ANNAPOLIS, Md. — Maryland's highest court is weighing in on a proposed bill that would provide renters with more housing protections.
The Tenant Safety Act of 2024 was recently introduced in the General Assembly by Delegate Vaughn Stewart.
It would require landlords to issue warranties stating that rental properties are fit for human habitation.
While current housing laws already cover tenants exposed to various serious/dangerous conditions and defects, HB1117 specifically includes mold.
In a memo addressed to the House Environment and Transportation Committee, Maryland Chief Justice Matthew Fader opposed the bill's passage describing its language as "vague and overly broad."
"The bill does not specify how much mold would trigger a landlord’s duty to eliminate the defect or what evidence would be admissible to demonstrate the existence of mold," wrote Fader.
In the event a tenant does file a mold complaint, the bill would enable them to avoid paying rent to the landlord.
Instead they'd only be obligated to pay half of the amount owed in escrow. The law would also permit tenants to join complaints of others.
Fader argued provisions of the law would create problems in "distributing funds and fashioning judgments."
"It would remove the needed discretion of a judge to adjudicate each case based on the unique facts of the case and the evidence presented at the hearing," added Fader.
The Chief Justice suggested the idea of paying rent in escrow should be a separate issue from landlord warranty breaches.
"This bill conflates two causes of action," said Fader, while calling the bill's current format "confusing and unworkable."
As it stands now, the bill has been referred to committee after passing its first reading.
