(a) Definitions. In this Section, the following terms have the meanings indicated.
Emergency means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under Section 14-3A-02 of the Public Safety Article of the Maryland Code.
Tenant has the meaning stated in Section 29-1. Tenant includes an existing tenant. Tenant does not include a prospective tenant.
(b) Rent increases above guidelines – when prohibited. A landlord must not increase a tenant’s rent to an amount that exceeds the voluntary rent guidelines under Section 29-53 if:
(1) the rent increase would take effect during the emergency; or
(2) notice of the rent increase does not comply with subsection (c) and Section 29-54.
(c) Notices of rent adjustments.
(1) During the emergency and until May 15, 2022, a landlord must not notify a tenant of a rent increase if the increase would exceed the voluntary rent guidelines under Section 29-53.
(2) If a landlord provided notice of a rent increase to a tenant prior to the emergency and the increase would exceed the voluntary rent guidelines under Section 29-53, the landlord must inform the tenant in writing:
(A) to disregard the notice; or
(B) that the increase is amended to be less than or equal to the voluntary rent guidelines under Section 29-53.
(d) Late fees – when prohibited. A landlord must not charge a fee to a tenant for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, unless the landlord first provides to the tenant, in a form prescribed by the Director:
(1) a notification that the tenant may qualify for the waiver of late fees under subsection (e); and
(2) an attestation for the tenant to sign to receive the waiver.
(e) A landlord must waive late fees for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, if a tenant attests, in the application prescribed by the Director under subsection (d), that the tenant:
(1) has experienced a COVID-19 related financial hardship;
(2) has a gross household income at or below 50% of the area median income for the previous 30 days, or for the 2020 tax year; and
(3) has been a Montgomery County resident since August 2020 or earlier.
(f) A landlord must not require proof of, or challenge the veracity of, a tenant’s attestation under this Section.
(g) Notice of expiration of emergency. The Department must post on its website information about the requirements of this Section, including the date that the emergency expired, and the date that requirements under this section expire. (2020 L.M.C., ch. 14, §1.)
Editor’s note—2021 L.M.C., ch. 30, §3, as amended by 2023 L.M.C., ch. 21
, § 1, states: Application of Late Fee Restrictions. Section 29-55(d), added under section 1 of this Act: (1) applies to any uncollected late fee for rent that became due on or after the date of the emergency, including rent that became due on or after the date of the emergency and before the effective date of this Act; but (2) does not require a landlord to refund to a tenant any payment received by the landlord prior to the effective date of this Act.
2021 L.M.C., ch. 30, § 4, revises 2020 L.M.C., ch. 14, §§3 and 4 as follows: Sec. 3. Sunset date. This Act must expire, and must have no further force or effect, upon February 15, 2023.
Sec. 4. Short title. This Act may be cited as the “COVID-19 Renter Relief Act”.