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Delegate seeks fix to close loophole protecting tenants who call emergency services

2145525 · January 22, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Delegate Julie Plokovich Carr told the House Judiciary Committee HB 249 would correct a drafting error in 2023 law so local governments cannot enforce nuisance ordinances that fine property owners or tenants for calling police, fire or medical services.

Delegate Julie Plokovich Carr, sponsor of House Bill 249, told the House Judiciary Committee on Jan. 22 that the measure would correct a drafting error in 2023 legislation and ensure residents may summon emergency services without fear of landlord or local-government retaliation.

The bill is needed, Plokovich Carr said, because a small number of Maryland localities fine property owners after repeated calls for emergency services and some ordinances are written so broadly they can punish crime victims. “That legislation said that local governments cannot penalize property owners or their tenants solely for the act of calling for police or emergency assistance,” Plokovich Carr said during the hearing.

HB 249, she said, would amend state law to match the General Assembly’s intent from 2023 to preempt both enactment and enforcement of local nuisance laws based on calls for emergency service. Plokovich Carr said an Attorney General advice letter she provided supports that legislative history and recommended the change. “HB 249 simply seeks to correct the language of State law to match our legislative intent from the 2023 session and to make sure that every Marylander has access to emergency services without fear of retaliation by their landlord or local government,” she said.

Lori Ruth, public policy director at the Maryland Network Against Domestic Violence, told the committee the network supports the bill, saying ordinances that penalize calls for help can force survivors of domestic violence to choose between safety and housing. “Laws like this that punish people for calling law enforcement or emergency services compromises the safety of victims and survivors of domestic violence,” Ruth said, and she cited protections in the federal Fair Housing Act and the Violence Against Women Act as relevant background mentioned during testimony.

Committee members pressed for specifics about how local nuisance punishments work and who has taken official positions. Plokovich Carr said the penalties are typically monetary fines (sometimes a few hundred dollars) and that some localities notify landlords after a single call for service, which can trigger eviction. She said law-enforcement associations had not formally weighed in on the bill and that the Maryland Municipal League had withdrawn its prior opposition and was taking no position.

Plokovich Carr said she could follow up with data she used in 2023, which was gathered under Maryland’s public information procedures from local jurisdictions and shows wide variation by locality. Committee members also asked about impacts on people with disabilities; Delegate Kaufman noted that people who require frequent emergency assistance because of a disability can be disproportionately affected, a point Ruth and Plokovich Carr affirmed with examples from earlier testimony.

The committee concluded testimony on HB 249 and proceeded to the next bill. No formal vote or committee action on HB 249 was recorded in the hearing transcript.