OF THIS 34
SECTION SHALL BE EXECUTED IN COMPLIANCE WITH § 8A–1706 OF THIS SUBTITLE. 35

34 SENATE BILL 729

(D) IF THE PARK OWNER DOE S NOT ORDER A WARRAN T OF RESTITUTION 1
WITHIN 60 DAYS AFTER THE DATE OF JUDGMENT OR AFTER THE EXPIRATION DATE 2
OF ANY STAY OF EXECU TION, WHICHEVER IS L ATER, THE JUDGMENT FOR 3
POSSESSION SHALL BE STRICKEN. 4

8A–1705. 5

(A) THIS SECTION APPLIES TO AN APPEAL OF A JU DGMENT UNDER §§ 6
8A–1702 THROUGH 8A–1704 OF THIS SUBTITLE TO THE CIRCUIT COURT BY A 7
RESIDENT OR A PERSON HOLDING UNDER A RESIDENT. 8

(B) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 9
BOND AMOUNT FOR AN A PPEAL UNDER THIS SEC TION SHALL BE DETERM INED BY 10
THE COURT AND MAY NOT EXCEED THE EQUIVALENT OF 1 MONTH’S RENT. 11

(II) THE AMOUNT DETERMINED BY THE COURT UNDER 12
SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY NOT INCLUDE ANY FEES OR RENT DUE 13
AND UNPAID. 14

(2) IF AN ATTORNEY FOR A RESIDENT OR A PERSON HOLDING UNDER 15
THE RESIDENT FILES A N AFFIDAVIT THAT THE APPEAL WAS FILED IN GOOD FAITH 16
AND WITHOUT INTENT TO DELAY THE PROCEEDING, THE COURT SHALL WAIVE THE 17
BOND REQUIREMENT IN PARAGRAPH (1) OF THIS SUBSECTION. 18

(C) (1) (I) ON APPEAL , THE DISTRICT COURT SHALL IMMEDIATE LY 19
ENTER AN ORDER DIRECTING THE RESIDENT OR ANY PERSON HOLDING UNDER THE 20
RESIDENT TO PAY ALL RENT THAT COMES DUE DURING THE PENDENCY OF THE 21
ACTION INTO THE REGISTRY OF AN ESCROW ACCOUNT OF: 22

1. THE CLERK OF THE CIRCUIT COURT; 23

2. AN ADMINISTRATIVE AGE NCY OF THE COUNTY TH AT 24
IS EMPOWERED BY LOCA L LAW TO HOLD RENTS IN ESCROW PENDING 25
INVESTIGATION AND DISPOSITION OF COMPLAINTS BY RESIDENTS; OR 26

3. THE PARK OWNER. 27

(II) THE ORDER OF THE DISTRICT COURT SHALL REQUIRE THE 28
RENT TO BE PAID WHEN DUE UNDER THE RENTAL AGREEMENT AND BEGIN WITH THE 29
NEXT RENT DUE DATE AFTER THE APPEAL WAS FILED. 30

(2) (I) IF THE RESIDENT OR AN Y PERSON HOLD ING UNDER THE 31
RESIDENT FAILS TO PAY RENT AS IT COMES DUE UNDER THE TERMS OF THE ORDER, 32
SENATE BILL 729 35

THE CIRCUIT COURT, ON MOTION OF THE PARK OWNER AND CERTIFICATION OF THE 1
STATUS OF THE DELINQUENT ACCOUNT BY THE CLERK, THE AGENCY, OR THE PARK 2
OWNER, AS APPLICABLE , SHALL CONDUCT A HEARING WITHIN 30 DAYS AFTER 3
CERTIFICATION OF THE STATUS OF THE DELINQUENT ACCOUNT. 4

(II) THE ESCROW ORDER OF T HE DISTRICT COURT AND THE 5
CERTIFICATION OF THE CLERK OR AGENCY ARE PRESUMED TO BE VALID. 6

(III) THE RESIDENT OR PERSON HOLDING UNDER THE RESIDENT 7
MAY DISPUTE THE VALIDITY OR TERMS OF THE DISTRICT COURT’S ESCROW ORDER 8
OR RAISE ANY OTHER D EFENSE TO THE ALLEGE D NONCOMPLIANCE WITH THE 9
ORDER. 10

