§ 8-4. Rent increases barred – during states of emergency.
(a) "Emergency" defined.
In this section, "emergency" means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under State Public Safety Article, § 14-3A-02.
(b) Scope.
This section only applies to rental fee increases on existing tenants during an emergency. Nothing in this section may be construed as applying to leases for new tenants. Further, nothing in this section with respect to an increase in the tenant's portion of a rental fee applies to any public housing authority who must comply with federal laws, regulations, or other federal requirements to determine a tenant's rental fee.
(c) In general.
A landlord may not increase a tenant's rental fee if:
(1) the increase would take effect during an emergency; or
(2) notice of the increase is not in compliance with subsection (d) of this section.
(d) Notice of rent adjustment.
(1) In general.
During an emergency and within 90 days after the expiration of an emergency, a landlord may not notify a tenant of a rental fee increase.
(2) Pre-emergency rent increase notices.
A landlord must inform a tenant in writing to disregard any notice of a rental fee increase if:
(i) the landlord provided the notice to the tenant prior to an emergency; and
(ii) the effective date of the increase would occur on or after the date the emergency began.
(e) Late fees prohibited.
(1) "Late fee" defined.
(i) In this subsection, "late fee" means any additional charge or fee imposed because a rental fee is not made when the rental fee is due under the terms of a lease.
(ii) "Late fee" includes a fee imposed:
(A) as a flat rate;
(B) as a percentage of the rental fee due; or
(C) in any other terms.
(2) In general.
A landlord may not charge, assess, or otherwise seek to collect a late fee from a tenant for the nonpayment or the late payment of a rental fee that comes due during an emergency.
(f) City to post notice.
The Department of Housing and Community Development must post on its website information regarding the requirements of this section, including the date that an emergency expires and the date that is 90 days after the expiration of the emergency.