McDaniel v. Baranowski
19 A.3d 927
| Md. | 2011Background
- McDaniel, a tenant in a Brooklyn Park second-floor apartment, sued tenant Baranowski; Baranowski operated a “multiple dwelling” without a current license as required by Anne Arundel County Code §11-10-102; Baranowski had license expired since 2005 and only reapplied May 21, 2009 after initiating eviction proceedings.
- McDaniel paid initial rent and security deposit but later vacated or planned to vacate due to dangerous electrical defects and other code violations cited by county health inspector.
- County code requires licensure to operate a multiple dwelling; license issuance requires health officer approval and inspection compliance with the county code.
- Baranowski sought summary ejectment under Real Property Article §8-401 for McDaniel’s nonpayment of rent, triggering a quick, streamlined district court process.
- McDaniel asserted in defense that the unlicensed premises violated local habitability standards and that the license deficiency should bar the landlord from using summary ejectment; she also claimed damages under the Consumer Protection Act (CPA) for housing-code violations and sought rent escrow relief.
- The District Court granted possession to Baranowski, awarded back rent, and denied McDaniel’s counterclaims and rent-escrow requests; the Circuit Court affirmed back rent and CPA denial but reversed possession, remanding for dismissal of the summary ejectment actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of an active local license bars summary ejectment under §8-401. | McDaniel contends unlicensed operation prevents pursuing summary ejectment. | Baranowski argues §8-401 contains no license requirement to invoke summary ejectment. | Yes; unlicensed operator cannot use summary ejectment in licensure jurisdictions. |
| Whether the District Court erred in striking McDaniel’s appeal as untimely and in handling post-judgment motions. | McDaniel argues the May 29, 2009 hearing was a new trial on April judgment, making the appeal timely. | Baranowski asserts proper appellate timing; motions were correctly treated. | The appeal timing was properly determined; post-judgment movant appeals were appropriately reviewable. |
| Whether McDaniel proved actual loss or injury under the CPA for lack of license and dwelling defects. | McDaniel alleges substantial defects caused daily danger and reduced habitability, constituting injury. | Baranowski contends no proven actual injury; license issue alone does not establish CPA injury. | McDaniel failed to prove actual loss or injury; CPA claim affirmed only to the extent of lack of licensed operation not yielding damages. |
| What is the appropriate remedy for the possession judgment given the licensed status and defects? | McDaniel seeks dismissal of summary ejectment and damages. | Baranowski seeks enforcement of possession and back rent recovery. | JUDGMENT OF CIRCUIT COURT AFFIRMED IN PART AND REVERSED IN PART: back rent upheld; possession reversed and remanded to dismiss summary ejectment actions. |
Key Cases Cited
- Berenter, Inc. v. Berman, 258 Md. 290 (Md. 1970) (unlicensed conduct undermines access to the courts for public-protection statutes)
- Snodgrass v. Immler, 232 Md. 416 (Md. 1963) (unlicensed contractor cannot enforce contract; public policy and licensure impact enforcement)
- Citara-Manis v. Hallowell, 328 Md. 142 (Md. 1992) (requires actual injury for CPA recovery when lack of licensure; restitution framework)
- Golt v. Phillips, 308 Md. 1 (Md. 1986) (habitable premises; landlord liability for defects and related injuries)
- Shum v. Gaudreau, 317 Md. 49 (Md. 1989) (summary ejectment limits; res judicata considerations in landlord-tenant actions)
- Baltimore Street Builders v. Stewart, 186 Md.App. 684 (Md. App. 2009) (unlicensed contractor issues tied to enforceability in expedited proceedings)