(IV) IF THE CIRCUIT COURT DETERMINES THAT THE FAILURE TO 11
PAY IS WITHOUT LEGAL JUSTIFICATION, THE COURT MAY TREAT A RESIDENT ’S 12
DEMAND FOR JURY TRIAL AS WAIVED, AND MAY EITHER IMMEDIATELY CONDUCT A 13
NONJURY TRIAL OR SET THE MATTER FOR A FUT URE NONJURY TRIAL ON THE 14
MERITS OF THE PARK OWNER’S CLAIM. 15

(3) (I) ON FINAL DISPOSITION OF THE ACTION , THE CIRCUIT 16
COURT SHALL ORDER DI STRIBUTION OF THE RE NT ESCROW ACCOUNT IN 17
ACCORDANCE WITH THE JUDGMENT. 18

(II) IF NO JUDGMENT IS ENT ERED, THE CIRCUIT COURT SHALL 19
ORDER DISTRIBUTION T O THE PARTY ENTITLED TO THE RENT ESC ROW ACCOUNT 20
AFTER THE HEARING. 21

(4) IF A RESIDENT OR A PE RSON HOLDING UNDER T HE RESIDENT 22
SATISFIES THE BOND A ND ESCROW REQUIREMEN TS OF THIS SECTION , THE 23
SATISFACTION SHALL B E A COMPLETE DEFENSE TO AN ACTION BROUGHT BY THE 24
PARK OWNER FOR RENT THAT BECOMES DUE AND UNPAID AFTER THE JUDGMENT. 25

8A–1706. 26

(A) FOLLOWING THE EXECUTI ON OF A WARRANT OF R ESTITUTION IN 27
ACCORDANCE WITH §§ 8A–1702 THROUGH 8A–1704 OF THIS SUBTITLE AND 28
SUBJECT TO SUBSECTION (D) OF THIS SECTION, A RESIDENT SHALL HAVE AT LEAST 29
30 DAYS BEFORE THE PARK OWNER MAY REPOSSESS THE PREMISES OF A RESIDENT. 30

(B) DURING THE TIME PERIO D ESTABLISHED UNDER SUBSECTION (A) OF 31
THIS SECTION: 32

36 SENATE BILL 729

(1) THE PARK OWNER SHALL, BETWEEN THE HOURS OF 8:00 A.M. AND 1
7:00 P.M., GRANT THE RESIDENT ACCESS TO THE PARK AND THE RESIDENT’S MOBILE 2
HOME FOR THE RESIDENT TO: 3

(I) RECOVER PERSONAL PROPERTY; AND 4

(II) MAKE IMPROVEMENTS TO THE MOBILE HOME; AND 5

(2) THE RESIDENT MAY SELL THE MOBILE HOME TO A THIRD PARTY. 6

(C) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE PARK 7
OWNER SHALL MAKE A W RITTEN OFFER TO THE RESIDENT TO PURCHASE THE 8
MOBILE HOME AND ANY IMPROVEMENTS WITHIN 20 DAYS AFTER THE EXECUTION OF 9
A WARRANT OF RESTITUTION. 10

(2) (I) THE OFFER BY THE PARK OWNER MAY NOT BE LES S THAN 11
THE APPRAISED VALUE , AS DETERMINED BY A QUAL IFIED AND DISINTERES TED 12
APPRAISER. 13

(II) THE PARK OWNER SHALL BE RESPONSIBLE FOR OBTAINING 14
THE APPRAISAL AND THE COST OF THE APPRAISAL. 15

(III) THE OFFER BY THE PARK OWNER MAY NOT INCLUD E 16
UNREASONABLE PAYMENT OR FINANCING TERMS. 17

(3) TO BE ELIGIBLE TO REC EIVE AN OFFER FROM T HE PARK OWNER 18
UNDER THIS SUBSECTION, THE RESIDENT SHALL: 19

(I) DURING NORMAL BUSINESS HOURS, ALLOW AN APPRAISER 20
TO INSPECT THE MOBILE HOME FOR THE PURPOSES OF COMPLETING AN APPRAISAL; 21
AND 22

(II) RESPOND TO REQUESTS FROM THE AP PRAISER FOR 23
INFORMATION ABOUT THE CONDITION OF THE MOBILE HOME IN A TIMELY MANNER. 24

