Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes that when tenants make below 50% of their state's median household income they must be provided with counsel in eviction cases.

Highlights:

• Defines “MLSC” as the Maryland Legal Services Corporation (Sec. 1.F).

• Establishes there is a right to counsel in evictions program administered by the MLSC (Sec. 8–903.A).

• Requires the MLSC to provide for access to legal representation by a covered individual for a judicial or administrative proceeding, including the first appeal of a decision in the proceeding if the MLSC determines that there are sufficient legal grounds for the appeal of the following (Sec. 8–904.A):

• To evict a covered individual; and

• For a violation of any of the following sections of this subtitle provisions of this article:

• Retaliatory action by a landlord;

• Retaliatory action for informing a landlord of lead poisoning hazards;

• Rent escrow awaiting repair of dangerous defects;

• Failure of a lessor to remove lead–based paint;

• Nonjudicial eviction by the willful diminution of services; and

• The local equivalent of any provision.

• Specifies if feasible, legal representation required should begin no later than the time of the covered individual’s first appearance in a proceeding (Sec. 8–904.B-2).

• Requires the MLSC to develop an informational pamphlet in both english and spanish that includes the following (Sec. 8–905.A):

• Describing the legal rights of tenants, including the right to counsel; and

• Providing information on resources available to tenants.

• Requires the MLSC to report to the governor and the general assembly the following (Sec. 8–907):

• The number of covered individuals provided legal representation during the previous calendar year;

• Information on and metrics evaluating case outcomes; and

• A summary of the engagement and education of tenants.

• Establishes that there is a Right to Counsel in Evictions Special Fund (Sec. 8–909.A).

• Specifies the fund consists of the following (Sec. 8–909.E):

• Money appropriated in the state budget to the fund;

• Interest earnings of the fund; and

• Any other money from any other source accepted for the benefit of the fund.

• Specifies if a local jurisdiction enacts a local law providing for legal representation in eviction proceedings substantially similar to that described in this subtitle, MLSC will direct funding that would have been allocated under this subtitle for the benefit of that local jurisdiction’s tenants to the local program (Sec. 8–911.B).

• Establishes net interest on all state money allocated by the State Treasurer to special funds or accounts, and otherwise entitled to receive interest earnings, as accounted for by the Comptroller, will accrue to the General Fund of the State (Sec. 6–226.a-2.i).

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that establishes that when tenants make below 50% of their state's median household income they must be provided with counsel in eviction cases.

Highlights:

• Defines “MLSC” as the Maryland Legal Services Corporation (Sec. 1.F).

• Establishes there is a right to counsel in evictions program administered by the MLSC (Sec. 8–903.A).

• Requires the MLSC to provide for access to legal representation by a covered individual for a judicial or administrative proceeding, including the first appeal of a decision in the proceeding if the MLSC determines that there are sufficient legal grounds for the appeal of the following (Sec. 8–904.A):

• To evict a covered individual; and

• For a violation of any of the following sections of this subtitle provisions of this article:

• Retaliatory action by a landlord;

• Retaliatory action for informing a landlord of lead poisoning hazards;

• Rent escrow awaiting repair of dangerous defects;

• Failure of a lessor to remove lead–based paint;

• Nonjudicial eviction by the willful diminution of services; and

• The local equivalent of any provision.

• Specifies if feasible, legal representation required should begin no later than the time of the covered individual’s first appearance in a proceeding (Sec. 8–904.B-2).

• Requires the MLSC to develop an informational pamphlet in both english and spanish that includes the following (Sec. 8–905.A):

• Describing the legal rights of tenants, including the right to counsel; and

• Providing information on resources available to tenants.

• Requires the MLSC to report to the governor and the general assembly the following (Sec. 8–907):

• The number of covered individuals provided legal representation during the previous calendar year;

• Information on and metrics evaluating case outcomes; and

• A summary of the engagement and education of tenants.

• Establishes that there is a Right to Counsel in Evictions Special Fund (Sec. 8–909.A).

• Specifies the fund consists of the following (Sec. 8–909.E):

• Money appropriated in the state budget to the fund;

• Interest earnings of the fund; and

• Any other money from any other source accepted for the benefit of the fund.

• Specifies if a local jurisdiction enacts a local law providing for legal representation in eviction proceedings substantially similar to that described in this subtitle, MLSC will direct funding that would have been allocated under this subtitle for the benefit of that local jurisdiction’s tenants to the local program (Sec. 8–911.B).

• Establishes net interest on all state money allocated by the State Treasurer to special funds or accounts, and otherwise entitled to receive interest earnings, as accounted for by the Comptroller, will accrue to the General Fund of the State (Sec. 6–226.a-2.i).

Full Bill Text