(4) (I) A RESIDENT SHALL HAVE 10 DAYS AFTER THE DATE OF 25
DELIVERY OF THE OFFER TO ACCEPT THE OFFER. 26

(II) IF A RESIDENT FAILS TO RESPOND TO AN OFFER FROM THE 27
PARK OWNER WITHIN 10 DAYS AFTER THE DATE OF DELIVERY OF THE O FFER, THE 28
OFFER SHALL BE CONSIDERED REJECTED. 29

SENATE BILL 729 37

(D) (1) A COURT MAY EXTEND THE TIME PERIOD UNDER SUBSECTION (A) 1
OF THIS SECTION ON A SHOWING OF GOOD CAUSE. 2

(2) IN MAKING A DETERMINA TION OF GOOD CAUSE , THE COURT 3
SHALL CONSIDER: 4

(I) PERSONAL HARDSHIP TO THE RESIDENT; 5

(II) A PENDING SALE OF THE MOBILE HOME OR A LEG ITIMATE 6
DELAY IN THE TRANSFER OF OWNERSHIP; AND 7

(III) ANY OTHER FACTOR THAT THE COURT CONSIDERS 8
RELEVANT. 9

(E) FOLLOWING THE TIME PE RIOD ESTABLISHED UND ER SUBSECTION (A) 10
OF THIS SECTION AND, IF APPLICABLE, EXTENDED UNDER SUBSECTION (C) OF THIS 11
SECTION, A PARK OWNER MAY TAKE POSSESSION OF THE PREMISES. 12

(F) IF A PARK OWNER DISPO SES OF THE ABANDONED PROPERTY OF THE 13
RESIDENT BY SALE, THE RESIDENT SHALL BE ENTITLED TO ANY PROCEEDS OF THE 14
SALE THAT EXCEED REN T DUE AND UNPAID FEE S OWED BY THE RESIDE NT TO THE 15
PARK OWNER. 16

(G) IF IN ANY PROCEEDING A COURT DETERMINES T HAT A PARK OWNER 17
VIOLATED A PROVISION OF THIS SECTION, THE RESIDENT MAY RECOVER: 18

(1) ACTUAL DAMAGES; 19

(2) REASONABLE ATTORNEY’S FEES AND COSTS; AND 20

(3) ANY OTHER REMEDY THE COURT FINDS REASONABLE. 21

SECTION 2. AND BE IT FURTHER ENACTED, That: 22

(a) On or before December 1, 2026, the Maryland Judiciary shall develop and 23
publish on its website a form titled “Notice of Intent to File a Complaint for Repossession 24
of the Premises” to facilitate the implementation of § 8A–1701 of the Real Property Article, 25
as enacted by Section 1 of this Act. 26

(b) The form required under subsection (a) of this section shall include: 27

(1) The date the notice is provided to the resident or subtenant of the park; 28

38 SENATE BILL 729

(2) A specific description of the alleged violation by the resident or 1
subtenant under § 8A–1101 or § 8A–1703 of the Real Property Article, as enacted by Section 2
1 of this Act; 3

(3) A statement containing information on rental assistance programs if 4
the notice was provided for the nonpayment of rent; 5

(4) The contact information of the park owner; 6

(5) If applicable, a statement that the resident or subtenant has 10 days 7
after receipt of the notice to cure the nonpayment of rent before the park owner may initiate 8
an action for repossession in the District Court; 9

(6) A statement that the resident has the legal right to dispute the violation 10
alleged under Title 8A, Subtitle 17 of the Real Property Article, as enacted by Section 1 of 11
this Act; 12

(7) Contact information for nonprofit legal services organizations that may 13
provide legal advice or access to legal representation to the resident or subtenant, as 14
compiled by the Maryland Legal Services Corporation; and 15

(8) Contact information for the following resources of the court: 16

(i) The Alternative Dispute Resolution Office; and 17

(ii) The Self–Help Center. 18

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 19
apply only prospectively and may not be applied or interpreted to have any effect on or 20
application to: 21

(1) any cause of action for repossession of the premis es for failure to pay 22
rent, breach of rental agreement, or holdover under Title 8A, Subtitle 17 of the Real 23
Property Article, as enacted by Section 1 of this Act, initiated before the effective date of 24
this Act; or 25

(2) any rental agreement entered into before the effective date of this Act. 26

SECTION 4. AND BE IT FURTHER ENACTED, That Section(s) 8A –404 through 27
8A–406 of Article – Real Property of the Annotated Code of Maryland be renumbered to be 28
Section(s) 8A–403 through 8A–405, respectively. 29

SECTION 5. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31